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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 26, 2018 at 7:30 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Cole, Mr. Polce, Mr. Hare, and Mr. Lindell.
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 7:55 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.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Mayor Christiansen, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Lewis and unanimously carried.
Mr. Neil moved for approval of the Consent Agenda, seconded by Mr. Hare and carried by
a unanimous roll call vote.
ADOPTION OF MINUTES - COUNCIL WORKSHOP OF JANUARY 26, 2018
The Minutes of the Council Workshop of January 26, 2018 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Hare and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF FEBRUARY 12, 2018
The Minutes of the Special Council Meeting of February 12, 2018 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Hare and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 12, 2018
The Minutes of the Regular Council Meeting of February 12, 2018 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Hare and bore the written approval of
Mayor Christiansen.
PRESENTATION - DOVER LIONS CLUB
Mr. Tony Lee, President, and Mr. Bruce Marvel of the Dover Lions Club presented the City of
Dover with a 1838 map of Delaware etched on a mahogany plaque. Mr. Lee advised that The Lions
Club and the City of Dover were celebrating a shared accomplishment, noting that The Lions Club
International is celebrating its first centennial and the City of Dover is celebrating its tricentennial
anniversary.
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CITY COUNCIL MEETING OF FEBRUARY 26, 2018 PAGE 2
Mayor Christiansen, on behalf of the Mayor, members of City Council, and the citizens of Dover,
accepted the plaque and thanked The Lions Club for the gift.
PRESENTATION - DELAWARE DIVISION OF HISTORICAL AND CULTURAL
AFFAIRS
Ms. Suzanne Savery, Deputy Director of the Division of Historical and Cultural Affairs,
Ms. Nena Todd, Site Supervisor of the Old State House and Johnson Victrola Museum, and
Ms. Gloria Henry, Site Supervisor of the John Dickinson Plantation, provided a presentation
announcing the Delaware Division of Historical and Cultural Affairs accreditation by the American
Alliance of Museums, the highest recognition afforded to museums in the United States.
PRESENTATION - 2017 ANNUAL REPORT - ROBBINS HOSE COMPANY (DOVER
FIRE)
Fire Chief Carleton E. Carey, Jr. reviewed the 2017 Annual Report for the Robbins Hose Company
(Dover Fire).
Responding to Mr. Anderson, Chief Carey explained that the high number of fires in January was
attributed to heater malfunctions.
Responding to Mr. Lewis, Chief Carey advised that they have been actively recruiting volunteers
through Delaware State University, Wesley College, and the Capital and Caesar Rodney school
districts.
Mr. Sudler moved for acceptance of the 2017 Annual Report of the Robbins Hose Company.
The motion was seconded by Mr. Lewis and unanimously carried.
COUNCIL COMMITTEE OF THE WHOLE REPORT - FEBRUARY 13, 2018
The Council Committee of the Whole met on February 13, 2018 at 6:01 p.m., with
Council President Slavin presiding (departed at 7:00 p.m. and returned at 7:02 p.m.).
Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Cole (departed at 6:44 p.m. and returned at 6:46 p.m.), Mr. Polce, Mr. Hare, and
Mr. Lindell. Mayor Christiansen was absent. Civilian members present for their
Committee meetings were Mr. Caldwell (Parks, Recreation, and Community
Enhancement), Mrs. Doyle and Ms. Scarborough (Utility), and Mr. Shevock and
Dr. Stewart (Legislative, Finance, and Administration). Dr. Warfield (Parks,
Recreation, and Community Enhancement) was absent.
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairman Sudler presiding.
Presentation - Healthy Neighborhoods/Open Streets Program
Representatives of the Dover/Smyrna Healthy Neighborhoods Initiative,
Mr. David Edgell, Principal Planner, Delaware Office of State Planning, and
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CITY COUNCIL MEETING OF FEBRUARY 26, 2018 PAGE 3
Ms. Chanda Jackson, Community Organizer, NCALL, reviewed a presentation
entitled “Dover/Smyrna Healthy Neighborhoods Initiative”. Mr. Edgell noted that
he works for the State Planning Office and during the past year and a half, as part of
that activity and through the American Planning Association, they did a “Plan for
Health” study in Kent County that looked at the intersection between the built
environment and public health. He stated that the health data had identified that the
state spends a lot on health care; however, the state’s population is not particularly
healthy. Mr. Edgell explained that from the Plan for Health work they know that
Dover and Kent County in particular have probably some of the least good health
indicators in the state, which was their rationale for choosing Kent County for their
Plan for Health study.
Mr. Edgell noted that in each of the healthy neighborhoods committees, the idea is
to work with community members to identify the health issues that are most pressing
in those communities as defined, and to come up with pilot projects that can be
modeled and completed to start addressing some of those concerns. He advised that
the Dover/Smyrna Healthy Neighborhoods Initiative had identified two (2) task
forces to focus on those issues: a Behavioral Health Task Force, which he believed
was being led by Mr. Polce, and a Healthy Lifestyles/Chronic Disease Prevention
Task Force, which Mr. Edgell stated he had been involved in and would be talking
to members about.
Mr. Edgell informed members that the Healthy Lifestyles/Chronic Disease
Prevention Task Force had thought about all the health data indicators that they were
able to ascertain, and one (1) of the issues in Kent County with obesity and chronic
diseases is that people just generally are not being as physically active as is
recommended or as they could be. He noted that the Task Force had a lot of
presentations and meetings, and reached out to different parks and recreation groups
and service providers, and found that there are a lot of good recreational assets in
Kent County and wondered why people aren’t taking more advantage of those assets.
Mr. Edgell stated that, after a series of meetings and research by members of the
Task Force, they came up with the idea to run an “Open Streets” pilot program.
Mr. Edgell advised that “Open Streets” is a world-wide program that first started in
Latin America and is widespread throughout the United States, Canada, Latin
America, and even Europe. He explained that the basic idea would be that on a
regular basis in a community such as Dover a day would be designated, for example
a Saturday or Sunday morning or a Wednesday afternoon, and some of the streets
would be closed and a loop or a route would be created where people could get out
and be physically active. Mr. Edgell noted that the physical activity could be riding
a bike, roller blading, skateboarding, walking with children and pets, etc. He stated
that there is often another program that goes along with this, for example a yoga
studio might set up yoga in one (1) area, or part of the route could be a community
park and there could be programming at that park. Mr. Edgell explained that the idea
is to try to draw the community out to walk and engage in physical activity in a safe
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and non-threatening environment. He stated that their Task Force’s idea was to try
to promote some of these events in Dover this year.
Mr. Edgell advised that the Task Force had already talked to NCALL and Restoring
Central Dover and believed that they would be an excellent community partner to be
the fiscal agent. He explained that the State Innovation Model (SIM) grant includes
funding and there is approximately $1M statewide that is to be distributed through
the three (3) committees for various programs, pilot projects, and things of that
nature. Mr. Edgell stated that the role of the Dover/Smyrna Local Council, which
he believed he may be the chair of, is to identify partners in the community that can
undertake some of these projects, and this grant funding comes through a fairly
complicated stream but then through a local committee and can be used for these
purposes. He clarified that, at this point, they were not asking the City for funding,
they were only looking for the City’s support and ideas on whether this would be a
good fit and a good match. He stated that, based on their conversations with
Restoring Central Dover, it seemed like it would be a good corollary to some of the
programs that the City is already doing.
Ms. Jackson stated that she thought that many members were already familiar with
Restoring Central Dover. She explained that they currently do a lot of community
programs, events, and projects, so when they heard about Open Streets, they thought
it was a perfect match. Ms. Jackson advised that in the past they had tried to do
similar play street type events and she thought it would be awesome to be able to
expand to Open Streets. She stated that she thought that this would align with the
Restoring Central Dover Plan under the Transportation, Green Space, and
Infrastructure Work Group as open space, as well as the Community Engagement
and Resident Engagement Work Group. She noted that the plan is available on the
NCALL website at ncall.org. Ms. Jackson stated that she thought this would be a
great way to get kids, adults, and families outside socializing and learning with each
other, in addition to promoting some of the businesses, especially in the Loockerman
corridor. She reiterated that she thought this would be a great fit for Restoring
Central Dover and the Dover community, noting that it would definitely build social
capital in the area and connect people with downtown businesses.
Mr. Edgell advised that more work still needed to be done to identify a plan, budget,
and program, and that would include hearing the City’s Parks, Recreation, and
Community Enhancement Committee’s thoughts, questions, and ideas to help guide
the work that they would be doing in the near future. He stated that they would also
be reaching out to other partners and facets of the community to see who would want
to partner and collaborate on these events. Mr. Edgell noted that they were hoping
to move this forward and looking for it to be an activity that could occur sometime
before it gets too cold again next fall, because the SIM grant funding has to be closed
out by January 2019.
Mr. Anderson asked if they were seeking a recommendation from the Committee that
this be endorsed by City Council. Responding, Mr. Edgell stated that this would
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probably be a good first step, as well as hearing the Committee’s thoughts and ideas
to help them make this event a reality.
Mr. Anderson asked Mr. Edgell if they would work with the City to promote existing
programs like the Police Athletic League (PAL) and maybe get demonstrations of
some of the City’s current recreation and library programs. In response, Mr. Edgell
stated that this would absolutely be the idea, explaining that those were all things that
they were thinking about. He advised that a small group had met with
Mrs. Margery Cyr, Library Director; Mr. David Hugg, Director of Planning and
Community Development; and Mr. Kirby Hudson, Assistant City Manager, a few
weeks ago to pitch this idea and got some thoughts about programs that they are
working. Mr. Edgell stated that the idea would definitely be to use this to promote
what is already going on in Dover from a parks and recreation standpoint, and also
to encourage people to get out and experience the things that are here and available
to them now that they aren’t currently using.
Mr. Anderson noted that inviting Kent County to participate would be good as well.
Mr. Edgell stated that the Task Force spent the past four (4) or five (5) months
meeting with and talking to people, and one (1) of their findings, which was
shocking in a good way, was how many assets there are in Dover and Kent County.
He noted that it was also very surprising that more people do not take advantage of
these assets.
Mr. Neil stated that he thought that this was a marvelous concept, particularly if it
could be used to promote the downtown area. He noted that City Council had
previously discussed pop-up parks, which he thought would fit into this concept, and
this type of activity would cause excitement as well. Mr. Edgell thanked Mr. Neil,
stating that pop-up parks or pop-up trails would be a good tie-in. He explained that
part of the concept of this sort of program is that things can be tried out without
having to build a park; a park can be made for a day to see how it works.
Mr. Lindell stated that he was in favor of anything that keeps people, regardless of
age, active in the community, and bringing the community together is always a great
thing. He noted that he hears a constant concern from constituents with children
regarding basketball courts in the streets. Mr. Lindell stated that it is a balance
between safety and kids having fun. He explained that he grew up on an acre of land
in the country and there was plenty of land to play; however, in a city there is not
much room and there is a need to balance the safety of traffic, etc. Mr. Lindell stated
that providing an opportunity for kids to play basketball or other types of activities
was something to look at also. Responding, Mr. Edgell agreed, noting that the idea
of Open Streets is that a street or a portion of a street would be closed to make it safe
for everybody to play, and this would be a good chance to demonstrate how to do
that safely. He stated that between the ideas of pop-up parks, play streets, and open
streets, and depending on where those basketball courts fit or what days of the week
would work, these are things that could definitely be addressed.
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Mr. Polce noted that another representative of the Dover/Smyrna Healthy
Neighborhoods Initiative, Mrs. Marianne Carter, Director, Delaware Center for
Health Promotion (DCHP) at Delaware State University (DSU), had joined
Mr. Edgell and Ms. Jackson.
Mr. Polce noted that he sits on the other side, looking at the behavioral health and
integration and access to care issues that the community is continuing to face;
however, he thought that this was an outstanding proposal. He informed members
that this money has to hit the streets sooner rather than later, explaining that they
have to be very diligent in allocating the SIM monies from the federal government.
Mr. Polce stated that this team is working exponentially quickly to get this proposal
up and running. He advised that once their plan is ready, it would behoove the City
to run with it, knowing that the plan that they are going to outline can be trusted,
with the expertise they have sitting around their table. Mr. Polce indicated that
members may not know that Mrs. Carter has an extensive background in handling
lifestyle and chronic disease issues. He stated that he absolutely supported the
initiative.
Mr. Sudler asked if they could elaborate on the Behavioral Health Task Force,
specifically what the aim of their health care model for the community is and if they
will be offering some kind of therapeutic services. Responding, Mr. Polce suggested
that the Committee receive a full update from that group, explaining that there are
individuals on that Task Force who are far more eloquent and intelligent than he is.
He advised that the Task Force is specifically focused on a term called a “center of
excellence,” explaining that, in general, centers of excellence in health care look for
integrating services into a one-stop shop. Mr. Polce stated that when you think of
a boutique that has everything in itself, they want to replicate that in health as a
whole, but more specifically in brain health and behavioral health. For example, he
stated that they would work with local providers on a center that would be declared
a Center of Excellence, having a full range of both behavioral and mental health
services and integrating in-patient, out-patient and what has historically been referred
to as wrap-around services. Mr. Polce noted that there would also be a labor or work
force development component, so individuals would be looked at holistically.
Mr. Polce informed members that the Task Force is also charged with looking at how
to best combat some of the issues that plague the city, such as homelessness, and
creating a platform that mobilizes that homeless population to housing. He noted
that Mr. Hugg had been a part of those conversations and the Mayor’s Blue Ribbon
Task Force on Homelessness was working well with the Behavioral Health Task
Force on that partnership. Mr. Polce indicated that, since this is a broader Kent
County group, they have thought partners from Smyrna and Milford and are looking
at a larger geographical area, with Dover being the hub as the County seat.
Responding to Mr. Sudler, Mr. Polce stated that he is the chair of the Behavioral
Health Task Force.
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Mr. Sudler stated that he was thinking that, when it comes to bullying, peer pressure
and drug use, maybe members could consider some type of therapeutic services that
consist of counseling and how the youth may be able to effectively deal with that,
and the emotional challenges that they face, not only in the school system but also
outside of school in family homes. In response, Mr. Polce stated that, as Mr. Sudler
sees fit, he would work with him to update the Committee on some of the great work
that is being done in that group.
The Committee recommended endorsement of the City working with the Healthy
Neighborhoods Open Streets program.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote.
Potential Land Acquisition - 104 Washington Street and 149 Hazel Road
During the Council Committee of the Whole/Parks, Recreation, and Community
Enhancement Committee meeting of January 9, 2018, this item was postponed.
Mr. Gerald Street, 39 Hazel Road, advised members that he and Mr. Charles Salkin,
15 Maple Lane, were present to speak on behalf of the Kent County Conservancy.
Mr. Street stated that, as the name implies, this organization is a conservation for
lands in Kent County, of which he is the current chairman and Mr. Salkin is the past
chairman.
Mr. Salkin advised members that the conservancy is looking at protecting open space
throughout Kent County, but they are a small, fairly new organization and their focus
has been on the Dover area and particularly the St. Jones watershed. He stated that
as they looked at the watershed over the last couple of years, they identified some
parcels that they thought were in need of preservation but were not necessarily
threatened, or at that point were not necessarily even on the market to be acquired
and protected by anyone. Approximately two (2) years ago they began discussions
with the Jackson family, who own the two (2) parcels located at 104 Washington
Street and 149 Hazel Road. Mr. Salkin indicated that, driving into Silver Lake Park,
the parcel on Washington Street is located on the right hand side, which everyone
thinks is part of the Park but is actually owned by the Jackson Family Estate. He
explained that at the time the Conservancy initiated this, there was also a second
parcel, located on Hazel Road, which at that time was the family’s home. He stated
that this parcel abuts Silver Lake Park where there are woods and wetlands along a
small tributary.
Mr. Salkin explained that they sat down with the Jackson family to find out if they
had an interest in preserving their land, and potentially either adding to Silver Lake
Park or somehow enhancing it through a preservation or conservation project, and
they were very agreeable but were still in the early stages of settling their estate. He
stated that in May 2017 the Conservancy sent a letter to the Mayor and Council
suggesting that the City have a discussion with the Jacksons about the possible
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preservation of those parcels, and that the Conservancy would be happy to be an
intermediary, a facilitator, and a supporter. Mr. Salkin recalled that the matter was
presented to the City previously and the reaction at that time was that the City was
not interested. He explained that they resurrected this idea in the fall and contacted
Mr. Neil because, at that time, the family had not yet sold either property and were
willing to consider a bargain sale, which the Conservancy thought changed the terms
of the proposal. He stated that this was the first opportunity to formally discuss this
matter since that time.
Mr. Salkin advised members that they had sold the Hazel Street parcel, so that was
no longer on the table. He noted that he was unsure whether it had actually gone to
settlement; however, it was under contract and would not be available. Mr. Salkin
expressed the Conservancy’s hope that the future owners of the property would
consider some conservation activity, possibly a conservation easement to enhance,
buffer, and protect Silver Lake Park.
Mr. Salkin stated that they wanted to discuss the small parcel adjacent to Silver Lake
Park at the end of Washington Street. He advised that it is a wooded parcel that is
not highly valuable but it is all green, and noted that there is a small tributary, a
drainage way, that runs through it. Mr. Salkin stated that it is for sale to be
developed, presumably for residential use because that is how it is zoned. He
indicated that almost all of the trees on the parcel would have to be cut down to put
a house there, and the house would then have a nice view of the park and would also
present a very nice view from the park, rather than the green woods that are currently
there.
Mr. Salkin stated that he and Mr. Street were present to express the desire of the
Conservancy, and others in the community that they had talked to, that Council,
through whatever appropriate individuals or method, would soon begin serious
discussions with Tom and Terry Jackson, who are the beneficiaries of their parents’
estate, about how this parcel can be preserved. Mr. Salkin noted that when the
Jackson family proposed consideration of a bargain sale of up to 50% in October,
this was before the tax bill passed in congress. He explained that the benefits to
them of doing that are now radically reduced because of the change in the tax
structure and how that tax structure affects their estate. Mr. Salkin stated that he
believed that this was a discussion that the Jackson family was still open to having,
noting that he had spoken to Tom Jackson early in the day and they are still willing
to talk about selling the property for something less than its fair market value.
Mr. Salkin noted, as indicated in the letters that the Conservancy sent to the City in
2017 regarding this matter, that a grant-in-aid program through the State of Delaware
Division of Parks and Recreation could provide half of the cost of this project at
whatever the ultimate cost would be. He stated that he thought that, in the greater
scheme of things, this is a fairly inexpensive transaction and parcel because the
Department of Natural Resources and Environmental Control (DNREC) funding
would be available to pay for half of it, whether they were selling it at full price,
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full fair market value, or some reduced price. Mr. Salkin stated that, based on
discussions with the people who manage that program, they consider this a fairly
small but important project that would have a very high likelihood of being funded,
since land acquisition is the top priority for the program.
Mr. Salkin stated that he and Mr. Street were present to encourage the Committee to
endorse this project or to at least begin discussions with the landowners or the
Conservancy, if the family would choose them to be their representative.
Mr. Street noted that members may be asking themselves why the City would even
bother when this is an incredibly small piece of land and indicated that it would be
the message that they would be sending. He advised that the goal of the Kent County
Conservancy is Kent County, and Dover is the hub. Mr. Street stated that they do
not want to force anything and their goal is to work with people as facilitators,
indicating that Mr. Salkin works with DNREC and Mr. Michael Petit de Mange is
on their board as well. He explained that the Conservancy is looking for interest by
the City in expanding land that is available for recreation because they are interested
in preserving land for people to use, enjoy, see, canoe, kayak, etc.
Mr. Street stated that they were not asking for money at this time and were
just asking for an endorsement. He indicated that if members think that this is
worthwhile, they would spend the time and effort to do the negotiations as best they
can, and the City would have final say on anything of that nature. Mr. Street asked
that the City let them know now if they do not have any interest, so they can bypass
the City in their efforts and move on to other sites. Mr. Street stated that the
Conservancy’s goal is not only to help preservation but that they also believe in the
education of young people and building an interest in them to protect the land. He
noted that one (1) of their board members was a former Director of Human
Resources for Capital School District.
Mr. Slavin stated that he would have to recuse himself from this issue because it
involves the discussion of a parcel that abuts the street that he lives on, which may
be perceived as a conflict of interest. Mr. Salkin reminded Mr. Slavin that the
Hazel Street property was off the table and was not available to the City.
Mr. Polce asked whether the Washington Street parcel had been appraised.
Responding, Mr. Salkin stated that he did not believe that there had been an
independent professional appraisal, which would be a requirement for the City and
for the grant funding. He indicated that the realtor handling it had identified what
they thought the market price was or maybe something higher. Mr. Salkin stated that
he believed that the assessed value was in the range of $60,000; however, he did not
know what that meant in the open market.
In response to Mr. Polce, Mr. Salkin stated that he did not believe that the
Washington Street parcel had any wetlands but it might. He noted that it might need
to be assessed for that but it does not show up on wetland maps. Mr. Salkin advised
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that it is a drainage way of sorts because it is sloped, but a lot of that area in the past
had been filled. He expressed his belief that there was probably nothing that
precludes significant portions of the property from being filled to level it for
residential construction.
Mr. Polce asked if the Conservancy has any money that it could emit to the purchase
and acquisition of the property to make it a potential partnership. Responding,
Mr. Salkin advised that the Conservancy does not have any money. He explained
that they had looked for other partners or conservation organizations inside and
outside of the city that might be able to bring funding to the table, but at this point
it looked like the best prospect was the State grant program, which he thought was
a pretty attractive offer at 50%.
Mr. Neil stated that he had previously gone through the area with Mr. Salkin and
thought there was a possibility of having a pathway there; however, he indicated that
he was now uncertain how much of this one (1) parcel could be used for a trail or
walkway. He noted that the Committee was also considering the Master Plan for
Dover Park, which is in his Council District, and he was concerned regarding the
cost and where the City stands with the budget. Mr. Neil stated that he thought it
came down to a financial matter. He stated that he wanted to know how much of the
parcel is usable, noting that he had seen the two (2) parcels and thought there was
marvelous possibility. Mr. Neil stated that he thought that the City needed to discuss
the matter but was unsure whether his colleagues were willing to make a
commitment on it. He expressed his opinion that the City should continue to take a
look at it and see what comes up. Mr. Neil asked, even if it was commercially
available, how feasible it would be to build a house in that particular spot and who
would want to build it there.
Mr. Lindell stated that he did not think it would cost anything to at least have a
conversation and investigate deeper. He noted that there were still a lot of unknowns
and unanswered questions, for example, whether it is a parcel that will benefit the
City at Silver Lake with a wide variety of things. Mr. Lindell indicated that it would
not hurt to ask staff to take a look at that, and once they have more information,
including the firm cost, they could have a real discussion on what they want to do.
Mr. Slavin cautioned members that discussions about the purchase of a property are
protected under executive session and should occur in executive session.
The Committee recommended that the Parks and Recreation staff look at the
feasibility of obtaining the land and what the cost may be for obtaining the land.
Mr. Slavin stated that this matter could be scheduled to be held in executive session
two (2) weeks hence, and members of the Conservancy could participate in portions
of the meeting and the dialogue could be continued at that time.
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By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote.
Evaluation of Proposals - Dover Park Master Plan
Members were advised that Dover Park revitalization has become one of the top
priorities for the Parks and Recreation Department. Based on constituent feedback
and Council direction, staff has begun the process of developing a Master Plan for
Dover Park. Mrs. Margery Cyr, Library Director, reviewed the background and
analysis for this item.
Staff recommended awarding Whitman Requardt and Associates, LLP the contract
for Dover Park Master Planning Services.
Mr. Hare moved to recommend acceptance of staff’s recommendation, seconded by
Mr. Neil.
In response to Mr. Sudler, Mrs. Cyr stated that the lowest bid was submitted by
Landscape Architectural Services, in the amount of $43,885. She explained that staff
recommended Whitman Requardt and Associates, LLP, which had a higher
performance score than Landscape Architectural Services. Mrs. Cyr stated that
Whitman Requardt and Associates, LLP’s bid was $45,000, which was
approximately $1,100 more than Landscape Architectural Services. She advised that
both firms did a preliminary evaluation, Whitman Requardt and Associates, LLP did
a site visit and requested local consideration, and Landscape Architectural Services
did not request local consideration.
The Committee recommended awarding Whitman Requardt and Associates, LLP the
contract for Dover Park Master Planning Services, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote.
Final Report - Non-Conforming Uses Project (Planning Reference #MI-16-13)
During their Regular meeting of August 22, 2016, City Council received an Update -
Residential Appeal Process and Non-Compliant/Non-Conforming Uses/Review
of Physical Data (53% completed) and approved the Council Committee
of the Whole/Parks, Recreation and Community Enhancement Committee’s
recommendation of providing some direction for Mrs. Ann Marie Townshend,
former Director of Planning and Community Development, and that any existing
business not be unduly affected by a potential rezoning so that the application fee
would be waived and the public notice requirement would be conducted by the
Planning Office.
Mrs. Dawn Melson-Williams, Principal Planner, reviewed the background and
“2016-2017 Sunsetting of Nonconforming Uses in Dover, Delaware: Final Report.”
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CITY COUNCIL MEETING OF FEBRUARY 26, 2018 PAGE 12
Staff recommended acceptance of the report.
Mr. Anderson thanked staff for the work they had done over a long period of time,
noting that he thought that it had brought tremendous value to the community. He
stated that it was not an easy project, but it was important and had been 40 years
overdue.
Mr. Anderson expressed concern regarding the idea of not allowing one (1) year for
residential properties, as indicated in the Code. He noted that if the City does not
have any standard, someone could move, two (2) days later someone could move in,
and it could be claimed vacant. Mr. Anderson stated that he thought this would be
unfair to their property rights and the City could be sued if the Code says one thing
and the City does something else. He asked that this be taken into consideration,
since it is in regard to residential properties that were properly zoned before the zone
changed.
Mr. Anderson asked if the report was up to date in regard to 217 North Kirkwood
Street, noting that it indicated that a Conditional Use application had been made to
the Planning Commission; however, it was his understanding that it had been
withdrawn. Responding, Mrs. Melson-Williams advised that the application was
filed as C-17-06 in late 2017 and was scheduled to be heard by the Planning
Commission in December; however, the applicant asked to defer consideration of the
application to a future meeting. She stated that it had not yet been rescheduled.
Mrs. Melson-Williams explained that they were making an application to establish
a new conditional use to enact a membership club that is private, serving only their
guests. She advised that it is a conditional use in the zoning classification of that
property that they, or any future owner could certainly pursue. Mrs. Melson-
Williams noted that application C-17-06 is totally separate from this non-conforming
use report and is basically being held in abeyance until the applicant wishes to appear
in front of the Planning Commission. She advised that it had been identified during
the initial review that some additional information should be submitted in order to
fully understand their request for conditional use.
Mr. Sudler, referring to 217 North Kirkwood Street, asked whether the City had done
any research in regard to what other municipalities have decided when they have
faced the same situation where a non-conditional use permit was violated and the
owner then tried to reapply for the same usage that was violated. He asked
Mrs. Melson-Williams knew of any penalties or any type of repercussion that other
municipalities may have enforced or sanctioned. In response, Mrs. Melson-Williams
stated that staff had not done any research into additional processes that other
jurisdictions have for conditional uses and how they consider them, or if something
was originally non-conforming and that use ceased, which is the case here, or if there
are any limitations for someone seeking a new conditional use. She advised that the
previous use is considered to have ceased at this point at that property and they are
subject to the provisions of the zoning ordinance, noting that this would allow the
establishment of a list of permitted and/or conditional uses subject to the appropriate
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CITY COUNCIL MEETING OF FEBRUARY 26, 2018 PAGE 13
review requirements. Mrs. Melson-Williams explained that it would be just like if
somebody had a vacant building that had previously been used for a house and then
wanted it to become an office. She stated that if the process existed in the Code for
it to be considered as an office, they would certainly be welcome to make that
application. She stated that the City could not prohibit them from looking at that
new space as an office, if the Code allowed a process in order for it to be considered.
Mr. Sudler stated that his main concern is what happens when the City finds that a
business has not shown good faith in dealing with the City and has been proven the
opposite of what they said. He noted that it does not sound like there is any incentive
for a business to conduct its business in good faith with the City if they can violate
the Code with no repercussion and then start over again with the possibility of
reopening, with no individual fault. Mr. Sudler stated that he thought that this was
something that the City needed to consider revising to include tough stipulations to
deter other businesses from disregarding the Code. He noted that it did not seem like
there was any type of penalty or incentive to do the right thing. In response,
Mrs. Melson-Williams stated that she was not familiar with other jurisdictions and
how they deal with this.
Mr. Neil moved to recommend acceptance of the report, seconded by Mr. Lewis.
Mr. Anderson asked, if they decide to revise the conditional use request, that all
relevant information that is in the City’s records be added to the public record so that
the Planning Commission can rightfully consider all relevant information, including
past behavior and past law-breaking by the applicants.
Mr. Anderson moved to amend the motion to include that all relevant information,
including past law-breaking, be made part of the public record of any conditional use
application, seconded by Mr. Sudler and unanimously carried.
The Committee recommended acceptance of the report, and that all relevant
information, including past law-breaking, be made part of the public record of any
conditional use application.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote.
UTILITY COMMITTEE
The Utility Committee met with Chairman Cole presiding.
Evaluation of Proposal - Electric Utility Management and Benchmarking
Assessment
During their Regular meeting of April 10, 2017, City Council approved the Council
Committee of the Whole/Utility Committee’s recommendation to authorize the
Acting City Manager to solicit interest for Utility Professional Services.
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CITY COUNCIL MEETING OF FEBRUARY 26, 2018 PAGE 14
Mrs. Donna Mitchell, City Manager, reviewed the background and analysis for this
item.
Staff recommended authorizing the City Manager to enter into a contract with Avant
Energy for an Electric Utility Management and Benchmarking Assessment.
In response to Mr. Slavin, Mrs. Mitchell explained that by doing this, she hopes to
find efficiencies and best practices that will make the City’s utility more competitive.
She stated that this is a three-pronged approach: the City is doing the Integrated
Resource Plan (IRP) for supply, looking at the City’s generation assets and whether
it is viable to continue using those assets or do a long-term capacity agreement, and
looking at the City’s rates and efficiencies and how the utility is run.
Mrs. Mitchell reminded members that, during the Council Workshop of
January 26, 2018, Mr. Paul Waddell, Engineering Services and System Operations
Superintendent, stated that one (1) of his goals was to create performance manuals
for the substations. She stated that the City does not currently have such
performance manuals and does not have logs of when these substations are
maintained. Mrs. Mitchell explained that when staff goes in and oils breakers or
changes out switch gears or any of those items, there are no manuals on its
substations and there have not been for a long time. She stated that she is looking
for an administrator to come in and be able to run the utility the way it should be run,
noting that she had explained all of this to staff.
Mr. Slavin asked Mrs. Mitchell what outcome she was hoping to achieve with this
and what the City would get for its investment. Responding, Mrs. Mitchell stated
that she is hoping to find out where the City can run the utility better with best
practices and possibly at a reduced cost to make the City more competitive with the
other utilities.
Mr. Slavin, noting that the contract price was $95,000, asked how long it would take
the City to identify and achieve $95,000 in savings. In response, Mrs. Mitchell
stated that she did not think it would take the City long at all to achieve that.
Mr. Hare asked if they were going to come back and say they think the best thing to
do is shut the City’s plants down or if there were going to be other options.
Responding, Mrs. Mitchell stated that she was looking at that herself with The
Energy Authority (TEA) because they are looking at long-term capacity deals. She
informed members that she is concerned about the risk the City is taking with the
plant right now, with the new CP penalties that begin this June. Mrs. Mitchell stated
that between the City not being able to get gas, air permit issues, and the risk if
something breaks, there could be millions of dollars in penalties if the City gets into
similar situations under the new contract that begins in June.
Mr. Sudler stated that he liked the idea of doing the research and concurred with
Mrs. Mitchell’s effort.
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CITY COUNCIL MEETING OF FEBRUARY 26, 2018 PAGE 15
Mr. Neil noted that Mrs. Mitchell had also referred to dealing with the rate structure.
He stated that he thought one (1) of members’ concerns had been with the City’s
commercial customers and asked how the City would be able to decrease their rates
and whether that would be something that members would receive from this report.
In response to Mr. Neil, Mrs. Mitchell advised members that the rate study is on a
separate track. She stated that the City’s rate consultant was expected to be done
during the first part of March. Mrs. Mitchell informed members that, in the City’s
current model, the allocations of transmission and distribution are about 50%
transmission and 50% distribution; however, when looking at the City’s system, it
is actually about 90/10, with 90% distribution. She explained that the transmission
is becoming over-allocated to the commercial customers, which is where she thought
some of the problem was. Mrs. Mitchell stated that she thought that if the City
corrects this, members will see the residential rates increase and the commercial rates
decrease.
Mr. Cole thanked Mrs. Mitchell for the openness that she had shown, meeting with
the utility staff, being up front with everything, and all the work that had gone into
making this an objective, transparent process.
Mrs. Mitchell stated that she had explained to staff that this is a culture that the City
has always had and she did not think that anyone was intentionally doing anything
wrong. She noted that staff was agreeable that if the City has any inefficiencies that
need to change, they will change. Mrs. Mitchell noted that things might come back
and prove her wrong.
The Committee recommended authorizing the City Manager to enter into a contract
with Avant Energy for an Electric Utility Management and Benchmarking
Assessment, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare
presiding.
Proposed Ordinance #2018-01 - Amending Chapter 66 - Manufactured Homes,
Mobile Homes, and Land Lease Communities; Appendix B - Zoning, Article 3
- District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix
B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines
(Sponsors: Neil and Hugg)
Members were advised that Proposed Ordinance #2018-01 reorganizes and clarifies
a portion of the updates to the Dover Code made in August 2016 through Ordinance
#2016-16. The proposed ordinance also brings the updates into compliance with
provisions of the Delaware Code related to manufactured housing and rental housing,
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CITY COUNCIL MEETING OF FEBRUARY 26, 2018 PAGE 16
particularly Title 25, Chapters 53, 55, 70, and 71. The updates affected include
requirements for placing and licensing manufactured homes, standards for
management and maintenance of land lease communities, taxation, and code
enforcement. A distinction is also made between manufactured homes and
permanently placed manufactured homes in the Zoning Ordinance.
Mrs. Dawn Melson-Williams, Principal Planner, reviewed Proposed Ordinance
#2018-01.
The Committee recommended adoption of Proposed Ordinance #2018-01.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Hare and carried by a unanimous roll call vote. (The First Reading of the
ordinance will take place during the latter part of the meeting).
Review of Training, Conference, and Travel Policy
Ms. Lori Peddicord, Controller/Treasurer, reviewed recommended amendments to
the Training, Conference, and Travel Policy.
Staff recommended approval of the proposed amendments.
The Committee recommended acceptance of staff’s recommendation.
By consent agenda, Mr. Neil moved for approval of the Training, Conference, and Travel
Policy, as amended (Exhibit #1), as recommended by the Committee. The motion was
seconded by Mr. Hare and carried by a unanimous roll call vote.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Hare and carried by a unanimous roll call vote.
2017 ANNUAL REPORT - DOVER HUMAN RELATIONS COMMISSION
By consent agenda, Mr. Neil moved for acceptance of the 2017 Annual Report of the Dover
Human Relations Commission. The motion was seconded by Mr. Hare and carried by a
unanimous roll call vote.
CITY COUNCIL REAPPOINTMENT - BOARD OF ASSESSMENT APPEALS (REAL
ESTATE BROKERAGE OF SALES) - TODD STONESIFER - FOUR-YEAR TERM
EXPIRING MARCH 2022
By consent agenda, Mr. Neil moved for approval of the reappointment of Mr. Stonesifer to
serve as the Real Estate Brokerage of Sales representative on the Board of Assessment Appeals
for a four-year term to expire March 2022. The motion was seconded by Mr. Hare and
carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF FEBRUARY 26, 2018 PAGE 17
APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
Mayor Christiansen recommended the following appointments:
C Historic District Commission - Mary Terry Mason (Resident) (to fill the expired term
of C. Terry Jackson II) - Term to Expire July 2020
C St. Jones Greenway Commission - Margery Cyr (Ex-Officio)
By consent agenda, Mr. Neil moved for approval of the appointments, as recommended by
Mayor Christiansen. The motion was seconded by Mr. Hare and carried by a unanimous roll
call vote.
FIRST READING - PROPOSED ORDINANCE #2018-01
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 ordinance is an amendment to the Zoning Code, a public hearing is required. Staff
recommended referral of the amendments to the Planning Commission on March 19, 2018 and that
a public hearing be set for the Council Meeting of April 9, 2018 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
April 9, 2018 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 #2018-01 Amending Chapter 66 - Manufactured Homes, Mobile
Homes, and Land Lease Communities; Appendix B - Zoning, Article 3 - District
Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning,
Article 12 - Definitions; and Appendix F - Fees and Fines
(Legislative, Finance, and Administration Committee)
CITY MANAGER'S ANNOUNCEMENTS
Mrs. Donna Mitchell, City Manager, advised that she had provided the informational flyer
announcing Department of Public Works upcoming events (Exhibit #2) that would be distributed
with the March utility bills. She also advised that the repairs are continuing on pump station #7;
however, the flow is currently controlled through the bypass pumps and the Kent County flow
remains diverted. Mrs. Mitchell stated that they are maintaining environmental compliance and
reporting.
COUNCIL MEMBERS' ANNOUNCEMENTS
Council President Slavin announced that Councilman Polce would be celebrating his birthday on
March 10th and wished him a happy birthday.
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CITY COUNCIL MEETING OF FEBRUARY 26, 2018 PAGE 18
Mr. Cole stated that whenever he or Mr. Neil contact staff regarding constituent concerns, they
receive nothing but positive feedback and answers that they can relay to their constituents. He
thanked Mrs. Mitchell and asked her to relay his appreciation to the staff and department heads.
Mr. Neil announced that March 2nd was Read Across America Day and that he would be reading at
the library as part of the read-a-thon. He advised that he would be reading at 10:15 a.m. from the
book entitled It's a Very Simple Game! Life and Times of Charley Eckman. He encouraged other
Council members to participate as well.
Mr. Hare requested Mrs. Mitchell to give kudos to the Public Works Department for the excellent
job they have done in taking care of the pump station issues.
Mr. Anderson reminded the downtown residents, particularly from West Street through
Governors Avenue, that there would be a Neighborhood Watch Association meeting the following
evening at 6:30 p.m. at the Solid Rock Community Center, 109 North Kirkwood Street. He
encouraged everyone to drop by.
Mr. Neil moved for adjournment, seconded by Mr. Lewis and unanimously carried.
Meeting adjourned at 8:02 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of February 26, 2018, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2018\02-26-2017 Council Minutes and Exhibits 1-2.wpd
Exhibits
Exhibit #1 - Revised Training, Conference, and Travel Policy
Exhibit #2 - Informational Flyer Announcing Department of Public Works Upcoming Events
Página 19
EXHIBIT #1
Regular Council Meeting of 02/26/2018
CITY OF DOVER
TRAINING, CONFERENCE & TRAVEL POLICY
A. INTRODUCTION
1. Purpose
The purpose of this policy is to provide guidelines under which City of Dover employees, public officials, and
appointees will be reimbursed for authorized travel expenses incurred in the conduct of business for the City of
Dover, hereinafter referred to as “City.” In addition to the guidelines, specific procedures with regard to incurring
and reporting related expenses are provided.
2. Scope
This policy shall apply to employees of the City of Dover, elected officials, boards, commissions and others, who
are engaged in authorized travel and who expend City funds for travel purposes. The Mayor and Members of
City Council are not required to submit a Travel Authorization and Completion Form, but are required to follow
the financial and budget requirements of this policy.
While this policy does not cover every possible situation, it establishes adequate guidelines for employees and
officials to make appropriate and consistent judgments regarding the expenditure of City funds for reimbursable
expenses. The City of Dover will provide flexibility to meet the special needs and requirements of their
employees during travel.
It remains the responsibility of city management to control and approve travel-related expenditures. The City
Manager and Controller/Treasurer may impose more stringent rules when deemed appropriate or necessary.
The City Manager and Controller/Treasurer will review every three years the implementation of this Policy and
will provide policy interpretations and assistance to ensure effective and efficient implementation. Any
exceptions will be subject to approval by the City Manager and Controller/Treasurer. The City Manager and
Controller/Treasurer may also, on a case-by case basis, approve reimbursements exceeding the guideline amounts
referenced in this policy. In any such instance, a detailed explanation and substantiation (a receipt) is required.
Enforcement of this policy will be the responsibility of the Controller/Treasurer.
3. Responsibility
a. Employee, Public Official, or Appointee
· Traveler should be made aware of and comply with all provisions of this policy.
· Obtain the necessary approvals in advance for overnight travel and out-of-state use of City
vehicles. Provide a copy of the approval with the travel prepayment made by direct voucher.
· All expenses incurred in the course of City business are to be in accordance with the City’s
Administrative Policies and Rules of Ethics and must be paid solely from appropriated funds.
· Comply with the ten (10) working-day rule.
b. Department Director/City Manager/Council Designee
· Ensure compliance with this policy.
· Review and approve each of their employee’s/official’s travel approval requests and
reimbursable expenses.
· Ensure sufficient funds are available for all anticipated expenses.
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c. Signatures on the Travel Expense Report (City of Dover Form 030 Exhibit B) certify that the expenses
were incurred by the employee/official requesting reimbursement for official City business, are
reimbursable in accordance with this policy, and have not been reimbursed except as indicated on this
form.
Required signatures for expenses are:
· Employee
· Supervisor
· Department Director or Council Designee
B. TRAINING AND CONFERENCE REGISTRATION FEES
1. Request for payment of registration fees shall be accompanied by the registration form.
2. City Council, Planning Commission and the Mayor are offered opportunities to attend courses designed for
governmental officials. Any member of Council wanting to take advantage of these courses offered by the
following organizations will submit to the City Clerk’s office their request for registration.
- Delaware League of Local Governments
- National League of Cities
- US Conference of Mayors
- International City Managers Association
- Government Finance Officers Association (GFOA)
- American Public Power Association (APPA)
- American Public Works Association (APWA)
- American Planning Association
- Organizations that provide Continuing Education credits for professional license
renewals of applicable staff.
Any courses not offered by these organizations will be submitted to the City Manager and
Controller/Treasurer for concurrence.
C. TRAVEL AUTHORIZATION
All out-of-state travel that extends beyond one day shall be approved by the City Manager. All requests shall be
made on the "Travel Authorization Form” (City of Dover - Form 047 Exhibit A). A copy of the conference or
meeting program must be attached to the form. The authorization form must be submitted to the City Manager
in a reasonable amount of time prior to the traveling day.
The Department Director or City Manager may impose specific requirements as to the time the authorization form
must be submitted prior to travel. Employees and Officials traveling on official City business should be aware
that the approval is for travel only, and is not a blanket approval of the expenses incurred.
A travel packet including the authorization form, the meeting program/itinerary, and the purchase orders for
advanced costs must be submitted to the Accounts Payable Department. The Purchase Orders for the advanced
costs should include the necessary supporting documentation. It does not require the submission of duplicate
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information. Please note Purchase Orders for registration costs must include the Registration form unless
previously submitted; submission for hotel and airfare costs must include documentation of the individual costs
unless previously submitted. Cancellation and changes to travel should be done in a timely manner to avoid loss
of City money. If travel cannot be refunded back to City, an explanation is required.
D. TRANSPORTATION: COMMON CARRIER
1. General
All trips requiring the use of common carrier must be pre-approved by the appropriate approval authority.
The mode of travel must be justified on the basis of the most economical use of time of the personnel involved,
the cost of optional travel modes, and the requirements of the trip.
All common carrier reservations must be consistent with reasonable business travel planning, common carrier
will be booked at the lowest available fare. If the lowest available fare is turned down by the traveler, the traveler's
explanation for the denial is to be provided with the travel authorization request.
Travelers should be advised to make travel reservations as far in advance as possible to attain the lowest fares,
including non-refundable tickets. Travelers may not specify particular airlines or other carriers to accumulate
mileage on promotional plans such as frequent flyer programs.
In order to take advantage of special discount rates (supersaver fares, etc.), reimbursement to an employee may
be made prior to a trip being taken under the following conditions:
a. Documentation of the substantial savings that will accrue to the City (e.g., supersaver discounts).
b. Employee's proof of payment on a statement from the airline, other than credit card receipts.
Most airlines will not give refunds or partial refunds for supersaver airfares.
It is encouraged to examine the advantage of fares requiring early trip departure or delayed return. However, it
is important to consider the additional cost of meals and lodging for the required extra day(s) stay when comparing
cost.
2. Air Travel
a. Accommodations - When commercial airlines are used as a mode of travel, accommodations shall
be coach/economy class unless some other class accommodations are more economical.
b. Routing of Travel - All travel will be by the most economical and direct routes.
In the event that a person travels by an indirect route for personal convenience, the extra expense
shall be the responsibility of the individual. Reimbursement for expenses shall be based only on
the cost of the most economical and direct route.
c. Conference Airfare Arrangements
When attending a conference, always check conference materials to see if special airline discounts
are offered. When a special airline discount rate is offered and conferees are instructed to go
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directly to an airline to obtain the discount fare, the employee should compare the conference rates
through the internet with all other airline rates available before scheduling airline reservations. The
employee should always book the lowest fare possible. (See Section F.3. for Conference Lodging
Arrangements).
*City will not pay for, nor reimburse priority boarding, preferred seating, or overweight baggage
for personal preference. Detailed explanation and receipt is required. *
3. Rail Travel
a. Accommodations – When it has been determined that rail travel is the most appropriate mode of
transportation, the most economical class accommodations shall be utilized.
E. TRANSPORTATION: PASSENGER VEHICLES
1. City-Owned Vehicles
City-owned vehicles should be utilized for both in-state and out-of-state travel when such use is the most practical
and economical mode of transportation, including the cost of tolls, fuel and parking.
2. Use of Privately-Owned Vehicles
a. The use of privately owned vehicles for any City travel (both in state and out-of-state) should only
be used when a City Vehicle is not available. The use of a privately owned vehicle for City travel
shall require the prior approval of the City Manager and Department Director. Reimbursement of
private vehicle expenses shall be at the Council approved rate as indicated on Exhibit B for actual
and necessary miles traveled. Beginning and ending odometer readings are required for the
reimbursement for mileage.
b. In considering approval for use of personal vehicles, the approval authority shall take into
consideration the cost of alternative modes of travel and the cost of meals and lodging for the
additional travel/transit days. Mileage reimbursements shall not exceed the cost of airfare plus travel
to/from the airport.
c. When two or more employees travel in a privately owned vehicle, only one mileage reimbursement
will be allowed at times when one vehicle is sufficient to carry all passengers.
3. Rental Cars
a. General
The use of a rental car when traveling out of state must be justified as an economical need and not as
a matter of personal convenience. Prior approval by the Department Director and City Manager is
required before arranging for car rental. All rentals should be at the most economical rate per day
including government rates or special rate agreements. When traveling in groups, sharing of cars,
when practical, must be done to minimize costs. The city will not pay for the use of a rental car to
accommodate family members or non-business associates traveling with the employee, public
official, or appointee.
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b. Vehicle Size
Whenever possible, compact cars shall be rented or reserved. However, if a larger size vehicle is
more economical or more than two city travelers are traveling together the larger vehicle may be
appropriate. Any representative of the City requesting an upgrade of the size of a rented vehicle
shall provide a written explanation of their reasons to the City Manager. A receipt is always
required.
c. Insurance
(1) The optional insurance coverage offered by the car rental agency must be declined when
the traveler charges the rental car. The traveler will automatically receive primary
coverage under the City blanket insurance policy for travel. When insurance is declined,
the policy covers collision damage, theft, fire and vandalism. Reimbursements for
additional or optional insurance coverage will not be allowed.
(2) Other. Travelers not covered under the blanket insurance policy may be covered by their
personal automobile insurance policy or other personal credit cards. Travelers should
check their automobile policy and credit card policy for business travel coverage and accept
or decline additional coverage accordingly. Reimbursement for additional or optional
insurance coverage will not be allowed.
d. Refueling Before Return
To avoid a refueling surcharge, all rental cars shall be refueled before returning the vehicle to the
rental company. Any surcharges billed to the employee, public official, appointee, or City shall be
explained in the reimbursement request.
e. Reservations
Approved car rental reservations shall be made in advance whenever possible. The employee
should compare car rental rates and always look to reserve the lowest rental.
F. PER DIEM EXPENSES
The City uses per diem expenses as set by the U.S. General Services Administration (GSA) for official travel
within the United States. M&IE Rates can be found at: http://www.gsa.gov/perdiem or Public
Docs\Policies & Procedures\Travel\FY2017_PerDiemRates.xls
G. LODGING
1. General
City travelers are expected to seek accommodations that are comfortable, convenient, meet business and personal
needs and offer good value. Employees are expected to compare local lodging rates in the area prior to reserving
lodging.
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2. Accommodation
a. Lodging accommodations for reasonably priced single occupancy rooms are reimbursable when the
traveler is away from home overnight due to official travel.
b. Accommodations shared with family members or others not on official City business are
reimbursable at the single occupancy rate only.
c. Accommodations shared with other City travelers should be billed and reimbursed to one traveler.
When required, reimbursements to more than one traveler shall be based on a pro rata share as
reported on each reimbursement request.
3. Conference Lodging Arrangements
When hotel rooms are blocked for a conference, seminar, etc., and a special discounted conference hotel rate
provided, the employee/official should compare conference rates with the rates for other local hotels within a
three (3) block radius of the conference. The employee is urged to reserve hotel accommodations that offer the
best value to the City. This includes conference rate, government rate or lower rate, for the employee/official. If
a lower rate is not available, the conferees should make their lodging arrangements directly utilizing the
conference instructions. Conference lodging will be considered to accommodate persons with special
circumstances.
4. Occupancy Tax
The City is exempt from the tax on occupancy of hotel, motel and tourist home rooms within Delaware only.
When instate overnight accommodations are necessary, the employee should be provided with a copy of the
Occupancy Tax Exemption Certificate (see Exhibit C) to be presented to the lodging facility. Tax on occupancy
of hotels in other states must be paid.
H. MEAL ALLOWANCES
1. General
The City will pay for or reimburse an employee/official for the necessary and reasonable cost of meals and
incidental expenses incurred during out of state travel requiring overnight lodging.
Additional meal costs incurred over and above those provided as part of a conference, lodging, or airfare fee are
not reimbursable, unless justified as a special circumstance and approved by the City Manager and
Controller/Treasurer (e.g. special meeting or diet restrictions). Exceptions are to be pre-approved by the City
Manager and Controller/Treasurer.
There will not be any reimbursement for meals when the meals are provided as part of the conference/training or
by the host organization and when meals are provided as part of the hotel service and/or airfare.
If an employee is traveling partial days on any calendar day, the City will prorate the applicable M&IE rate at 75
percent. This applies to both day of departure and day of return. Partial travel days begin when an employee
leaves Dover after 12:00 noon on the day of departure and returns to Dover by 5:00 PM on the day of arrival.
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When meals are provided at the conference or by the host, the meal allowance will be reduced by 25% for each
meal provided. Continental Breakfast provided by the hotel or at the conference is counted as a meal, unless
justified as a special circumstance and approved by the City Manager and Controller/Treasurer (e.g. special
meeting or diet restrictions).
2. Day Trips, In-state Travel and Before or After Hours
The meal allowance for day trips out of the City will be reimbursed at actual cost, as long as it does not exceed
25% of the normal per diem per the M&IE Allowance. The meal allowance for working before or after hours as
a general rule are not encouraged, but may be approved by the City Manager and/or Controller/Treasurer on a
case-by-case basis. At no time can the amount exceed the allowances established.
I. CASH ADVANCES
General/Blanket travel advance checks will not be issued to employees, public officials, or appointees.
Employees, public officials, and appointees will be reimbursed for specific travel related expenses after the trip
or event has been completed.
The City will pay specific travel and lodging costs in advance as long as the request deadlines are met. Employees,
public officials, and appointees shall use a City purchase order when requesting travel cost advances. Department
Directors should use their City credit card for business travel. Directors may approve the use of their departmental
travel credit card when arranging employee travel. Under urgent situations and with prior approval, employees
and officials can also use a personal credit card and request reimbursement when they return.
The City will pay in advance the following costs:
Please note: A travel packet including the Travel authorization form, the meeting program/itinerary, and a
purchase order for the advanced costs listed below must be submitted to the Accounts Payable Department no
later than 12 days prior to the event.
a) Conference/Training registration fees. Such payment will be made payable and mailed directly to
the organization. This will be done through a purchase order submitted by the department upon
receipt of the approved Travel Authorization Form. A copy of the registration form describing the
specific event must be attached to the purchase order. The Employee Travel packet must be submitted
to Accounts Payable prior to/or along with the purchase order request for advance travel expenses.
b) Airfare. Airfare is normally reserved on-line through the internet and paid with a City credit card after
travel approval has been received. (See City Credit Card Policy)
c) Lodging. Upon receipt of the approved Travel Authorization Form, the department may submit a
purchase order for lodging. The check will be made payable to the hotel and will be given to the
person for whom the lodging arrangements are made. The department must provide supporting
documentation including the daily lodging rates and applicable taxes along with the purchase order.
Lodging reservations can be held with the use of a City Credit Card. (See City Credit Card Policy)
d) Meal allowance. An advance for the M&IE Allowance, which includes meals, tax and tips expenses, will
be permitted for meals not provided by the conference, lodging or airfare as indicated in Section H (1)
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above. Only per diem rates as prescribed by the Federal Government for official travel will be provided
for M&IE Allowance. M&IE Rates can be found at: http://www.gsa.gov/perdiem or Public Docs\Policies
& Procedures\Travel\FY2017_PerDiemRates.xls
J. TRAVEL EXPENSE REIMBURSEMENT
1. General
Travel Expense Report (City of Dover Form 30) is due to Accounts Payable within ten (10) working days
after travel or an expense is incurred (Ten working-day rule).
a. Timely reimbursement can be assured only if an accurate, properly substantiated Travel Expense
Report is received to Accounts Payable ten (10) working days after completion of the trip.
b. Failure to submit timely Travel Expense Reports after the completion of a trip will result in
administrative action, such as notification to the Department Director and denial of future travel
requests.
Travel Expense Reports for local travel and related expenses are to be submitted monthly. In no case shall a
reimbursement be made to an employee for travel/conference/training related expenses incurred in excess
of 30 days. Explanation is required if over 30 days and approved by Controller/City Manager.
Note: This section pertains to only those travel expenses paid by the traveler; not to travel expenses directly billed
to/paid by the City.
2. Receipt Requirements and Other Reimbursement Criteria
a. Tickets booked on common carriers (airline, rail or bus) require original copy of the paid invoice
or email confirmation containing total travel costs for arrangements booked on-line.
b. Hotel/motel bills shall be the original copy of hotel/motel billing marked paid.
c. Ground transportation, including airport shuttle, taxi or public transit requires a receipt.
d. Car rental reimbursements require paid invoice from the rental company.
e. All meals do not require receipts and are not reimbursable above the maximum daily/partial day
per meal allowance. Tax and tips are included in the M&IE Allowance and will not be
reimbursed separately. When more than one City employee, public official, or appointee’s meals
are being reimbursed, each employee must submit a separate Travel Expense Reimbursement for
their allowance.
f. Hotel/motel related expenses should be documented identifying the date and the cost for each
category with the following requirements:
(1) Out-of-pocket costs for incidental items such as tips, baggage handling and maid service are not
individually reimbursable by the City of Dover. Costs included under this category are included
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in the M&IE per diem rate. Only per diem rates as prescribed by the Federal Government for
official travel will be provided for M&IE allowance.
(2) City-business related telephone calls are reimbursable as incurred and require a receipt from the
telephone service provider or included on the hotel/motel billing invoice.
g. Lodging at campgrounds using traveler’s camper or recreational vehicle is reimbursable at the
actual cost, not to exceed the equivalent cost of hotel/motel lodging. Receipt is required.
h. Other Reimbursement Categories
Reimbursement for the following categories should be submitted on a schedule identifying the date,
the cost and the category. All supporting receipts must be attached:
1) The City will reimburse employees for hotel and airport self-parking. The City encourages all
employees to seek ‘economy and budget parking’.
2) The City will not reimburse employees for Valet parking, unless prior approval has been granted
by the City Manager and Controller.
3) The City will reimburse employees the cost of tolls for interstates, turnpike, bridges and/or
ferries. All travel expenses require a receipt.
4) The City will reimburse employees for necessary airport baggage fee. A receipt is required.
i. Gasoline and/or Other Supplies require a receipt.
Need for emergency repairs incidental to using a City-owned vehicle shall require a Vendor receipt.
j. Department Director pre-approval is required to receive reimbursement for Internet Access Costs
for city business. These costs must be substantiated with receipts.
k. While traveling overnight out-of-state, the City will reimburse employees for the cost of up to two
(2) personal telephone calls not to exceed $8 per trip. A receipt is required for reimbursement.
l. Reimbursements for travel expenses incurred without required receipts, as outlined, is strictly
prohibited. A "no receipt - no reimbursement" policy applies
3. Non- Reimbursable Expenses
The City shall not reimburse expenses for the following:
a. Alcoholic beverages.
b. In-room movies or pay television.
c. Theater tickets or nightclub entertainment.
d. Laundry.
e. Babysitting.
f. Related expenses of spouse, children and other persons accompanying the authorized
employee or official.
g. Pleasure, historic or other tour related expenses. Expenses for business related tours would
be reimbursed.
h. Donations and gifts made while at training, conference, or meeting.
i. Loss or damage of personal items.
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j. Meals for other conference attendees.
k. Purchase of personal items.
l. Any parking or moving violation fines.
m. Any personal or pleasure travel while on City business.
K. CHARTER AND CODE OF CONDUCT
All City of Dover policies are subject to the City of Dover Charter Part 1, Subpart A, Article II, Section 12
“Compensation and expenses - Mayor and Council and other elected or appointed officials”, whereas, “Members
of the council, mayor and other elected or appointed officials shall receive reimbursement for actual and necessary
expenses incurred when on official business as prescribed by city ordinance or policy” and; Part
II Code of Ordinances Chapter 2, Article 1, Division 4 “Code of Conduct”, which is “applicable to all elected and
appointed officials and to all employees of the City of Dover.”
L. INTERNAL REVENUE CODE - DEFINITION OF PUBLIC OFFICIAL
Generally, if there is any provision in a public law which authorizes the employment of the individual, and the
individual is hired or elected under this authority, the individual is considered an employee of the State or political
subdivision to which the provision applies.
The following factors indicate that an office is a “public office.”
The office was created by the constitution or through legislation, or by a municipality or other body
with authority conferred by the legislature.
The office was delegated a portion of the powers of the government body.
The powers conferred and the duties to be discharged are defined either directly or indirectly law or
through legislative authority.
The duties are being performed independently and without control of a superior power other than the
law.
The office has some permanency and continuity, and the officer takes an official oath.
Examples of public officers are: the president and vice president, a governor or mayor, the secretary of
state, a member of a legislative body, such as a state legislature, county commission, city council, school
board, a judge, a justice of the peace, and members of advisory boards and committees.
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M. REVIEW & REVISION
The City of Dover Travel Policy will be reviewed every three years by the City Manager, Controller/Treasurer
and City Clerk to provide recommended changes to City Council for approval.
EXHIBITS
Exhibit A - COD Travel Authorization Form (Form 47)
Exhibit B - COD Travel Expense Report Form (Form 30)
Exhibit C - COD Exemption Certificate Form 99A
REVISION RECORD
Revised: November 24, 2003
Revised: February 9, 2004
Revised: July 24, 2006
Revised: March 23, 2009
Revised: January 23, 2012
Revised: February 23, 2015
Revised: February 26, 2018
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EXHIBIT A
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EXHIBIT B
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EXHIBIT C
CITY OF DOVER
DEPARTMENT OF FINANCE
EXEMPTION CERTIFICATE
TAX ON OCCUPANCY OF HOTEL AND MOTEL AND TOUR IST HOME ROOMS
In accordance with Internal Revenue Code Section 5253(I), no tax shall be imposed under section
4251 upon any payment received for services or facilities furnished to the government of any State,
or any political subdivision thereof, or the District of Columbia.
This Part to be Completed by the Operator
Name of Hotel, Motel, or Tourist Home Fed. EI or SS number
Address City State Zip Code
This Part to be Completed by the Occupant
This is to certify that I, the undersigned, am a representative of the City of Dover, Delaware; that the
charges for the occupancy at the above establishment on the dates set forth below has been or will
be paid for by the City of Dover, a government unit; and that such charges are incurred in the
performance of my official duties as a representative or employee of the governmental unit.
Name (Please type or print) Signature
City of Dover 51-6000092
Governmental Unit Tax I.D. # Title
P.O. Box 475 Dover DE 19903-0475
Address City State Zip Code
Date(s) of Occupancy
If additional information is needed, please contact the City of Dover Finance Director at (302) 736-
7018.
NOTE: A separate Exemption Certificate is required for each occupancy and for each representative
or employee.
THIS EXEMPTION CERTIFICATE IS TO BE RETAINED BY THE OPERATORS OF
HOTELS, MOTELS, AND TOURIST HOMES AS EVIDENCE OF EXEMPT OCCUPANCY.
\\Dover_1\finance\FORMS\DOCUMENTS\FORM99 A.wpd
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EXHIBIT #2
Regular Council Meeting of 02/26/2018