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REGULAR COUNCIL MEETING
AGENDA
APRIL 11, 2016 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER, DELAWARE
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)
THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC
TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF
ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN
FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN
COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION
SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR
AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE.
INVOCATION BY REVEREND THEODORE HENDERSON
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HARE
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON-
CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) AND WILL BE ACTED UPON BY A SINGLE
ROLL CALL VOTE OF THE COUNCIL. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS A MEMBER OF COUNCIL SO REQUESTS, IN WHICH EVENT THE MATTER SHALL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE ITEM.
* 1. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 28, 2016
2. PRESENTATION - AMERICAN PUBLIC POWER ASSOCIATION (APPA) CERTIFICATE OF
EXCELLENCE IN RELIABILITY
3. PRESENTATION - VISION 2040 - DOVER/KENT COUNTY MPO METROPOLITAN
TRANSPORTATION PLAN 2017-2040 (KATE LAYTON)
4. PROCLAMATION - ARBOR DAY
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COUNCIL AGENDA - APRIL 11, 2016 PAGE 2
5. ANNEXATION OF PROPERTY LOCATED AT 1102 SOUTH STATE STREET, OWNED BY CAPITOL
CLEANERS AND LAUNDERERS, INC.
A. PUBLIC HEARING - ZONING CLASSIFICATION
PROPERTY LOCATED AT 1102 SOUTH STATE STREET, CONSISTING OF 6,331+/- S.F.,
OWNED BY CAPITOL CLEANERS AND LAUNDERERS, INC. THIS PROPERTY IS CURRENTLY
ZONED BG (GENERAL BUSINESS DISTRICT)(KENT COUNTY ZONING CLASSIFICATION)
AND THE PROPOSED ZONING IS C-2A (LIMITED CENTRAL COMMERCIAL)(CITY OF
DOVER ZONING CLASSIFICATION)
(TAX PARCEL: ED-00-086.05-01-46.02-000; PLANNING REFERENCE: AX-16-01)
B. ADOPTION OF ANNEXATION RESOLUTION NO. 2016-01
C. FINAL READING/ADOPTION OF REZONING ORDINANCE #2016-08
THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE
COUNCIL MEETING OF FEBRUARY 8, 2016. THE ORDINANCE IS AVAILABLE AT THE
ENTRANCE OF THE COUNCIL CHAMBERS AND ON THE CITY'S WEBSITE AT
WWW.CITYOFDOVER.COM UNDER "GOVERNMENT."
(1) AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
LOCATED AT 1102 SOUTH STATE STREET
6. PUBLIC HEARING/FINAL READING OF STAFF SUBSTITUTE (SS#1) FOR PROPOSED ORDINANCE
#2016-01 WITH STAFF AMENDMENT #1 (SA#1)
THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE COUNCIL
MEETING OF FEBRUARY 22, 2016. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE
COUNCIL CHAMBERS AND ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER
"GOVERNMENT."
A. STAFF SUBSTITUTE (SS#1) FOR PROPOSED ORDINANCE #2016-01 WITH STAFF
AMENDMENT #1 (SA#1) AMENDING APPENDIX B - ZONING, ARTICLE 3 - DISTRICT
REGULATIONS, SECTION 1 - ONE-FAMILY RESIDENCE ZONES [(R-20, R-15, R-10, R-8
AND R-7)], SUBSECTION 1.1 - USES PERMITTED, SUBSECTION 1.15 - ACCESSORY USES,
LIMITED TO THE FOLLOWING
* 7. COUNCIL COMMITTEE OF THE WHOLE REPORT - MARCH 29, 2016
A. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
(1) REVENUE POLICY FOR EXTRA DUTY/VOLUNTARY OVERTIME - ANNUAL REVIEW
OF HOURLY RATES
(COMMITTEE RECOMMENDED APPROVAL OF THE PROPOSED EXTRA DUTY RATES)
(2) REVIEW OF HOSPITALITY AND CIVIC FUNCTION POLICY
(COMMITTEE RECOMMENDED THAT THE HOSPITALITY AND CIVIC FUNCTION
POLICY BE AMENDED TO STATE THAT IF A MEMBER GOES TO AN EVENT,
DEPENDING ON THE SIZE OF THE EVENT, THEY WILL COME BACK AND PROVIDE AN
UPDATE TO COUNCIL REGARDING THE BENEFITS RECEIVED FROM THE EVENT; IF
A MEMBER GOES TO A NATIONAL LEAGUE OF CITIES (NLC) EVENT, THEY WOULD
PROVIDE COUNCIL WITH A MORE EXTENSIVE REPORT OF WHAT THEY LEARNED;
AND IF A MEMBER SIGNS UP TO GO TO AN EVENT AND THE CITY PAYS FOR IT BUT
THE MEMBER FAILS TO ATTEND, THE MEMBER WILL HAVE TO REIMBURSE THE
CITY)
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COUNCIL AGENDA - APRIL 11, 2016 PAGE 3
* 7. COUNCIL COMMITTEE OF THE WHOLE REPORT - MARCH 29, 2016 (CONTINUED)
A. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE (CONTINUED)
(3) PROPOSED ORDINANCE #2016-10 AMENDING CHAPTER 2 - ADMINISTRATION,
ARTICLE IV - OFFICERS AND EMPLOYEES, DIVISION 8 - DEFERRED
COMPENSATION PLAN (SPONSORS: COLE AND KOENIG)
(COMMITTEE DEFERRED THIS MATTER FOR FURTHER DISCUSSION)
(4) SOUTH BRADFORD STREET STREETSCAPE ENHANCEMENTS (DIVISION STREET TO
LOOCKERMAN STREET) - TRANSPORTATION ENHANCEMENT PROGRAM
AGREEMENT
(COMMITTEE RECOMMENDED AUTHORIZATION TO EXECUTE THE AGREEMENT TO
INITIATE THE DESIGN FOR THE STREETSCAPE IMPROVEMENT PROJECT)
B. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
(1) PROPOSED ORDINANCE #2016-09 AMENDING CHAPTER 98 - STREETS, SIDEWALKS,
STORM SEWERS AND OTHER PUBLIC PLACES, ARTICLE I. - IN GENERAL, SECTION
98-10 - SPEED REDUCTION DEVICES; APPENDIX A - SUBDIVISIONS, ARTICLE VI -
SUBDIVISION - GENERAL REQUIREMENTS AND DESIGN STANDARDS, SECTION A
- STREETS, PARAGRAPH 1; AND APPENDIX B - ZONING, ARTICLE 10 - PLANNING
COMMISSION, SECTION 2 - SITE DEVELOPMENT PLAN APPROVAL, 2.54 -
PROPOSED DEVELOPMENT (SPONSORS: HOSFELT AND COLE) (SEE ITEM #10)
(COMMITTEE RECOMMENDED AMENDING LINE 27 BY STRIKING THE WORDS "FIRE
LANE" AND ADOPTION OF THE ORDINANCE, AS AMENDED)
(2) DISCUSSION - ASSIGNMENT OF DEDICATED POLICE ATHLETIC LEAGUE (PAL)
OFFICER (COMMITTEE ACTION NOT REQUIRED)
(3) REQUEST FOR LEFT-HAND TURN SIGNALS - QUEEN/WATER STREET AND
STATE/WATER STREET INTERSECTIONS
(COMMITTEE RECOMMENDED AUTHORIZING THE CHANGES TO THE TRAFFIC
SIGNAL PHASING AND ALLOWING DELDOT TO PROGRAM AND IMPLEMENT THE
CHANGES AS SOON AS FUNDING PERMITS)
(4) SAFETY CONCERNS (SUDLER)
(COMMITTEE ACTION NOT REQUIRED ON THE BELOW ITEMS)
(A) THE ELKS LODGE - 217 NORTH KIRKWOOD STREET
(B) HAMLET SHOPPING PLAZA
(5) SHOTSPOTTER GUNSHOT DETECTION AND LOCATION SERVICE (ANDERSON)
(COMMITTEE RECOMMENDED THAT THE MATTER OF THE VIABILITY OF THE
SHOTSPOTTER GUNSHOT DETECTION AND LOCATION SERVICE BE REFERRED TO
STAFF FOR REVIEW AND THAT IT BE DISCUSSED DURING THE NEXT SAFETY
ADVISORY AND TRANSPORTATION COMMITTEE MEETING)
C. UTILITY COMMITTEE
(1) ANNEXATION REQUESTS
(A) 1411 AND 1417 SOUTH GOVERNORS AVENUE, OWNED BY HEARTLAND
DELAWARE, INC.
(COMMITTEE RECOMMENDED PROCEEDING WITH ANNEXATION OF THE
PROPERTIES)
(B) PROPERTY LOCATED ADJACENT TO STATE ROUTE 1 AND SURROUNDING THE
INTERSECTION OF LEIPSIC ROAD AND PERSIMMON TREE LANE INCLUDING
THREE (3) UNADDRESSED LOTS OF A SINGLE PARCEL (LOTS 8, 9, AND 10A)
AND PROPERTY LOCATED AT 1229 PERSIMMON TREE LANE (LOT 18), OWNED
BY DOVER INTERNATIONAL SPEEDWAY, INC.
(COMMITTEE RECOMMENDED PROCEEDING WITH ANNEXATION OF THE
PROPERTIES)
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COUNCIL AGENDA - APRIL 11, 2016 PAGE 4
* 8. MONTHLY REPORTS - FEBRUARY 2016
A. CITY ASSESSOR’S REPORT C. CONTROLLER/TREASURER’S BUDGET REPORT
B. CITY MANAGER’S REPORT D. ECONOMIC DEVELOPMENT OFFICE REPORT
E. POLICE CHIEF’S REPORT
* 9. APPOINTMENT OF INTERIM FIRE MARSHAL - ANN MARIE TOWNSHEND
10. FIRST READING - PROPOSED ORDINANCE #2016-09 WITH COUNCIL COMMITTEE OF THE
WHOLE/SAFETY ADVISORY AND TRANSPORTATION COMMITTEE AMENDMENT #1
(CCW/SA&T #1)
THE FIRST READING IS OFFERED ON THE PROPOSED ORDINANCE. AMENDMENTS TO APPENDIX B
- ZONING REQUIRE A PUBLIC HEARING. IT IS RECOMMENDED FOR REFERRAL TO THE PLANNING
COMMISSION ON MAY 16, 2016, AND THAT A PUBLIC HEARING BE SET FOR JUNE 13, 2016 AT
7:30 P.M., AT WHICH TIME THE FINAL READING AND COUNCIL ACTION WILL TAKE PLACE. THE
ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S
WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY
CLERK'S OFFICE AT 736-7008 OR CITYCLERK@DOVER.DE.US.
A. PROPOSED ORDINANCE #2016-09 WITH CCW/SA&T #1 AMENDING CHAPTER 98 -
STREETS, SIDEWALKS, STORM SEWERS AND OTHER PUBLIC PLACES, ARTICLE I. - IN
GENERAL, SECTION 98-10 - SPEED REDUCTION DEVICES; APPENDIX A - SUBDIVISIONS,
ARTICLE VI - SUBDIVISION - GENERAL REQUIREMENTS AND DESIGN STANDARDS,
SECTION A - STREETS, PARAGRAPH 1; AND APPENDIX B - ZONING, ARTICLE 10 -
PLANNING COMMISSION, SECTION 2 - SITE DEVELOPMENT PLAN APPROVAL, 2.54 -
PROPOSED DEVELOPMENT (SAFETY ADVISORY AND TRANSPORTATION COMMITTEE)
11. CITY MANAGER’S ANNOUNCEMENTS
12. COUNCIL MEMBERS’ ANNOUNCEMENTS
13. ADJOURNMENT
EXECUTIVE SESSION PURSUANT TO:
29 DEL. C. §10004(B)(2) - PRELIMINARY DISCUSSIONS ON SITE ACQUISITIONS FOR ANY PUBLICLY FUNDED
CAPITAL IMPROVEMENTS, OR SALES OR LEASES OF REAL PROPERTY;
29 DEL. C. §10004(B)(4) - STRATEGY SESSIONS, INCLUDING THOSE INVOLVING LEGAL ADVICE OR OPINION
FROM AN ATTORNEY-AT-LAW, WITH RESPECT TO COLLECTIVE BARGAINING OR PENDING OR POTENTIAL
LITIGATION, BUT ONLY WHEN AN OPEN MEETING WOULD HAVE AN ADVERSE EFFECT ON THE BARGAINING
OR LITIGATION POSITION OF THE PUBLIC BODY;
29 DEL. C. §10004(B)(6) - DISCUSSION OF THE CONTENT OF DOCUMENTS, EXCLUDED FROM THE
DEFINITION OF "PUBLIC RECORD" IN §10002 OF THIS TITLE WHERE SUCH DISCUSSION MAY DISCLOSE THE
CONTENTS OF SUCH DOCUMENTS;
29 DEL. C. §10004(B)(9) - PERSONNEL MATTERS IN WHICH THE NAMES, COMPETENCY AND ABILITIES OF
INDIVIDUAL EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT SUCH A MEETING BE
OPEN
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-AGENDAS\2016\04-11-2016.WPD
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2),
THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING
EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.
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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on March 28, 2016 at 7:30 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Hosfelt, Mr. Hare, and Mr. Hutchison. Mr. Cole was absent.
Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mr. Koenig,
Mrs. Townshend, Fire Chief Carey, Deputy City Solicitor Pepper, and Mrs. McDowell.
Mayor Christiansen was absent.
OPEN FORUM
The Open Forum was held at 7:15 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. Brad Schmidt, 375 Alder Road, stated that he and his wife were there to discuss issues they were
having with the basketball court in Mayfair Park. He advised that they have lived on Alder Road
for the last thirteen years and have had to endure a lack of policing and safety concerns with the park
every day, 365 days a year, 24 hours a day. Mr. Schmidt stated that they have first-hand knowledge
of incidents occurring in the park and at the basketball court. They have seen drug deals and
individuals driving their cars through the neighborhood in a very reckless manner. Mr. Schmidt
stated that the people utilizing the park and the basketball court are not from the neighborhood and
noted that they may be from the surrounding apartments on Webbs Lane and New Burton Road. He
advised that the park users have no regard for the residents of the neighborhood. Mr. Schmidt stated
that they have had fireworks going off in the park and falling into their yard, over their privacy fence.
Mr. Schmidt advised that they are concerned for their family’s safety, their property, and the safety
of the elderly residents who live in the neighborhood. He requested City Council members to
consider removing the basketball court, and even consider removing the park because it serves no
purpose to the residents of the neighborhood.
Responding to Mr. Hare, Mr. Schmidt stated that there is a small brown sign at the park that says the
hours are dawn to dusk; however, there are people in the park at 2:00 or 3:00 a.m.
Mr. Patrick McPhail, 214 Grinding Wheel Drive, advised that he is a board member of Dover Little
League and he wanted to thank the City of Dover, including the Fire and Police Departments, for
everything it does for Dover Little League. He also advised that opening day is April 23, 2016 and
invited the Mayor and members of City Council to attend the ceremony.
The invocation was given by Chaplain Wallace Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Neil and unanimously
carried.
Mr. Sudler moved for approval of the Consent Agenda, seconded by Mr. Neil and carried by
a unanimous roll call vote (Mr. Cole absent).
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 2
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MARCH 14, 2016
The Minutes of the Special Council Meeting of March 14, 2016 were unanimously approved
by motion of Mr. Sudler, seconded by Mr. Neil and bore the written approval of Mayor
Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 14, 2016
The Minutes of the Regular Council Meeting of March 14, 2016 were unanimously approved
by motion of Mr. Sudler, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
PRESENTATIONS - AWARDS BY DOWNTOWN DOVER PARTNERSHIP -
ST. PATRICK'S DAY PARADE
Mr. Bill Neaton, Economic Development Director, along with Council President Slavin, presented
awards for the 21st Annual St. Patrick’s Day Parade, as follows:
Category and Recipient
Pot O’ Gold Award - Anything with Wheels (except car clubs) - Nur Shriners
Rainbow Award - Car Clubs Only - Southern Delaware Jeep Club
Blarney Award - Best Mascot - Wally the Work Zone Warrior (DelDOT)
The Green Machine Award - Best Float - Irish Society of Delmarva
Aran Award - Best Animal (Large) - Delmarva Chapter American Mustang & Burro Association
Aran Award - Best Animal (Small) - Greyhounds in Green
Harp Award - Best Musical Group (not a band) - Irish Dancers
Emerald Isle Award - Most Authentic Irish Theme - Irish Mike's
Leprechaun Award - Best Brigade/Marching Unit (not a band) - Dover Fire & Police Pipe Band
McNamara Award - Best High School Marching Band - Dover High School Senators Band
Shamrock Award - Best Adult Band - Delaware Tech Drumline
Mary Fitzpatrick Award - Best Overall - Dover High School Senators Band
Judge's Favorite - Citizens Hose Company
Mr. Neaton noted that there were approximately 60 participants in the parade and thousands of
people downtown to watch the parade.
PRESENTATION - 2015 ANNUAL REPORT - DOVER POLICE DEPARTMENT
Police Chief Paul Bernat reviewed a Power Point presentation (Exhibit #1) depicting highlights of
the 2015 Annual Report for the Dover Police Department.
Mr. Hosfelt moved to accept the report, seconded by Mr. Anderson and unanimously carried.
PRESENTATION - 2015 ANNUAL REPORT - PLANNING, INSPECTIONS, AND
RECREATION
Mrs. Ann Marie Townshend, Director of Planning, Inspections, and Community Development,
reviewed a Power Point presentation (Exhibit #2) depicting highlights of the 2015 Annual Report
for Planning, Inspections, and Recreation.
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 3
Responding to Mr. Sudler, Mrs. Townshend stated that one of the trends that they have seen in recent
years is that houses that were previously owner-occupied, single-family units have become rentals,
stating the desire to keep a balance of rental and ownership. An increase in rental permits without
new apartment construction causes concern with losing that balance.
Responding to Mr. Hosfelt, Mrs. Townshend stated that if the City has cut grass on a property in
response to a violation within the last 18 months and another violation occurs, they do not go
through the notification process again before cutting the grass.
Responding to Mr. Sudler, Mrs. Townshend advised that there were a total of five (5) Code
Enforcement Officers with one (1) supervisor, one (1) assigned to vacant buildings, and three (3) that
are assigned to a geographic area of the City. She stated that the inspectors can be stretched thin but
are able to manage the workload, although not as quickly as if there were more inspectors.
Mrs. Townshend stated that a pool of prospective Code Enforcement Officers was interviewed
approximately one (1) month ago to fill a vacancy.
Mr. Neil moved to accept the report, seconded by Mr. Hosfelt and unanimously carried.
COUNCIL COMMITTEE OF THE WHOLE REPORT - MARCH 15, 2016
The Council Committee of the Whole Meeting was held on March 15, 2016, at
6:00 p.m., with Council President Slavin presiding (departed at 7:07 p.m.). Members of
Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Hosfelt,
Mr. Hare, and Mr. Hutchison. Mr. Lewis was absent. Mayor Christiansen was
present. Civilian members present for their Committee meetings were Mr. Caldwell
and Mrs. Horsey (Parks, Recreation, and Community Enhancement), and
Mr. Shevock and Ms. Maucher (Legislative, Finance, and Administration).
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Councilman Anderson presiding.
Community Development Block Grant (CDBG) Application Review
Mrs. Tracey Harvey, Planner I, advised members that the Planning Staff had provided
the proposed Community Development Block Grant (CDBG) allocation
recommendations for the FY16 CDBG grant renewal and that proposed grant funding
recommendations would be allocated to the sub-grantees that were awarded
multi-year grants from the approved 2015-2019 Consolidated Plan. She stated that
$236,509 in funding was available for FY16 based on the grant allocation of
$227,955 and anticipated program income of $8,554. Mrs. Harvey explained that
20% of the grant would be used for program administration to manage the CDBG
program and up to 15%, with a maximum of $35,476, would be applied to public
service activities.
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 4
Mrs. Harvey reviewed a brief description of the programs proposed by the City’s
Community Development Office for funding, stating that allocations were
recommended by Staff as follows:
Recommen
Grant Current
2016 Grant Projects ded
Request Amount
Amount
Homeownership Assistance Program $60,000 $60,000 $50,000
Program Administration $47,342 $47,005 $47,301
Dover Interfaith Mission for Housing $27,000 $27,000 $22,000
Connections Community Support Program $15,000 $7,391 $7,208
Milford Housing Development
Corporation (Emergency Home Repairs) $40,000 $35,262 $25,000
Milford Housing Development
Corporation (Homeowner Rehabilitation) $60,000 $52,892 $55,000
Central Delaware Habitat for Humanity $40,000 $40,000 $30,000
Total $289,342 $269,550 $236,509
Responding to Mr. Hosfelt, Mrs. Harvey confirmed that 20% of the grant would be
used for program administration and would cover the salaries of those managing the
grant, including her own.
Mr. Hosfelt questioned what public service activities 15% of the grant would be
applied to. Responding, Mrs. Harvey explained that the Dover Interfaith Mission for
Housing and Connections Community Support programs provide public service
activities and would comprise up to 15% of the grant.
Mr. Neil asked if the City’s Homeownership Assistance Program involved people
who are cleared by the National Council on Agricultural Life and Labor Research
(NCALL) to purchase their homes through Habitat for Humanity. In response,
Mrs. Harvey explained that the Homeownership Assistance Program is separate from
Habitat for Humanity, which does their own financing and holds mortgages.
In response to Mr. Anderson’s request for further information on the Homeownership
Assistance Program, Mrs. Harvey explained that this program provides up to $20,000
in settlement assistance for first-time homebuyers to purchase affordable housing
within the City of Dover.
Mr. Neil questioned how applicants for the Homeownership Assistance Program are
cleared, how they go about reaching out for funds, and how they know that funds are
available to them.
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 5
Mrs. Harvey stated that a Request for Proposals (RFP) is issued every five (5) years
for different organizations to apply for the CDBG program. Information is emailed,
advertised, distributed by press releases, and posted on the City’s website.
Mr. Anderson asked if applicants for the City’s homeownership program are
qualified through NCALL. Responding, Mrs. Harvey informed members that
NCALL provides housing counseling but does not provide grants for affordable
housing. She explained that the normal process is for an applicant to first go through
NCALL to see if they are eligible and to ensure that they have a credit score of at
least 620, are a first time homebuyer, and meet other program guidelines. Applicants
are then referred to the City of Dover.
In response to Mr. Sudler, Mrs. Harvey confirmed that there is a partnership between
the City and NCALL.
Mrs. Horsey noted that in the past members had heard presentations from all of the
CDBG sub-grantees regarding their programs. She questioned the reason for the
decrease in the overall amount of money budgeted for these programs. Responding,
Mrs. Harvey stated that more funding was available for projects in FY 15 because
there was no need to fund program administration due to a rollover of funds from
FY 14.
Mr. Sudler questioned the reason for the difference between the $27,000 requested
and the $22,000 proposed for the Dover Interfaith Mission for Housing. Responding,
Mrs. Harvey stated that applicants can request any amount; however, the amount of
grant funds awarded is limited to what is allocated in the budget. She explained that
cuts in funding were proposed for all of the projects due to decreased funding
available this year.
Responding to Mr. Anderson regarding the CDBG cycle, Mrs. Harvey explained that
projects were in the second year of a five (5) year cycle.
The Committee recommended acceptance of the proposed Community Development
Block Grant (CDBG) allocations for FY16, as recommended by staff.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote (Mr. Cole absent).
Review of Active Recreation Area Plan - The Arbors Senior Garden
Apartments - 1051 College Road (Planning Reference S-16-07)
Mrs. Dawn Melson-Williams, Principal Planner, advised members that The Arbors
Senior Garden Apartments Active Recreation Plan was being reviewed as part of the
site plan review process. The proposed residential development consisted of a garden
apartment building with a total of 48 dwelling units. She indicated that the property
was located on the north side of College Road just northwest of the intersection with
McKee Road. This property had been through the review process multiple times
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 6
since 2005; however, in each instance the plan had expired before the project
commenced. Mrs. Melson-Williams noted that there had been changes in the
property’s ownership over the years.
Mrs. Melson-Williams explained that there is a requirement for residential
developments to provide recreational amenities to residents, stating that the Code sets
forth the rate at which an active recreation area must be provided. In this case, 150
sq. ft. of active recreation area must be provided per dwelling unit. With 48 dwelling
units proposed, a minimum of 10,000 sq. ft. of active recreation area must be
provided.
Mrs. Melson-Williams stated that the proposed project would provide the required
amount of recreation, which would be established in two (2) distinct areas, one (1)
located close to the building and the other located on the west side of the property,
across what would be a City street known as Senior Way. There would be a walking
path with a series of benches and pathway lighting, and a gazebo was also proposed.
Mrs. Melson-Williams advised members that the applicant had provided a revised
Active Recreation Area Plan that tweaked some of the elements of the project on
March 14, 2016. She stated that the chipped stone walking path had been changed
to a concrete surface, following staff’s recommendation, and minor changes related
to parking issues had been made to the plan. Mrs. Melson-Williams indicated that
the applicant had looked at providing a safer crossing at the Senior Way entrance area
and was proposing a mid-block crosswalk system that would be further reviewed by
the City’s Public Works Department as to appropriate traffic control. She noted that
the applicant had also updated their plan utilizing an active recreation area
calculation rate of 150 sq. ft. per dwelling unit, as required for this type of project,
rather than the typical 275 sq. ft. per dwelling unit that was included in their original
proposal.
Mrs. Melson-Williams advised members that Planning Department staff had put forth
a number of recommendations regarding the project. She stated that the project
meets the area requirements and staff felt the proposed amenities were appropriate
for this type of residential development. She advised members that their task was to
make recommendations in regard to the proposed active recreation area plan to be
provided to the Planning Commission for consideration as the project site plan is
reviewed.
Responding to Mr. Hosfelt, Mrs. Melson-Williams stated that the proposal was for
one (1), three (3) story, U-shaped building with 48 units.
In response to Mr. Hosfelt regarding how the required square footage was
determined, Mrs. Melson-Williams explained that the requirement was based on
dwelling units and the applicant was required to provide 150 sq. ft. of active
recreation area per dwelling unit.
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 7
Mr. Hosfelt asked if the neighboring areas, such as Hidden Oaks, were notified of the
project. Responding, Mrs. Melson-Williams explained that neighboring areas are
notified of the filing of the site plan application and will have an opportunity to
participate in the public hearing that will be conducted during the Planning
Commission meeting scheduled for later in the month.
Responding to Mr. Sudler, Mrs. Melson-Williams stated that there would not be
fencing around the recreational area. She explained that the proposal includes a
walking path that meanders through an open area and there are a number of landscape
plantings in the form of trees that would provide a buffer area. She noted that this
property is adjacent to other residential uses.
Mrs. Horsey stated her assumption that Senior Way would become a way in and out
for other housing developments. She asked if the northern part of the walking path
would have a marked crosswalk. Responding, Mrs. Melson-Williams indicated that
the revised plan for the project showed the inclusion of a marked crosswalk. She
explained that, since Senior Way was proposed as a City street, the Planning
Department would be working with the Public Works Department to provide
appropriate traffic control measures for a mid-block crossing. She anticipated that
there would be a pedestrian crossing sign but did not believe a full stop condition
would be implemented at the location.
Mr. Neil asked who would maintain the area across the street from the apartments
and if this would be the responsibility of the apartment owner. Responding,
Mrs. Melson-Williams informed members that this was considered one (1) tract of
land that was divided by the right-of-way for the road, so the management of the
apartment complex would be responsible for maintaining the landscaping, walking
path, and grass.
Responding to Mr. Hosfelt, Mrs. Melson-Williams confirmed that the proposed street
would connect to the Emerald Pointe subdivision. She explained that when Emerald
Pointe was laid out, the developer was required to provide stub roads to all vacant
adjacent properties. This project would pick up the stub road from Emerald Pointe
and extend it to College Road.
Mr. Anderson asked if the City would be responsible for providing pedestrian signs
for the crosswalk. In response, Mrs. Melson-Williams indicated that the developer
typically incurs the cost of constructing the road to City street standards. She felt that
sidewalk traffic control measures, such as stop signs and street name blades, would
be provided by the developer to the City’s standards before the City would take
ownership of the road.
The Committee recommended approval of the Active Recreation Area Plan for The
Arbors Senior Garden Apartments with the comments and conditions provided by
Staff.
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 8
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote (Mr. Cole absent).
Update - Residential Appeal Process and Non-Compliant Non-Conforming Uses
During their meeting of January 11, 2016, Council approved the Committee’s
recommendation that Staff be requested to prepare a residential appeal process and
to also look at those properties within City limits that are clearly non-compliant with
the uses to be reviewed by the Committee during their March meeting.
During the Council Committee of the Whole/Parks, Recreation, and Community
Enhancement Committee meeting of March 14, 2016, Mrs. Ann Marie Townshend,
Director of Planning and Community Development, reminded members that the first
step in this process would be to determine the degree of the problem with non-
conforming uses by finding out how many such uses exist. She advised that her staff
had been working with the Geographic Information Systems (GIS) staff in the Public
Works Department, and they are in the process of developing an application that
would allow the City’s planners to go into the field and document non-conforming
uses. Mrs. Townshend stated that staff could then determine which of the non-
conforming uses would be permitted as a conditional use, noting that multi-family
residential uses would not be permitted any longer in certain residential zones. From
that point, a strategy could be developed on how to attrition non-conforming uses.
In response to Mr. Sudler regarding how long this process would take,
Mrs. Townshend stated that it would probably be another couple of weeks before GIS
staff could have the application ready for field use, and there would be a few weeks
of field work. She anticipated the process would take approximately two (2) to three
(3) months.
Mayor Christiansen asked if there was a paper trail for these non-conforming
properties or if it had been assumed by the Planning Department and Mayor and
Council that exceptions to the rules in place were granted for these properties.
Responding, Mrs. Townshend stated her belief that there was very little in the way
of a paper trail on most properties. She stated that some non-conforming uses had
existed in the 1960s prior to the implementation of the City’s zoning ordinance. In
other cases, uses such as conversion of single-family homes to apartments had
happened in the 1990s and earlier, and Mrs. Townshend advised members that the
City’s documentation from those days was not as strong as it is today.
Mayor Christiansen asked if the City Solicitor had been consulted and apprised of the
lack of documentation for these properties, noting that litigation could be involved.
He suggested that the Solicitor provide an opinion regarding the City’s legal stance
on conditional use without documentation.
Mrs. Townshend clarified that these were non-conforming uses rather than
conditional uses and had existed prior to the current standard. She advised members
that she had a number of discussions with Mr. Nicholas Rodriguez, City Solicitor,
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 9
and Mr. William Pepper, Deputy City Solicitor, and they all agreed that before a
strategy could be determined on how to phase out or address non-conforming uses,
there was a need to know how many there are and the nature of the various uses.
Mayor Christiansen felt that there may be a maintenance of standards issue and that
questions might arise if a non-conforming use had persisted for an extended time and
the City suddenly changed its approach. He questioned if there would be a
grandfathering provision.
Mrs. Townshend informed members that an existing section in the Code addresses
non-conforming uses and sets up grandfathering. These Code provisions state that
a non-conforming use can continue to exist in perpetuity; however, it cannot be
expanded and if it has ceased for a period of one (1) year, it cannot be re-established.
Mrs. Townshend indicated that there is language in the Code that sunsets
non-conforming uses in residential zones 20 years after adoption of the ordinance or
40 years after the commencement of the use. She stated that Mrs. Traci McDowell,
City Clerk, had looked into the history of the ordinance, and it was difficult to
determine the onset of the 20- and 40-year periods. Mrs. Townshend indicated that
staff would first identify where non-conforming uses are and then look at existing
Code to determine if there is enough language to address them. If there is not enough
language to address them, staff would determine if there is a need to modify the Code
and then develop a method of better documenting or registering non-conforming uses
so they can be better tracked in the future. Mrs. Townshend noted that a series of
actions was needed and the first step would be to figure out how big the problem is.
She stated the need to be consistent and legally defensible and not to phase out some
uses without looking at the whole picture.
In response to Mr. Slavin, Mrs. Townshend stated that non-conforming uses were
addressed in Appendix B, Article 7 of the Dover Code. She confirmed that the Code
was created by City Council and there was nothing in it that was immutable and
would take away Council’s right to amend, correct, or alter that section of the Code.
Mrs. Townshend stated her expectation that staff would be looking at Code changes
that would give better control with regard to non-conforming uses as a result of
considering this issue.
Mr. Slavin stated his belief that a provision would probably be suggested that would
sunset all non-conforming uses at the same time, and asked if property owners with
a non-conforming use would be given the opportunity to pursue a conditional use at
that time. In response, Mrs. Townshend explained that if the specific type of use was
stated as a conditional use in the zoning ordinance, this could be done. She stated
that another alternative would be to sunset non-conforming uses after one (1) or two
(2) years unless the Board of Adjustment grants otherwise; however, it could create
an influx of applications to the Board of Adjustment. Mrs. Townshend advised that
this alternative would provide documentation of every non-conforming use that is
allowed to stay, the reason why, and a public process.
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 10
Mr. Slavin stated his belief that the root cause that the City was trying to get to was
non-conforming use, not the creation of paperwork to allow non-conforming use.
Responding, Mrs. Townshend stated that some of the non-conforming uses included
churches, schools, and other types of facilities.
Mr. Slavin stated that if there were an influx of conditional use applications, there
might be a desire to consider changes to existing Code regarding conditional uses.
Responding to Mr. Slavin, Mrs. Townshend explained that there is not a sunset
period for conditional use, unless the use stops or there is a failure to abide by the
conditions, in which case the matter would go back to the Planning Commission.
Mr. Slavin stated that it would not be desired to move the problem from
non-conforming use to conditional use. He encouraged staff to think about changes
to the ordinance regarding conditional use that would set up a new conditional use
from a set point forward with an automatic sunset. If people want to continue that
conditional use, they would have to prove this need again, without the process being
too burdensome. Responding, Mrs. Townshend stated her belief that this could be
done.
Mr. Hare expressed his understanding that a non-conforming use that had been in
effect for 15 years could be continued; however, if the property was sold or disposed
of, it could no longer be non-conforming. Responding, Mrs. Townshend stated that
use was not tied to ownership. She explained, for example, that if a property was
sold to another party, as long as they continued in operation the use could continue.
If the original property owner ceased operation and then sold the property, the new
owner could not reestablish the non-conforming use.
Mr. Sudler questioned how staff would handle a situation where neither the City nor
the property owner could produce documentation regarding a non-conforming use.
Responding, Mrs. Townshend explained that the City never grants property a status
as a non-conforming use. She stated, for example, that a property might have been
zoned commercial; however, at some point the City determined, usually through the
comprehensive plan process, that the property should not be commercial but
residential and rezoned the property, which resulted in the creation of a
non-conforming use. Mrs. Townshend advised members that in the 1960s there was
not clear documentation of when these changes happened, and zoning maps and
zoning text must be researched. Alternatively, she stated that in 1990 it was legal to
divide a home into two (2) or three (3) apartments in the General Residence Zone
(RG-1); however, in 2003, the Code was changed and this was no longer allowed.
A property may have continued to be zoned RG-1, but the City had changed the uses
allowed there.
Mr. Sudler asked if the City puts a condition on how long the use will remain when
it creates such non-conforming uses. Responding, Mrs. Townshend stated that
Article 7 of the zoning ordinance states that non-conforming uses can remain;
however, certain uses in the residential zone have a specific sunset.
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 11
Responding to Mr. Sudler as to whether there was anything in the ordinance language
that refers to the number of complaints received about a non-conforming use,
Mrs. Townshend stated that there was not. Mr. Sudler felt that this should be
considered, stating that the number of complaints generated from the neighborhood
or residential area would give the City more leeway to address non-conforming uses.
Mrs. Townshend stated that it would be within Council’s purview to make such an
amendment to the Code.
Mr. Neil asked if staff runs into problems with Americans with Disabilities
Act (ADA) compliance when checking non-conforming uses. Mrs. Townshend
stated that this would probably not be an issue since ADA compliance only comes
into play with regard to the City as it relates to building code and if modifications are
being made to properties.
Mr. Anderson noted that there were properties that were approaching or past the
40-year sunset, stating that this would be the answer to those who questioned why the
use would be enforced at this time. He advised members that, in some cases,
properties were 45 or 50 years past the implementation of the ordinance.
Mr. Anderson questioned if staff planned to start with properties that were most
likely not in compliance, such those from the 1960s and 1970s, and then move
forward.
Responding to Mr. Anderson, Mrs. Townshend reiterated that the first step would be
to document uses which staff knows to be non-conforming, estimating that this
would involve a few hundred properties. After developing a list, staff could look at
the zoning, permitting, and utility histories to get a picture of how property had been
used. Mrs. Townshend explained that a property may have been operating since
1974 but may not have been rezoned until 1996. She stated that staff would have to
review those properties that look as though they should have been sunsetted and
verify that there had not been an action that legitimized the use. Mrs. Townshend
advised members that staff’s focus at this point was on residential zones since these
zones were a higher priority and have the most significant impact on a community
if they are not compatible with the character of the zone.
Mr. Anderson stated that he would like to see a public safety component in the Code
amendments. He felt that there should be a venue for residents to appeal when their
safety is at risk because of a non-conforming use, such as excessive traffic, crime, or
another public safety issue.
Mr. Sudler stated that this issue had been discussed by the Safety Advisory and
Transportation Committee, noting that at least one (1) non-conforming property had
generated some complaints.
Mr. Hosfelt, Chair of the Safety Advisory and Transportation Committee, indicated
that this particular matter could be discussed during a Safety Advisory and
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 12
Transportation Committee meeting if Mr. Anderson desired; however, he agreed with
Mr. Anderson’s thoughts on including a public safety component in the amendments.
Citizen Suggestions
There were no citizens present wishing to speak.
LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare
presiding.
Acknowledgment of Benefit Change for Non-Bargaining Employees - Article
XVII Employee Benefits, Section 3 - Deferred Income (City of Dover Personnel
Policy)
Mr. Scott Koenig, City Manager, advised members that with Council’s recent
approval of the Dover Organization of Employees (DOE) labor agreement for
July 1, 2015 through June 30, 2018, changes were made to the Deferred
Compensation Pension Plan/401A Money Purchase Plan retirement benefit. He
explained that language in the City of Dover Personnel Policy (Employee Handbook)
indicated that changes to this benefit would affect non-bargaining employees.
Mr. Koenig indicated that, by a strict reading of the Handbook, this benefit had been
extended to the non-bargaining group; however, during DOE contract discussions he
had committed to bring this matter before Council because of the need to make
amendments to the language going forward.
Mr. Koenig reviewed proposed amendments to Article XVII Employee Benefits,
Section 3 - Deferred Income of the City of Dover Personnel Policy (Employee
Handbook).
Mr. Koenig reviewed the current mandatory contribution and maximum matching
City contribution percentages, along with the negotiated and approved increases for
DOE employees as follows:
Current Negotiated Current City Negotiated
Employee Employee Matching City Matching
Mandatory Mandatory Contribution Contribution
Contribution Contribution (Up to) (Up to)
2016, Upon 3% 4% 6% 7%
approval
July 1, 2016 3% 5% 6% 8%
July 1, 2017 3% 6% 6% 9%
Mr. Koenig explained that the proposal for non-bargaining employees would be to
increase the mandatory employee and City contributions to the same levels as those
for DOE employees.
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 13
Mr. Koenig stated that, based on a legal opinion obtained from Mr. William Pepper,
Deputy City Solicitor, DOE employee contributions could be made immediately
since the City has a legal contract with DOE to fall back on. Mr. Pepper had
indicated that if Council accepts the recommended change to the Personnel Policy
(Employee Handbook), a Code amendment will need to be adopted to memorialize
the change for non-bargaining contributions. Mr. Koenig advised members that Staff
was working on this Code amendment.
Mr. Koenig reviewed the costs associated with extending this benefit to
non-bargaining employees as follows:
Non-Bargaining
Must Potential Over 9% Total
2016, Upon Additional $974 $3,968 $1,608 $6,550
approval 1%
July 1, 2016 Additional $5,629 $22,924 $9,290 $37,843
2%
(1+1)
July 1, 2017 Additional $8,443 $34,386 $13,935 $56,764
3%
(1+1+1)
Total $15,046 $61,278 $24,833 $101,157
Mr. Koenig advised members that when this table was originally developed, there
were 45 non-bargaining employees, two (2) in the Police Pension Plan, 14 in the
Defined Benefit Plan, and 29 in the Deferred Compensation Pension Plan/401A
Money Purchase Plan. The table was based on cost estimates for 29 employees from
the end of February 2016 through the current budget year. Mr. Koenig explained that
the costs of $974 and $1,608 were known costs. He stated that the estimated total
cost of this benefit for FY 16 would be less than the $6,550 total reflected since some
employees had left the organization and since it was now past the end of February
2016 and the proposed changes would not be backdated. Mr. Koenig stated that the
maximum cost was estimated at $16,000 to $37,000 for FY 17 and approximately
$56,764 for FY 18. He advised members that estimates were developed using the
current employees in the plan and projecting expenses. Mr. Koenig indicated that
estimates were not exact since non-bargaining positions that were currently vacant
were not included in the calculation and some employees would likely leave,
resulting in salaries being reset.
Staff recommended adopting the revised matching contributions for non-bargaining
employees and approving the following changes to the City of Dover Personnel
Policy (Employee Handbook):
1) Change the reference of Public Employees Benefit Services Corporation
(PEBSCO) to Nationwide Retirement Solutions.
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 14
2) Insert the following language: “Employees enrolled in the Deferred
Compensation Pension Plan/401A Money Purchase Plan shall make
contributions in accordance with the Plan Document for each individual
group of employees.”
3) Change the reference of “Employee Labor Agreements when applicable”
to “the Plan Document for each individual group of employees.”
4) Insert “full-time” to correspond to Chapter 2 - Administration, Article IV
- Officers and Employees, Division 8 - Deferred Compensation Plan,
Section 2-391 - Definitions of the Dover Code.
Mr. Koenig advised members that staff had found that cleaning up the ordinances
became very complicated very quickly and the proposed ordinance change would be
much more comprehensive than initially anticipated; however, he indicated that the
amendments would be presented at the next Council Committee of the Whole
meeting.
Mr. Sudler questioned what prompted the initiative to extend the provisions to
non-bargaining employees. Responding, Mr. Koenig stated that the discussion in the
DOE labor negotiations prompted a change to the retirement benefit for DOE
employees and the existing language in the Personnel Policy required further
discussion for non-bargaining employees from an ethical standpoint.
Mr. Koenig stated that there had always been a question as to whether the City
Manager or anyone else on the labor contract negotiating team is negotiating for
themselves if a benefit is extended to non-bargaining employees. He explained that
the Defined Benefit Pension Plan was closed in 2009; therefore, every new City
employee hired in general government, other than new police officers, is in the
Deferred Compensation Pension Plan/401A Money Purchase Plan. Mr. Koenig
stated that new police officers are part of the State municipal police plan; therefore
they continue to participate in a defined benefit plan and the City pays a percentage
of payroll to the State for this. He indicated that the Deferred Compensation Pension
Plan/401A Money Purchase Plan is the retirement vehicle for City employees moving
into the future. Recent discussions had been held about employees who are putting
in the minimum contribution of 3%, which the City matches, but this does not
provide the amount of contributions that would be required for employees to retire
from service. He expressed concern that City employees could work for 25 or 30
years and not have the financial ability to retire. Mr. Koenig noted that this benefit
was also important from an employee retention standpoint.
Mr. Koenig explained that the contributions for the State municipal police pension
fund are approximately 15% of payroll. Contributions for the General Employee
Pension Fund (Defined Benefit Pension Plan) are approximately 40% of payroll;
therefore, the City contributes 40% in addition to an employee’s salary to fund that
plan, part of which is the normalized cost and part is catch-up related to market
performance. Mr. Koenig advised members that the proposed change to the Deferred
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 15
Compensation Pension Plan/401A Money Purchase Plan would slowly push the
employee minimum contribution to 6% and increase the maximum City match from
6% to 9%. Under any circumstances, the maximum that the City would contribute
to an employee’s retirement would be 9%, which would be significantly less than the
15% or the 40% plus match contributed for employees in other plans.
Responding to Mr. Neil, Mr. Koenig confirmed that a two (2) step process was
proposed; first, the Personnel Policy (Employee Handbook) language must be
changed and then ordinance changes related to the amendments that were proposed
for DOE and related to non-bargaining employees must also be made. He indicated
that if this proposal did not go forward, the City still had the legal means and
requirement to enact the DOE contribution changes due to the City’s contract with
DOE. Mr. Koenig explained that, in the interest of full disclosure, Staff was trying
to get everyone on the same page regarding the potential benefit change and
ordinances would be brought forward for consideration at the next Committee
meeting to support these proposals.
In response to Mr. Anderson, Mr. Koenig confirmed that there would be changes to
the Dover Code but not Charter changes, so no State authorization would be needed.
Mr. Hare questioned how many of the 29 employees in the 401A plan were at the
maximum contribution level. Responding, Mr. Koenig stated that there were at least
six (6) employees who were at the minimum contribution level, four (4) who were
over 9%, and a group of people in the middle. He confirmed that those employees
who were over 9% were currently being matched at the 6% level.
Mr. Hare stated his understanding that the negotiation with DOE was to help
lower-income people save more money toward their pension. Responding,
Mr. Koenig indicated that there was a very large concern that a number of the
participants in DOE, not only those with lower incomes, would not be in a position
to retire after working in their careers with the City.
In response to Mr. Hare, Mr. Koenig explained that DOE employees’ minimum
contributions would increase from 3% to 4%, and subsequently to 5% and then 6%.
The maximum 7% City contribution would become effective almost immediately for
DOE employees but would not be effective for non-bargaining employees until the
ordinances are finalized. It would take two (2) years to attain the 9% maximum City
contribution.
Mr. Hare suggested that if the City was negotiating with DOE for this benefit or on
other matters, perhaps Mr. Koenig should not be doing the negotiating since this
would benefit him in the long run. Responding, Mr. Koenig indicated that this was
a decision that Council could make. He explained that under normal circumstances,
the City Manager is typically not considered a regular employee; however, in this
case because he came up through the organization, he had always been an employee.
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 16
Mr. Anderson moved to recommend approval of the proposed amendments to
Article XVII Employee Benefits, Section 3 - Deferred Income of the City of Dover
Personnel Policy (Employee Handbook), as recommended by staff. The motion was
seconded by Mr. Cole.
Mr. Slavin expressed concern that changing the Employee Handbook language would
lock Council in on ordinance language, which may create a conflict if the ordinance
is not adopted. Responding, Mr. Koenig stated that this could be remedied by saying
that the Handbook changes would not become effective until the related ordinances
are adopted.
Mr. Anderson agreed to amend the motion to indicate that the Handbook changes
would not become effective until the ordinances are adopted, and Mr. Cole
concurred.
Mr. Anderson stated that he would like to consider setting a maximum cap for the
City’s contribution, perhaps $8,000 or $9,000 in a given year.
Mr. Hare stated his belief that other cities in the State do not contribute 9%. He
noted that employees did have the option to stay in the Defined Benefit Pension Plan.
Responding to Mr. Hare, Mr. Koenig stated that some employees had the option to
stay in the Defined Benefit Pension Plan; however, employees that had been hired
since 2009 did not have an option.
Mr. Hare stated that prior to 2009 all employees had the option to stay in the Defined
Benefit Pension Plan or participate in the Deferred Compensation Pension Plan/401A
Money Purchase Plan, and concurred with Mr. Anderson’s suggestion to consider
setting a maximum cap for the City’s contribution.
The Committee recommended approval of the proposed amendments to Article XVII
Employee Benefits, Section 3 - Deferred Income of the City of Dover Personnel
Policy (Employee Handbook), as recommended by staff, and that the changes to the
Handbook not become effective until the ordinance amendments are adopted.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote (Mr. Cole absent).
Proposed Ordinance #2016-14 Amending Appendix B - Zoning, Article 6 -
Off-Street Parking, Driveways and Loading Facilities, Section 5 -
Supplementary Regulations for Parking and Loading Facilities, Subsection 5.3 -
Supplementary Parking Regulations for Multiple Dwellings, Including
Duplexes, Multiplexes, and Apartments
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
reviewed Proposed Ordinance #2016-14, stating that it would clean up a section in
the parking requirements where the language references “Supplementary parking
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 17
regulations for multiple dwellings including duplexes, multiplexes, and apartments.”
Staff had determined that specifying housing types was probably not consistent with
practice, noting that this section of Code mentioned duplexes and went on to say that
“No parking shall be located in any front yard or within three (3) feet of any property
line or any lot line in side or rear yards.” Mrs. Townshend explained that in
neighborhoods with duplexes there are many cases where there are driveways in the
front as well as side-by-side driveways to implement fewer curb cuts. She advised
members that it had been identified that: 1) including duplexes in this provision did
not make practical sense and was contrary to the way that duplex lots would normally
be laid out, and 2) the language, “including duplexes, multiplexes, and apartments”
creates possible challenges and inconsistencies throughout the Code.
Mrs. Townshend stated that the proposed text amendment would end the introduction
of Subsection 5.3 after “multiple dwellings”, which is defined in the zoning
ordinance. In this way, multiple dwellings would not be treated inconsistently
throughout the zoning ordinance.
Responding to Mr. Hare, Mrs. Townshend stated that there was not a reference in the
Code regarding how many vehicles could park at a single-family house. Mr. Hare
indicated that he would like to see this addressed, noting that some single-family
dwellings have up to nine (9) cars parked both in the driveway and on the street.
Mrs. Townshend explained that language would have to be developed as a separate
amendment for Chapter 106, since it relates to parking on public streets. She stated
that there could be a provision to limit the number of vehicles that could be parked
on the street and registered to an address.
Noting that this may not apply to the current ordinance, Mr. Hare requested that
Mrs. Townshend bring such an ordinance forward.
The Committee recommended adoption of Ordinance #2016-14, as recommended by
staff.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote (Mr. Cole absent).
By consent agenda, Mr. Sudler moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Neil and carried by a unanimous roll call vote (Mr. Cole absent).
EVALUATION OF PROPOSALS - OVERHEAD LINE WORK (16-0032EL)
Mr. Scott Koenig, City Manager, advised that the Electric Department maintains blanket contracts
with contractors to ensure that the bidding rules are adhered to for any contractors that might be hired
to perform work for the Public Works and Electric Departments. These contracts are priced as “time
and material” contracts and the proposal is for overhead line work services to include scheduled and
unscheduled work on the electric distribution and transmission systems, rebuilding of pole lines
required by City crews, and emergency situations as required.
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CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 18
Mr. Koenig noted that the original solicitation for bids resulted in only one (1) submission; therefore,
Staff rejected that submission and recently re-released the request. He advised that six (6) vendors
responded with complete submissions and all vendors were deemed capable and competent.
Mr. Koenig stated that pricing was the determining factor in Staff’s recommendation.
Staff recommended awarding a blanket Overhead Line Work contract to Rock Creek Line
Construction, Greensboro, MD, for a three (3) year initial period based on the staff evaluation. The
Electric Director, with the concurrence of the City Manager, can exercise options to extend the
contract in one (1) year increments for a total contract period of five (5) years per the pricing
included in the submittal.
Responding to Mr. Sudler, Mr. Koenig stated that the evaluation matrix, provided as Exhibit A, was
used by Staff to evaluate the submissions. He noted that the matrix identifies the four (4) areas of
scoring, including price, and Rock Creek Line Construction scored better than the other companies
in most of the categories with a total score of 86.
Mr. Sudler moved for approval of Staff’s recommendation, seconded by Mr. Anderson and
carried by a unanimous roll call vote (Cole absent).
OLD PW2 SITE IMPROVEMENTS ENGINEERING DESIGN FEES - CHANGE ORDERS
Mr. Scott Koenig, City Manager, stated that original design fee agreement for the Old PW2
component of the overall project was signed in September 2014 in the amount of $265,600. This
fee included the FY-2015 budget authorization of $150,000. The $150,000 in the FY-2015 budget
included $75,000 in grant funds from the State of Delaware (DNREC Planning Grant). FY-2015
work was limited to the $150,000 budget for FY-2015. The budget request for FY-2016 included
another $330,000 in design fees under (Old PW2 Site Improvements). The additional $330,000
included $115,600 for the remaining design fees for the Old PW2 site as well as $214,500 for design
fees associated with moving current staff and operations from the Old PW2 site to the back of
Schutte Park. In order to fully abandon the Old PW2 site, the staff and storage operations currently
using the Old PW2 site must be moved to an alternate location.
Mr. Koenig noted that, in early FY-2016, staff executed two (2) design fee change orders
(Amendment #1 & Amendment #2). Amendment #1 addressed pre-demolition characterization of
structures located at Old PW2 along the St. Jones River and stakeout of an open channel alignment
from the area east of State Street to the St. Jones River. The stakeout allowed DNREC to conduct
independent sampling and analysis of the soils for the proposed project alignment. Amendment #1
increased the total design contract value for Old PW2 from $265,600 to $276,272 ($10,672). In
October 2015, staff was presented with another design fee change order related to the design of a
bridge crossing of South State Street near the intersection of South Street ($36,200) as well as design
fees associated with the protection of the Well #9 structure since it is located within the 100-year
floodplain ($34,600). Amendment #2 increased the design fees from the previously amended
$276,272 to $347,072 ($70,800).
Mr. Koenig advised that, in January 2016, staff executed the design fee agreement for moving
operations to the rear of the Schutte Park property in the amount of $214,500. This design work is
intended to be completed in the summer of 2016.
Página 23
CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 19
Mr. Koenig stated that, in January 2016, staff was also presented with three (3) additional design
contract amendments to complete the design components of the Old PW2 site. Amendment #3
includes work associated with locating underground utilities or other anomalous subsurface features
in the defined debris areas #1 & 2 as well as mapping of these features. Limited test pit excavations
and sampling will also be conducted in the known debris areas. A Sampling Plan & Health and
Safety Plan will be prepared and implemented for the project. These activities are intended to reduce
construction costs and risks for construction related change orders. This amendment, once executed,
will increase the amended design fee for this component of the project from $347,072 to $372,742
($25,670). Amendment #4 includes additional design considerations for the Well #9 Flood
Improvements to include mechanical, electrical and structural changes not covered by
Amendment #2. This amendment, once executed, will increase the design contract from $372,742
to $382,742 ($10,000). Amendment #5, presented in February 2016, addresses the inclusion of
environmental analytical data from soil samples collected by DNREC to prepare a memorandum
documenting the human health risk assessment for the soil data. This information will be included
in the bid documents for the construction phase of the project. This amendment, once executed, will
increase the design contract from $382,742 to $389,042 ($6,300).
Mr. Koenig advised that these amendments will allow the Old PW2 project to complete design and
progress toward construction. The current construction estimate to abandon Old PW2 and construct
the stormwater improvements associated with the Tar Ditch Stormwater Interceptor Project is
$7.6M. Construction improvements to the Schutte Park property for Public Works operations will
have a separate construction estimate.
Staff recommended approval of the proposed amendments to the design scope by AECOM/URS in
the amount of $42,000.
Responding to Mr. Hosfelt, Mr. Koenig stated that the total cost for the design work to get them to
the construction documents is approximately $604,000.
Responding to Mr. Hare, Mr. Koenig stated that he did not believe that any final activity that would
be authorized at Schutte Park would conflict with the potential replacement of warehouse facilities
because large material storage will still be necessary. He advised that the salt barn is scheduled to
move to Schutte Park and if the City were to build a combined warehousing facility that would
address the City’s needs into the future, there may be a small level of redundancy. Mr. Koenig
advised that, as they go to construction for improvements to Schutte Park, they would start reviewing
this as part of the potential warehouse replacement. He stated that he does not want to end up with
dual facilities, or to build facilities that would take away from a potential combined site.
Mr. Hare asked if they needed to spend $7M or $8M for leaf and salt storage. Mr. Koenig reiterated
that they are proposing to spend $7.6M for the storm water project and abandonment of Old PW2,
and alterations to the back of Schutte Park have a separate construction estimate.
Mr. Neil moved for approval of Staff’s recommendation for approval of the proposed
amendments to the design scope by AECOM/URS in the amount of $42,000. The motion was
seconded by Mr. Sudler and carried by a unanimous roll call vote (Cole absent).
Página 24
CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 20
REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE #2016-15 -
PROPERTIES LOCATED IN THREE (3) AREAS (A, B, AND C) CONSISTING OF
FOURTEEN (14) PARCELS TOTALING 291.07 +/- ACRES, OWNED BY
DOVER INTERNATIONAL SPEEDWAY, INC.
A request was received to rezone properties located in three (3) areas (A, B, and C) consisting of
fourteen (14) parcels totaling 291.07+/- acres, owned by Dover International Speedway, Inc., as
follows:
Area A: Twelve (12) parcels located east of Leipsic Road and west of State Route 1,
totaling 195.13+/- acres. The current zoning is CPO (Commercial and Professional
Office) and R-8 (One-Family Residence), partially subject to the SWPOZ (Source Water
Protection Overlay Zone), and the proposed zoning is RC (Recreational and
Commercial), partially subject to the SWPOZ (Source Water Protection Overlay Zone).
Tax Parcels: LC-05-058.17-02-01.00-000, LC-05-058.17-01-07.00-000, ED-05-058.17-01-11.00-000,
LC-05-058.17-01-08.00-000, ED-05-058.17-01-18.00-000, LC-05-058.17-01-09.00-000,
ED-05-058.17-01-19.00-000, ED-05-068.05-01-02.01-000, LC-05-058.00-02-08.00-000,
ED-05-068.05-01-16.00-000, LC-05-068.00-01-01.00-000, and LC-05-068.10-01-01.00-000
Area B: Located east of State Route 1 and south of Pit Stop Lane, totaling 10.43+/- acres.
The current zoning is MHP (Mobile Home Park) and the proposed zoning is
RC (Recreational and Commercial).
Tax Parcel: LC-05-058.17-02-01.00-000
Area C: Located north of Persimmon Tree Lane adjacent to the City limits, totaling
85.51+/- acres. The current zoning is A (Agricultural) and the proposed zoning is RC
(Recreational and Commercial).
Tax Parcel: LC-05-058.00-02-15.00-000
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised that the
request from Dover International Speedway for the rezoning of 291 acres from various zoning
classifications to RC (Recreation and Commercial) is consistent with the process of annexing the
balance of these properties owned by Dover International Speedway, Inc. and placing them under
one (1) zoning classification.
Responding to Mr. Sudler, Mrs. Townshend advised that some of the property is zoned as
Agriculture, which allows for sale of agricultural products, the keeping and growing of agricultural
products, low density residential and some potential cluster residential development, and temporary
activities. She advised that they are consolidating the properties under one (1) consistent
classification in order to better manage the whole festival area.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is
required.
By motion of Mr. Hare, seconded by Mr. Neil, Council unanimously referred the rezoning
request to the Planning Commission on April 18, 2016 and set a public hearing for May 9, 2016
at 7:30 p.m.
Página 25
CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 21
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
Proposed Ordinance #2016-15 as read by the City Clerk, by title only, as follows:
< AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF 14 PARCELS OF
PROPERTY LOCATED IN THREE (3) AREAS: EAST OF LEIPSIC ROAD AND WEST
OF STATE ROUTE 1 (AREA A), EAST OF STATE ROUTE 1 AND SOUTH OF PIT STOP
LANE (AREA B), AND NORTH OF PERSIMMON TREE LANE ADJACENT TO THE
CITY LIMITS (AREA C).
FIRST READING - PROPOSED ORDINANCE #2016-14
Council President Slavin reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers or could be obtained from the City Clerk's Office. Since
the ordinance amends the Zoning Code, a public hearing is required. Staff recommended referral
of the amendments to the Planning Commission on April 18, 2016 and that a public hearing be set
for May 9, 2016 at 7:30 p.m., at which time, final action by Council will take place.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised that this
is a clean-up amendment in the parking section of the zoning ordinance. She noted that Line #17
of the ordinance refers to "Supplementary parking for multiple dwellings, including duplexes,
multi-plexes, and apartments"; however, the term multiple dwellings, as defined in the definitions
section, does not include the term "duplexes," so the language creates confusion. Mrs. Townshend
also noted that the requirements make it inconsistent with how they prefer duplex houses to be
developed.
Responding to Mr. Sudler, Mrs. Townshend stated that Staff has been working with a developer who
is building duplexes with off-street parking and shared driveway aprons, so the driveways will be
adjacent to each other. She advised that the current Code states that no parking space shall be
located in any front yard, or within three (3) feet of any lot line or side or rear yards, which means
that duplexes could not have parking in front of the houses or adjacent driveways, because they
would have to be set back.
By motion of Mr. Hare, seconded by Mr. Neil, Council unanimously referred Proposed
Ordinance #2016-14 to the Planning Commission on April 18, 2016 and set a public hearing
for May 9, 2016 at 7:30 p.m.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
Proposed Ordinance #2016-14 as read by the City Clerk, by title only, as follows:
< APPENDIX B - ZONING, ARTICLE 6 - OFF-STREET PARKING, DRIVEWAYS AND
LOADING FACILITIES, SECTION 5 - SUPPLEMENTARY REGULATIONS FOR
PARKING AND LOADING FACILITIES, SUBSECTION 5.3 - SUPPLEMENTARY
PARKING REGULATIONS FOR MULTIPLE DWELLINGS, INCLUDING DUPLEXES,
MULTIPLEXES, AND APARTMENTS
Página 26
CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 22
FINAL READING - PROPOSED ORDINANCE #2016-11
The First Reading of the Proposed Ordinance was accomplished during the Council meeting of
March 14, 2016. Council President Slavin reminded members of the public that copies of the
proposed ordinance were available at the entrance of the Council Chambers.
Proposed Ordinance #2016-11 Amending Chapter 102 - Taxation, Article VI - Exemptions; Board
of Assessment Appeals, Section 102-182 - Authority to Exempt Real Property from Taxation
Mr. Sudler moved that the Final Reading of the Proposed Ordinance be acknowledged by title
only, seconded by Mr. Hare and unanimously carried.
Mr. Anderson stated that he had concerns with the Ordinance because it would allow the waiving
of delinquent taxes without City Council knowing how much is being waived or having any input
or review. He also expressed concern that the developers who did pay their taxes while their projects
were under construction will not get their money back, while the developers who did not pay their
taxes will have them waived. Responding, Mr. Scott Koenig, City Manager, stated that many of
these developers were organized under LLC’s and they are now defunct. Without the amendment,
the adjacent property owners in the subdivisions would be saddled with paying taxes on this
property, or would simply not pay the taxes on this property. Mr. Koenig advised that this situation
currently applies to approximately four (4) groups of properties within the City of Dover.
Mr. Koenig stated that, under normal development standards, the developer is required to pay the
taxes in full until the point when they dedicate the open space to the homeowners’ association
(HOA), when the HOA can apply for the exemption. The purpose of this amendment to the Code
is to ensure that if a developer goes bankrupt and there is nobody to collect the taxes from, the City
is not trying to collect the taxes from the adjacent property owners. Mr. Koenig advised that, in the
case of The Village of Westover, because the property has not been turned over to the HOA it cannot
apply for a tax exemption, therefore the taxes keep accruing on the property and, because the LLC
is defunct, the City has no ability to collect the property taxes.
Mr. Koenig suggested that Staff could provide City Council with a report of action that has been
taken by the City Assessor with regarding to waiving delinquent taxes. Responding, Mr. Anderson
asked why he would not just bring the issue to Council for approval. Mr. Koenig stated that Staff
considered this amendment as a LEAN process improvement to allow Staff to waive the delinquent
tax without presenting it to Council when he believes the decision will be the same as Staff’s. He
advised that they have no ability to collect these taxes and they are distorting the delinquent tax roll
figures. Mr. Koenig stated that the amendment will streamline the process.
Responding to Mr. Sudler, Mr. Koenig stated that this is dedicated open space that can only be used
for a community feature for the benefit of the homeowners.
Responding to Mr. Lewis, Mr. Koenig stated that this would apply to Phases 3, 4, and 5 of The
Village of Westover, which began construction in 1993 or 1994; the storm water management area
in Stoney Creek, which was built approximately 20 years ago; and some land associated with
Heatherfield East. He advised that Staff now tries to have developers dedicate the streets in new
subdivisions prior to reaching 80% completion, or right at 80%, in order to provide all levels of
service to the community.
Página 27
CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 23
Council President Slavin stated that it was his belief that some of these homeowners’ associations
will be held hostage unless the ordinance is amended because they cannot do anything to improve
the land until the tax issue is resolved and this would be one way, as Mr. Koenig had said, to
streamline that process and get it done. Mr. Lewis stated that his homeowners’ association is
delinquent in taxes for the same reason.
Mr. Neil stated that the State of Delaware has an Ombudsman and Deputy Attorney General who
handle the problems within common interest communities. He noted that he does not disagree with
the amendment; however, he believes that Council should be informed when it occurs. Mr. Sudler
concurred that Council should be informed, as well as have some say in the decision. He asked if
all the other homeowners’ associations had been contacted for their input.
Mrs. Cheryl Bundek, City Assessor, advised that the Code currently gives the Assessor the power
to exempt the property once it is turned over to a homeowners’ association and the amendment will
allow the assessor to exempt the property when the development, or phases of the development,
reach 80% completion. Mrs. Bundek advised that the Clean Hands ordinance, which was adopted
after these developers became defunct, requires developers to pay their property taxes prior to
obtaining final permits and dedication of the developments.
By motion of Mr. Neil, seconded by Mr. Hutchison, Council, by a roll call vote of seven (7) yes
(Sudler, Neil, Lewis, Hosfelt, Hare, Hutchison, and Slavin), one (1) no (Anderson), and one (1)
absent (Cole), adopted Ordinance #2016-11, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 102 - Taxation, Article VI - Exemptions; Board of Assessment Appeals, Section
102-182 - Authority to Exempt Real Property from Taxation of the Dover Code be amended to read
as follows:
Sec. 102-182 - Authority to exempt real property from taxation.
The city council shall have the power to exempt real property located within the city from municipal
property taxes when, in the opinion of the board, the same will best promote the public welfare. The
city assessor shall be empowered to grant tax exemptions to senior citizens where the requested
income verification is completed and meets the requirements of section 102-183. Pursuant to Del. C.
title 9, §§ 8105 and 8110, the city assessor shall be empowered to grant tax exemptions to property
owned by governmental, religious, educational, charitable agency or civic associations owning
parkland, upon receipt of an application filed by the organization establishing its entitlement to such
exemptions. The city assessor shall be empowered to grant tax exemption to and waive delinquent
taxes on real property which has been required by the City of Dover to be set aside for public
parkland or open space once the subdivision/phase of subdivision has reached 80% completion
and/or street dedication, whichever occurs first, in concurrence with the City Manager. Any
outstanding penalty or interest incurred as a result of unpaid taxes on said property shall be forgiven.
ADOPTED: MARCH 28, 2016
Página 28
CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 24
CITY MANAGER’S ANNOUNCEMENTS
Mr. Scott Koenig, City Manager, announced that the City of Dover Planning and Economic
Development Offices will be holding three (3) public information sessions to promote the
Downtown Development District and discuss opportunities for downtown investment for businesses
and homeowners. He advised that the Workshops will be held on Wednesday, April 6th, at
9:00 a.m., 4:00 p.m., and 6:00 p.m., at the Bayard Plaza Community Room, 200 West Loockerman
Street.
Mr. Koenig announced that City Staff have been working on the delinquent utility lists and backlog
of collections. He noted that Mr. Kirby Hudson, Assistant City Manager, has indicated that they are
making slow, steady, progress on the delinquency issue. Mr. Koenig advised that one day the
previous week there were 356 customers on one route that did not pay their utility bill in full within
the 21-day window authorized in the handbook. He stated that, although they are making progress,
they are having a lot of difficulty getting customers to pay within the 21-day payment window on
certain routes. Mr. Koenig advised that they will continue to encourage the City’s customers to get
into the 21-day window so that their payments are paid in full on time.
COUNCIL MEMBERS' ANNOUNCEMENTS
Council President Slavin noted that the Fox Hall development had a power outage during the
morning of Easter Sunday when a police chase vehicle hit a transformer. He extended his thanks to
the police dispatcher, utility dispatcher, and Ms. Kay Sass, Public Affairs and Emergency
Management Coordinator, all of whom he was in communication with early that morning to get the
word out. Mr. Slavin stated that he thought they headed off a lot of the questions that the
constituents had by using social media. He noted that crews were out working to restore power as
quickly as they could so that Easter dinners were not unduly delayed. Council President Slavin
requested Mr. Koenig and Chief Bernat to relay their thanks to those who responded.
Mr. Sudler announced that the Dover Police Department will be hosting a community outreach
Spring Jam, Friday, April 1, 2016, from 5:00 p.m. to 7:00 p.m., on Loockerman Way Plaza. He
noted that there will be 3-on-3 basketball, music, free food, a bounce house, face-painting, and a
video game truck. Mr. Sudler invited everyone to attend and show their support.
Mr. Sudler announced that the 4th District will hold its Quarterly Community Meeting in April and
more information will be provided.
Mr. Hosfelt announced that the Pedestrian/Bicycle Subcommittee of the Safety Advisory and
Transportation Committee, along with the City’s Parks and Recreation Department, will hold the
First Annual Dover Duathlon on April 23, 2016. He stated that the event includes running, biking,
and then running again. Mr. Hosfelt noted that pamphlets were available for anyone seeking more
information on the event.
Mr. Hosfelt announced that Dover Downs and Dover International Speedway would be hosting a job
fair on Saturday, April 2, 2016 from 9:00 a.m. to 1:00 p.m. in the Diamond Room on the 4th floor
of the Dover Downs Hotel and Casino. He advised anyone interested in working at their major
events this spring and summer to attend the job fair.
Página 29
CITY COUNCIL MEETING OF MARCH 28, 2016 PAGE 25
Mr. Anderson announced that the Council Committee of the Whole would be meeting at 6:00 p.m.
the following evening and the Safety Advisory and Transportation Committee would be discussing
possible solutions to shooting concerns. He encouraged people to attend the meeting.
Mr. Hare moved for adjournment, seconded by Mr. Lewis and unanimously carried.
Meeting adjourned at 8:54 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of March 28, 2016, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2016\03-28-2016.wpd
Exhibits
Exhibit #1 - Presentation - 2015 Annual Report - Dover Police Department
Exhibit #2 - Presentation - 2015 Annual Report - Planning, Inspections, and Recreation
Página 30
Dover police department
ANNUAL REPORT
EXHIBIT #1
2015 Regular Council Meeting of
03/28/2016
90 Years of Protecting and Serving the
Capital of the First State
1
Página 31
2015 OFFICER RETIREMENTS
Corporal Jeffrey Matthews Lieutenant Daniel McKeown Master Corporal Andrew Morris
& Spike
Lieutenant Jason Pires Lieutenant J. Eric Richardson Captain Robert Scott
Sergeant Glenn Virdin
Página 32
PROMOTIONS
Each year the Officers of the Dover Police Department take part in a highly competitive
promotion process, the following Officers were promoted during 2015:
CAPTAIN
David Spicer
LIEUTENANT
Chad Bernat
Todd Case
Christopher Hermance
Kevin Kober
SERGEANT
Aaron Dickinson
Anthony Digirolomo
Matthew Knight
Paul Kuntzi
Jeffrey Melvin
Robert Roswell
Scott Sealund
MASTER CORPORAL
Bernardo Fioravaniti
Mark Hoffman
Jennifer Lynch
Jordan Miller
Brian Sherwood
Kevin Streadwick
James Stubbs
Carlton Turner
Michael Wisniewski
PATROLMAN FIRST CLASS
James Johnson
Aaron MacDonald
Jacob Rankin
Ryan Schmid
Colin Schmidt
James Wood
Página 33
CADET PROGRAM
The Dover Police Department implemented a police Cadet Program in June 2015
consisting of nine Cadets who are assigned to the Special Enforcement Unit as part
time employees. Funding for this program is provided through multiple grant
sources.
Prior to being hired, each candidate was required to pass the same tests as a potential
Dover Police Officer which includes, a physical fitness test, drug testing, an oral
board and a background check. Each Cadet was provided with 80 hours of training
consisting of laws, equipment usage, policies and procedures, geography, radio
protocol and then an additional 38 hours of supervised on the job training. After they
completed the training, they were released for duty and work in pairs.
Cadets conduct high visibility patrols throughout the City of Dover handling 558
complaints and issuing 307 city ordinances violations from June thru December of
2015. The Cadets, who are not sworn Police Officers, conduct patrols on both foot
and bicycle and enforce local city ordinances. They also assist with crowd control,
traffic control and support services during major events in the City. Cadets are also
tasked with providing security services in the Dover Public Library.
The Cadet Program has proved to be a valuable asset to the residents, patrons and
business owners of the City of Dover and we have received positive feedback on the
impact they are making in the downtown Dover area.
Cadets Bryce Jackson and Logan Spicer playing basketball during a
local community outreach program.
Página 34
City of Dover Police Department
Annual Report
Homicides
Five Year Comparison
8
7
7
6
6
5
4
3
2
2
1 1
1
0
2011 2012 2013 2014 2015
Homicides
5
Página 35
CALEA Accreditation
The Gold Standard in Public Safety
Crime Analyst/Accreditation Manager
The Crime Analyst/ Accreditation Manager has dual responsibilities. One of
the responsibilities is strategic crime analysis and assists with the planning
and deployment of resources to best combat crime. It also provides research
and analysis support to aid management in making a variety of key
decisions.
The responsibilities of the Accreditation Manager is to maintain and
organize the department’s many policies and procedures. The primary
function is to maintain and comply with the 484 standards which are
mandated by CALEA (Commission on Accreditation for Law Enforcement
Agencies) and the 105 standards mandated by DPAC (Delaware Police
Accreditation Commission). The Dover Police Department is one of only
eight departments in the State of Delaware to have the prestigious honor of
National Accreditation. The Dover Police Department recently completed
their sixth assessment and in March 2015 were selected by the
Commissioners of CALEA to receive re-accreditation, which is the Gold
Standard for Public Safety.
Robert Scott, Crime Analyst/Accreditation Manager
Página 36
City of Dover Police Department
Annual Report
Complaints
Five Year Comparison
40,000
39,131
39,000
38,000
37,000
36,058
36,000 35,678
35,449
35,000 34,783
34,000
33,000
32,000
31,000
30,000
2011 2012 2013 2014 2015
Página 37
City of Dover Police Department
Annual Report
Total Group A Crime
Five Year Comparison
6,000 5,810
5,662
5,365
4,934 4,993
5,000
4,000
3,514 3,469
3,344
3,091 3,037
3,000
2,000
1,000
0
2011 2012 2013 2014 2015
TOTAL CLEARED
Página 38
City of Dover Police Department
Annual Report
Violent Crime
(Murder, Forcible Rape, Robbery, Aggravated Assault)
Five Year Comparison
400
353
350
326
306
300
278
248 243 250
250
220
200 194 193
150
100
50
0
2011 2012 2013 2014 2015
RECEIVED CLEARED
Página 39
City of Dover Police Department
Annual Report
Robberies
Five Year Comparison
90
78
80 76
68
70
63
60
50
50
40
30
20
10
0
2011 2012 2013 2014 2015
Página 40
City of Dover Police Department
Annual Report
Robbery Clearance Rate
Dover Police Department vs. Nation
80%
72.0%
70% 68.2%
65.4%
63.2%
60%
52.0%
50%
40%
33.2% 33.4% 34.0%
32.0%
30%
20%
10%
0%
2011 2012 2013 2014 2015
Dover PD Nation
NATIONAL FIGURES NOT AVAILABLE FOR 2015
Página 41
City of Dover Police Department
Annual Report
Burglaries
Five Year Comparison
160
146
140
128
120
100 98
80 81
80
60
40
20
0
2011 2012 2013 2014 2015
Página 42
City of Dover Police Department
Annual Report
Burglary Clearance Rate
Dover Police Department vs. Nation
80%
72%
70%
64%
62%
60% 58.1%
55%
50%
40%
30%
20%
13% 13.6% 14% 14%
10%
0%
2011 2012 2013 2014 2015
DOVER PD NATIONAL
NATIONAL FIGURES NOT AVAILABLE FOR 2015
Página 43
Drugs, Vice, & Organized Crime Section (DVOC)
The Drug, Vice, & Organized Crime Section is comprised of five officers who
work in an undercover or plain clothes capacity. All five officers working in
concert are committed to eliminating the use and sale of illegal drugs,
counterfeit merchandise, and prostitution from the City of Dover. The Gang
Intelligence Officer is assigned to the Drug, Vice and Organized Crime Section
and is responsible for intelligence gathering and criminal investigation of Gang
Members and Violent Offenders. Because of their dedication and commitment,
the DVOC Section handled a total of 1688 cases. As a result of these cases, the
unit seized a large number of illegal drugs and money.
Seizures
2014 2015 Percent Change
Marijuana (Grams) 5,750 11,704 104%
Cocaine (Grams) 777 2,204 184%
Heroin (Grams) 175 1,700 871%
Ecstasy (Doses) 0 533 N/A
Firearms 16 26 63%
Currency $174,068.00 $98,893.00 -43%
Case Total 1,726 1,688 -2%
Página 44
MEDICATION RETURN BOX
The secured box, located in the Dover Police Department lobby, is
available 24 hours a day, 7 days a week for the safe and secure disposal of
medications no longer needed. The box was given to the department by
the National Association of Drug Diversion Investigators (NADDI) as
part of a program to combat prescription drug abuse, sponsored by Endo
Pharmaceuticals and Zogenix. The box allows for a safe and secure
drop-off location where any citizen can anonymously drop unused
medications for safe and proper disposal. The Dover Police Department
is grateful for the approval by NADDI and looks forward to future
success in reducing prescription drug abuse. During 2015, 1,472.6 lbs. of
miscellaneous prescription pills were removed from the medication return
box.
Página 45
City of Dover Police Department
Annual Report
Crashes
Five Year Comparison
2,050
2,024
2,000
1,965
1,950 1,938
1,900 1,879
1,850
1,805
1,800
1,750
1,700
1,650
2011 2012 2013 2014 2015
Página 46
City of Dover Police Department
Annual Report
Traffic Arrests
Five Year Comparison
25,000
20,000 19,197
18,436
17,012
16,055
15,000 14,017
10,000
5,000
0
2011 2012 2013 2014 2015
Página 47
City of Dover Police Department
Annual Report
Extra Duty Billings
18
Página 49
Officer and Civilian of the Year 2015
Dover’s Finest
OFFICER OF THE YEAR
Patrolman First Class
James Johnson
CIVILIAN OF THE YEAR
Records Unit Clerk
Kelly Morgan
Página 50
2015
DOVER POLICE
ANNUAL
REPORT
Special Thanks to
Lt. Hermance
for the pictures included in this report.
Página 51
EXHIBIT #2
Regular Council Meeting of 03/28/2016
2015 Annual Report
Página 52
Planning, Zoning, Plan Review
Building Inspections
Fire Inspections, Investigations, Plan
Review
Licensing and Permitting
Parks and Recreation – Athletic Leagues,
Fitness Classes, Recreation Programming
Página 53
Downtown Development District
Página 54
Restoring Central Dover
Página 55
Downtown Success Stories
More to come in 2016!
Página 56
Garrison Oak Technical Park
• Uzin Utz Opening
• Garrison Energy Center Opening
• Park Infrastructure Completion
Página 57
Route 13 Redevelopment
• Winner Ford and Winner VW
• Farley Plaza and Uno Plaza
• Dover Towne Center (former
Walmart)
Página 58
Institutional Uses
• Booker T. Washington
Elementary School
• Delaware State University
Optics Building
Página 59
Permits Issued, 2011-2015
1,962 Building
Permits Issued
New Home
Construction:
2011: 48
2012: 37
2013: 50
2014: 44
2015: 60
Página 61
Planning Commission Board of Adjustment
Applications 2015
Annexations, Applications 2015
1
Unified Sign, 2 Variances
Dismissed, 1
Rezoning, 4 Site Plans, 9
Variances
on Hold, 1
Conditional
Uses, 4 Approved
Denied
Subdivisions, Variances, 1 Variances,
Miscellaneous 12
2
,6
Permits Reviewed for
Architectural Review Certification
2015
4
Building Permits
13 Reviewed by Staff
Building Permits
Reviewed by HDC
36
5 Sign Permits
Reviewed by Staff
Página 62
303 Fire Code Inspections
196 Certificate of Occupancy/Acceptance Tests
110 Administrative Walk Through Inspections
309 Life Safety Complaints
145 Fire Protection Permits
85 Fire Investigations
Fire Type Number Value of
Loss
Accidental 59 $2,590,950
Incendiary 13 $48,301
Undetermined 13 $192,301
TOTAL 89 $2,831,552
Página 63
Types of Inspections/Cases Entered
Annual Rental Housing
303
Inspections
Property Maintenance Exterior 582
Tall Grass and Weeds 642
No Valid Business License 84
No Valid Building Permit 58
6,724 Inspections Performed
Zoning 106
72% of Cases Staff Initiated
Dover City Ordinances 512
All Others 912
Total 3,341
Página 64
275 Buildings Registered Vacant
$139,600 Vacant Building Registration Fees
48 Active Dangerous Buildings
• 8 Demolished by City of Dover
• 2 Demolished by Others
• 6 Repaired by Owners
Página 65
43,588 patrons & visitors were recorded in the
John W. Pitts Recreation Center
3,200 (approx.) participated in our softball, field
hockey, lacrosse and volleyball leagues
3,000 attended summer Concerts on the Green
series
Total FY15 revenues
• $85,140 Leagues
• $23,300 General Recreation
• $10,400 Field/Building Rentals
• $ 7,260 Trips
• $ 6,950 Sports
• $ 24,000 Camps
Página 66
Challenger Sports
Indoor Field Hockey and
Ladies Lacrosse
New Soccer League
Summer Camps
Planning for Future Needs
• Bicycle & Pedestrian Plans
• Recreation Needs
Assessment
Página 67
Left: 1st Annual Ride of
Silence
Below: 3rd Annual Bike
to Work Day
Página 69
Certificate of
Excellence in Reliability
This is to acknowledge that
City of Dover
has achieved excellence in reliability by
significantly outperforming the electric
industry national average as reported by the
Energy Information Administration.
March 3, 2016
Date Michael J. Hyland
Senior Vice President,
Engineering Services
Página 70
Vision 2040
The Dover/Kent County MPO
Metropolitan Transportation Plan
2017-2040
Página 71
What’s an MPO?
The Dover/Kent County Metropolitan Planning Organization
(MPO) is an agency that aids in transportation planning and
programs for central Delaware.
The Dover/Kent County MPO formed in the early 1990s. The
agency is federally funded and not for profit.
MPOs exist all over the country, and have existed since the
1970s due to an act of Congress.
Página 72
Vision 2040
The Metropolitan Transportation Plan (MTP)is one of the
MPO’s core projects.
The MTP is a look at how central Delaware will take shape,
transportation-wise, over the next 20 or more years and
provides measurable goals for the region’s transportation
system.
Página 73
Vision 2040
The Plan is updated every four years, as is required of all MPOs.
Major projects found in the MTP are eligible for Federal
funding.
The Dover/Kent County MPO prepared its first long-range
transportation plan in 1996. Vision 2040 is the fifth update to
the original plan.
Página 74
Vision 2040
The MTP:
•Identifies transportation needs and strategies
•Guides transportation investment
•Shows that transportation-related projects will meet
federal air quality standards.
Página 75
Three primary goals of the MTP are:
• To move people safely & efficiently
• Strengthen communities
• Promote economic development
Página 76
What’s changed since the last MTP?
A new federal transportation bill:
The FAST Act (Fixing America’s Surface Transportation) was
signed into law in December 2015.
-FAST facilitates spending obligations through FY 2020.
- FAST provides a 5% and 8% increase in highway and
transit spending, respectively, for FY 2016.
-Spending will increase more than 2% per year for both
highway and transit projects after FY 2016.
Página 77
What’s changed since the last MTP?
Performance-based planning - The MPO and the Delaware Department of
Transportation (DelDOT) will establish criteria for measuring the performance of
various components of Delaware’s transportation system.
This type of planning was introduced in the last transportation bill, MAP-21, and
Vision 2040’s use of performance-based planning is a continuation of the previous
bill.
Decreased transportation funding - Delaware raised fees and tolls in 2015 to
provide additional revenue for maintenance and capital transportation projects.
Página 78
What’s changed since the last MTP?
Greater emphasis on freight - Federal directives outlined in MAP-21 noted
the economic importance of regional freight planning.
DelDOT recognized this, and in 2015, Delaware became one of the first
states to adopt a regional freight plan, which incorporates the freight
priorities of Delaware, Maryland, and Virginia into one, overall plan.
Página 79
Kent County is projected to
receive between $800 million
and $900 million for
transportation projects
between now and 2040,
based on historical trends.
Vision 2040 lists about 35 road
projects and 12 walk and bicycle
projects that are considered to be
"financially reasonable,” with an
estimated cost of less than $600
million.
Página 80
MTP project highlights (road)
•Camden Bypass (construction - FY 2021)
•Kenton Road (FY 2020)
•U.S. 13 Widening (FY 2021)
•Walnut Shade Road (no construction money)
•Route 1/N.E. Front Street GSI (FY 2018)
•Crawford Carroll Road extension (FY 2020)
Página 81
MTP Project Highlights (Bike/Pedestrian)
•U.S. 13 sidewalks in •Route 8 sidewalks
Dover (Dover High School)
•Senator Bikeway •Route 10 bike trail
Página 82
We need your input
From now through early August, the MPO will be on the
lookout for public input.
Take our survey, posted on our website:
www.doverkentmpo.org
Comment on social media
(Twitter: #DoverKentMPOVision2040Survey)
Visit our booth
us at public events
Join us at our public
workshop this summer
Página 83
Other Ways to Comment
Phone: (302) 387-6030
Write us: P.O. Box 383, Dover, DE 19903
E-mail me: kate.layton@doverkentmpo.org
Drop by the office, third floor, Camden Town Hall, 1783 Friends Way,
Camden, DE 19934 or attend one of our meetings. Our meetings are
posted on our website (www.doverkentmpo.org)
Página 84
June 2016
• MPO seeking public input • MPO outreach ends to
for transportation issues. • MPO holds public workshop incorporate information into
for Vision 2040. the draft MTP update
March –
August 2016 Fall 2016
Página 85
January 2017
• Final draft of MTP goes • If MPO Council approves draft,
through 30-day public final document goes to FHWA
• Draft MTP goes before MPO
and FTA
comment period. Council for approval.
Fall 2016 January 2017
Página 88
PETITION TO ANNEX AND REZONE PROPERTY
Public Hearing Before the
Dover City Council
April 11, 2016
Applicants/Owners: Capitol Cleaners & Launderers Inc.
Property Address: 1102 South State Street
Tax Parcel ID #: ED-00-086.05-01-46.02-000
Size: 6,331 SF
Present Use: Commercial
Proposed Use: Commercial
Comprehensive Plan Designation: Category 1 – High Priority Annexation Areas
Comprehensive Plan Land Use Designation: Commercial
Present Zoning: BG (General Business)
Proposed Zoning: C-2A (Limited Central Commercial)
Utility Availability: The property is currently served by City of Dover Electric and
Water. There is sanitary sewer service available to the north of this
property, specifically within the property of 1074 South State
Street, to serve this property, private easement agreements will be
required from 1074 and 1086 South State Street. The property
owner would be responsible for the costs associated with tapping
the sanitary sewer mains extending services to the property,
payment of impact fees, costs of all private easements and
obtaining permits associated with such improvements.
Planning Commission
Recommendation: Following a public hearing on March 21, 2016, where no members
of the public spoke regarding the proposed annexation and
rezoning, the Planning Commission voted in favor of the
annexation with the proposed C-2A zoning with five (5) votes in
favor and no votes in opposition (four members absent).
File Number: AX-16-01
Página 89
AX-16-01- Lands of Capitol Cleaners and Launderers Inc.
Report to City Council – April 11, 2016
Page 2 of 3
This application is for the annexation and rezoning of property located at 1102 South State
Street. The property is owned by Capitol Cleaners and Launderers Inc. The Tax Parcel
Identification Number is ED-00-086.05-01-46.02-000.
Existing Property:
The property consists of one parcel located on South State Street, north of the intersection with
South DuPont Highway. The parcel includes the front portion of an existing building. The
property line goes through the building. The rear portion of the building (on a separate lot) has a
different owner and is not proposed for annexation.
Surrounding Land Uses:
The surrounding uses are commercial properties. Surrounding properties located in
unincorporated Kent County are zoned BG (General Business). The properties located
immediately north of the subject property are zoned C-2A in the City of Dover. The properties
across South State Street are zoned C-4 (Highway Commercial) and SC-2 (Community Shopping
Center).
Comprehensive Plan:
In the 2008 Comprehensive Plan, this property is identified as a Category 1 (High Priority)
Annexation Area with a land use classification of Commercial.
Request for C-2A (Limited Central Commercial Zone)
The types of permitted uses in the C-2A (Limited Central Commercial Zone) are given Article 3
§14 of the Zoning Ordinance, and include the following: retail stores; business, professional or
governmental offices; personal service establishments; restaurants; service establishments;
hotels; places of public assembly; drive-throughs; one family residences, including attached and
semi-detached dwellings, complying with the bulk standards of the RG-1 (General Residence)
zone; apartments and multi-family dwellings. The following are permitted as conditional uses,
subject to approval by the Planning Commission: parking lots and structures; and fuel pumps
accessory to a permitted use.
Recommendation of the Planning Staff and Planning Commission
Staff recommends that annexation of the property and the rezoning to C-2A (Limited Central
Commercial) be approved as submitted. The subject property is in the City’s Category 1 (High
Priority) Annexation Area. The proposed zoning classification is consistent with the
Comprehensive Plan and with the zoning of the immediate area.
Staff recommendation was made prior to the opportunity for public comment on the annexation
and rezoning application. Following a public hearing on March 21, 2016, where no members of
the public spoke regarding the proposed annexation and rezoning, the Planning Commission
voted in favor of the annexation with the proposed C-2A zoning with five (5) votes in favor and
no votes in opposition (four members absent).
Página 90
AX-16-01- Lands of Capitol Cleaners and Launderers Inc.
Report to City Council – April 11, 2016
Page 3 of 3
Excerpt from DRAFT Planning Commission Minutes of March 21, 2016
1) AX-16-01 Lands of Capitol Cleaners & Launderers, Inc at 1102 South State Street –
Public Hearing and Review for Recommendation to City Council of an Annexation
Request and Rezoning Request for one parcel of land totaling 6,331 S.F. ± located at
1102 South State Street. The property is currently zoned BG (General Business District)
in Kent County. The proposed zoning for the property is C-2A (Limited Central
Commercial Zone). The property is located west of South State Street and north of State
Street Road and South DuPont Highway. The annexation category according to Dover’s
2008 Comprehensive Plan is Category 1: High Priority Annexation Area and the land
use classification is Commercial. The owner of record is Capitol Cleaners & Launderers,
Inc. Address: 1102 South State Street. Tax Parcel: ED-00-086.05-01-46.02-000.
Representatives: None
Mrs. Townshend stated that this is a small annexation application. It’s a property that is just over
6,000 S.F. This is actually an interesting circumstance because the property line goes through a
building and the two properties associated with the building have different owners. This is the
front portion of the building and the property is located at 1102 South State Street. The property
is owned by Capitol Cleaners & Launderers, Inc. The current zoning in Kent County is BG
(General Business District) and the proposed zoning in the City is C-2A (Limited Central
Commercial Zone). Currently, they receive City of Dover electric and water and they are looking
to get into the City’s sewer system. This is directly south of the dental office that came to the
Commission about one year ago and is currently under construction. Her understanding from
the property owner is that they are working with the property owner to the north to secure an
easement to get the sewer to their property. It is in a Category 1: High Priority Annexation Area
with the land use classification as Commercial. The property immediately north is zoned C-2A
(Limited Central Commercial Zone) and that is consistent with the zoning requested by this
property owner. Staff would recommend in favor of the annexation and the zoning classification
noting that this is one of the enclave areas of high priority annexation area.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Mr. Cregar questioned if we want to attach C-2A (Limited Central Commercial Zone) at this
point in time? Responding to Mr. Cregar, Mrs. Townshend stated yes.
Mr. Cregar moved to recommend approval to City Council for AX-16-01 Lands of Capitol
Cleaners & Launderers, Inc. at 1102 South State Street. They recognize that this property is in a
high priority area and he would move that they recommend that this annexation be approved
and that it be recommended for C-2A (Limited Central Commercial Zone) upon its inclusion into
the City, seconded by Mr. Holden and the motion was unanimously carried 5-0 by roll call vote
with Colonel Welsh, Dr. Jones, Ms. Still and Mr. Ambruso absent. Mr. Holden voting yes, due to
Staff comments and its positioning in a high priority annexation area. Mr. Cregar voting yes, for
the same reasons. Mr. Holt voting yes; it is in a high priority area and he thinks it’s going to be
good for City. Mr. Baldwin voting yes, for the reasons previously stated. Mr. Tolbert voting yes;
it’s consistent with what they want to accomplish.
Página 91
City of Dover Application No.: AX-16-01
Department of Planning & Inspections
C-2A
SC-2
Sta te St
Site
C-4
d
tR
ree
St
a te
St
y
t Hw
p on
Du
C-4
Title: Lands of Capitol Cleaners & Launderers
Legend
Address: 1102 South State Street Dover Boundary
Parcel ID: ED-00-086.05-01-46.02-000
Proposed Zoning: C-2A (Limited Central Commercial Zone) Zoning
Owner: Capitol Cleaners & Launderers, Inc. Dover Parcels
Date: 2/2/2016
Kent County Parcels
Subject Property
« 0 60 120 240 Fee t
2012 Buildings
Página 92
C F
I I
AX-16-01 T R
Y E
CITY OF DOVER
O M
DEVELOPMENT ADVISORY COMMITTEE F A
R
APPLICATION REVIEW COMMENTARY
D S
th
D.A.C. MEETING DATE: March 9 , 2016
O H
V A
E L
R
APPLICATION: Lands of Capitol Cleaners & Launderers, Inc. at 1102 South State Street
FILE #: AX-16-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Timothy P. Mullaney Jr., Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. This office has no objection to the annexation or rezoning.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2012 NFPA Life Safety Code (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2012 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Página 93
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: MARCH 2, 2016
APPLICATION: LANDS OF CAPITOL CLEANERS & LAUNDERERS,INC.
AT 1102 SOUTH STATE STREET
FILE #: AX-16-01
REVIEWING AGENCY: City of Dover Electric and Public Works Departments
CONTACT PERSON: Paul Waddell - Electric
Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. Our office has no objections to the proposed annexation of tax parcel ED-00-086.05-01-46.02-000
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. None
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC / WATER
1. None.
WATSTEWATER
1. As per the Petition to Annex and Rezone Property, as heard by the City of Dover Utility Committee, February 22,
2016, please find the following:
a. The property is currently served by City of Dover Electric and Water. There is sanitary sewer service available to
the north of this property, specifically within the property of 1074 South State Street, to serve this property, private
easement agreements will be required from 1074 and 1086 South State Street. The property owner would be
responsible for the costs associated with tapping the sanitary sewer mains extending services to the property,
payment of impact fees, costs of all private easements and obtaining permits associated with such improvements.
Wastewater infrastructure must be installed in accordance with the requirements of the City of Dover Water /
Wastewater Handbook.
Página 94
Lands of Capitol Cleaners & Launderers, Inc., 1102 South State Street
File #: AX-16-01
March 2, 2016
Page 2 of 2
SANITATION
1. The City of Dover will only provide sanitation service to residential properties. Therefore, this property shall be served
by a private contractor.
STORMWATER / STREETS / GROUNDS
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE
C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Página 95
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
March 2016
APPLICATION: Lands of Capital Cleaners & Launders Inc.
FILE #: AX-16-01
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE
FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE
APPLICANT:
Source: 2014 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. Kent Conservation District has no objection to the annexation and rezoning of the above referenced site.
ADVISORY COMMENTS TO THE APPLICANT:
1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and
exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted and
approved to the Kent Conversation District.
Página 96
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
D.A.C. MEETING DATE: March 2, 2016 T
===============================================================
APPLICATION: Lands of Capitol Cleaners & Launderers, Inc. at 1102 South State
Street.
FILE#: AX-16-01 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Jonathan T. Moore PHONE#: 760-2145
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
DelDOT has no comments regarding city & state code at this time.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
DelDOT has no recommendations at this time.
ADVISORY COMMENTS TO THE APPLICANT:
DelDOT has no advisory comments at this time.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the planning department as soon as possible.
Página 97
PREPARED BY: TAX MAP PARCEL NO.
City of Dover ED-00-086.05-01-46.02/000
PO Box 475
Dover, DE 19903-0475
MAYOR AND COUNCIL
COUNCIL RESOLUTION NO. 2016-01
APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER.
WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City
in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§ 101); and
WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include an area
contiguous to the present City limits, and hereinafter more particularly described, within the limits of the
City of Dover; and
WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all owners of
all property considered for annexation, no election shall be required. For an annexation petition not
requiring an election, such petition shall be processed in accordance with procedures established for
amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All annexation petitions
shall be processed concurrently with the rezoning of the property considered for annexation and shall be
subject to public hearing before City Council. Public notice shall be completed in accordance with the
provisions of the Dover Code relating to amendment of the zoning map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware,
along with all adjacent paths, sidewalks, roadways, and rights-of-way in their entirety, shall be annexed to
and included within the limits of the City of Dover:
ALL that certain tract, piece or parcel of land situated on the Westerly side of South State
Street (Also known as U.S. Route #113A) leading from U.S. Route #13 at Cooper’s Corner
to Wyoming Avenue and being more particularly described according to a plan prepared by
Gerald A. Donovan Associates, Inc., dated April 2, 1979 reference CL-96-2 as follows.
Beginning at an iron pipe in the Westerly side of South State Street at the Northeasterly
corner for this subject land and land now or formerly of Elma P. LeCompte and L. Leslie
H/H (deed reference T-25-292). This point is located N 23° 43' 07"E 200.00 feet from a
concrete monument in the Westerly side of South State Street at the Southeasterly corner for
lands about to be conveyed to Robert M. Duncan and lands now or formerly of Thomas M.
McGinnis and Evelyn E. H/W (deed reference W-16-184). Thence from said beginning
point and by a line along the Westerly side of State Street; 1) S 23° 43' 07"W 80.00 feet to
a point in said side of State Street at a corner for land now or formerly of David B. Greene
Página 98
ANNEXATION RESOLUTION - 1102 SOUTH STATE STREET PAGE 2
and Edwena L. H/W (being a residue of deed reference X-23-102 and a corner for lands
about to be conveyed to Robert M. Duncan). Thence with said Green-Robert M. Duncan
land the following 4 courses of distances 2) N 89° 17' 32"W 70.51 feet to a point (in line of
lands about to be conveyed to Robert M. Duncan and a corner for lands about to be
conveyed to Earl Duncan). 3) N 0° 45' 16"E 47.90 feet (intersecting a building wall and
partition wall at approximately 29.16 feet) to a point in a partition wall. Thence continuing
with a partition wall; 4) S 89° 14' 44"E 1.23 feet to a point in a partition wall. Thence
continuing in part, with a partition wall; 5) N 0° 45'16"E 26.16 feet (exiting said building at
approximately 12 feet) to a point at a corner for said lands about to be conveyed to Earl
Duncan in line of land of the aforesaid LeCompte. Thence with said LeCompte land;
6) S 89° 02' 54"E 100.49 feet to the point of Place of beginning. Containing within the
above described courses and distances 6,331+/- square feet.
To the extent it is situate on the property described above, said property is expressly subject
to a road easement, the nature and extent of said easement and its location being described
hereinafter. To the extent that said road easement is not situate upon the property described
above then granted and conveyed herein is a road easement, the nature and extent of said
easement and its location being described hereinafter. This road easement is an easement
for ingress and egress from each of the properties contiguous with the easement to South
State Street, Dover, Delaware, including all business traffic reasonably associated with the
businesses located on the said contiguous properties.
The said road easement shall be fifteen feet (15 ft) in width having as its reference line one
of the boundary lines of the said contiguous properties said line from its point of beginning
running North 89° 17' 32" West a distance of 136.05 feet; said point of beginning being
located on the west side of South State Street (aka U.S. Rt. 113A) leading from U.S. Rt. 13
at Cooper’s Corner to Wyoming Avenue and being more particularly found N 23° 43' 07"E
a distance of 120 feet from a concrete monument located on the west side of South State
Street in the boundary line between lands about to be conveyed to Robert M. Duncan and
lands now or formerly of Thomas M. McGinnis, et ux (Deed Ref. W-16-184), 5 feet of said
easement shall be north of said reference line and 10 feet shall be south of said reference
line.
2. That the above described property shall be annexed into the City of Dover with a zoning
classification as set by City Council and in accordance with the zoning map and environs then in force,
effective upon such lands being included within the limits of the City of Dover.
3. That the certified copy of this resolution of annexation, together with a plot of the area annexed,
shall be filed for record with the Recorder of Deeds of Kent County.
Página 99
ANNEXATION RESOLUTION - 1102 SOUTH STATE STREET PAGE 3
4. That the effective date of this resolution shall be the 12th day of April, 2016 at 12:01 a.m.
ADOPTED: *
S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\2016\RESOLUTION NO. 2016-01 ANNEXATION - 1102 SOUTH STATE STREET\2016-01 - Approval Resolution - Annexation - 1102 South State Street
for Packet-No Referendum.wpd
ROBIN R. CHRISTIANSEN
MAYOR
TIMOTHY A. SLAVIN
COUNCIL PRESIDENT
Página 100
FINAL READING
CITY OF DOVER PROPOSED ORDINANCE #2016-08
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
3 LOCATED AT 1102 SOUTH STATE STREET
4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
5 the limits of the City of Dover; and
6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use
7 of property described below from BG (General Business District) (Kent County zoning
8 classification) to C-2A (Limited Central Commercial Zone) (City of Dover zoning classification).
9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
10 OF DOVER, IN COUNCIL MET:
11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
12 Ordinance of the City of Dover have been amended by changing the zoning designation from
13 BG (General Business District) (Kent County zoning classification) to C-2A (Limited
14 Central Commercial Zone) (City of Dover zoning classification) on that property located at
15 1102 South State Street (on the west side of South State Street and north of South DuPont
16 Highway), consisting of 6,331+/- S.F., owned by Capitol Cleaners and Launderers, Inc.
17 (TAX PARCEL: ED-00-086.05-01-46.02-000; PLANNING REFERENCE: AX-16-01)
18
19 ADOPTED: *
20 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-08 REZONING-ANNEXATION - 1102 SOUTH STATE STREET\Ordinance #2016-08 Rezoning Property at 1102 South State Street-Final
21 Reading.wpd
22 Actions History
23 April 11, 2016 - Scheduled for Public Hearing/Final Reading - City Council
24 March 21, 2016 - Planning Commission - Review
25 March 14, 2016 - Council Committee of the Whole/Utility Committee Report - City Council
26 February 23, 2016 - Review - Utility Committee
27 February 8, 2016 - First Reading - City Council
Página 101
PETITION TO AMEND ZONING ORDINANCE TEXT
Report to the
Dover City Council
April 11, 2016
Proposed Change: Amendment to Zoning Ordinance, Article 3 –District Regulations,
Section 1 – One-family residence zones, Subsection 1.1 – Uses
permitted, Subsection 1.15 – Accessory uses to regulate the
keeping of chickens within the one-family residence zones.
Summary of Amendment: The proposed amendment would eliminate the language that
allows the keeping of not more than 25 fowl within the one-family
residence zones and add a subsection to allow for the keeping of
chickens for domestic purposes, subject to certain requirements.
At the first reading before City Council a question came up about
whether the code prohibits the keeping of roosters. After reviewing
the Animal Control section of the code, it was determined that
roosters are not prohibited. Therefore, staff proposes that a new the
following be added between lines 38 and 39:
vii. Keeping of roosters shall be prohibited.
Planning Commission
Recommendation: Following a public hearing on March 21, 2016, where no members
of the public spoke with regard to the proposed ordinance, the
Planning Commission voted 4-0 (four members absent, one
member abstaining) in favor of the proposed ordinance, including
the recommended staff amendment.
Ordinance Number: Staff Substitute #1 for Proposed Ordinance #2016-01
File Number: MI-16-02
Página 102
MI-16-02 –Report to City Council
Page 2 of 3
Excerpt from DRAFT Planning Commission Minutes of March 21, 2016
7) MI-16-02 Text Amendment: Keeping of Domestic Animals and Keeping of Chickens – Public
Hearing and Review for Recommendation to City Council on a series of Text Amendments
to Zoning Ordinance, Article 3 – District Regulations, Section 1.15d. The proposed
Ordinance revisions would amend the accessory uses of the One Family Residence Zone
regarding the provisions of keeping of domestic animals and add Article 3, Section 1.15e
pertaining to the keeping of chickens and the associated restrictions. Staff Substitute #1 for
Ordinance #2016-01. The Public Hearing and Final Reading before City Council on April 11,
2016.
Representatives: None
Mrs. Townshend stated that this was a proposed amendment to the Article 3 District
Regulations, Section 1 One Family Residence Zones, specifically relating to accessory uses
within the one family residence zones. Many of the other residential zones also refer back to the
one family residence zones so this applies beyond simply the one family residence zones. What
this would do is change some language. It would make it clear that keeping of domestic animals
as pets would be permitted and takes out the references to allowing up to twenty-five (25) foul
but then creates a new subsection that would allow keeping of chickens for individual domestic
purposes subject to a number of restrictions. When this went before City Council for first reading
a question came up as to whether or not this would prevent the keeping of roosters. They
thought that had been addressed in the animal control section of the Code but upon review of
that section they determined that roosters are not prohibited anywhere in the Code. Therefore,
Staff is recommending that a line be added between lines 38 and 39 that would prohibit the
keeping of roosters. In terms of the restrictions that they would have on keeping of chickens,
you would have to have a quarter acre lot. You could not have more than five (5) chickens on a
residential lot and they would need to be registered with the Delaware Department of
Agriculture. The purpose of this registration is so if there is some type of avian virus they can
notify the owners of chickens. They would require that chickens be penned in a coop that would
be at least four (4) square feet per chicken and be located in a rear yard with a minimum of
twenty (20) feet from the side and rear yard property lines and that any odor associated with the
chickens would not be discernable from the property lines. By June 1st, the properties would
have to be in compliance. Properties that are not large enough to have chickens or that have
more than five (5) chickens or that are not penned in the proper way would need to be in full
compliance by June 1st.
Mr. Holden stated that he is going to abstain from the discussion and voting because he has a
bias since he has chickens of his own.
Mr. Cregar stated that he assumes this came about through City Council because there is a
problem. Responding to Mr. Cregar, Mrs. Townshend stated that there is an area in the City
where there are chickens on a residential lot that the odor is discernable from beyond the
property lines and neighbors are concerned.
Mr. Baldwin questioned how many chickens this person has? Responding to Mr. Baldwin, Mrs.
Townsend stated that she thinks it was six (6).
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public
hearing.
Página 103
MI-16-02 –Report to City Council
Page 3 of 3
Mr. Holt questioned if roosters were more of a problem? Responding to Mr. Holt, Mrs.
Townshend stated that they are noisy.
Mr. Cregar moved to recommend approval to City Council for MI-16-02 Text Amendment:
Keeping of Domestic Animals and Keeping of Chickens (inclusive of the staff-proposed
amendment), seconded by Ms. Holt and the motion was unanimously carried 4-0 by roll call
vote with Mr. Holden abstaining and Colonel Welsh, Dr. Jones, Ms. Still and Mr. Ambruso
absent. Mr. Cregar voting yes. Mr. Holt voting yes. Mr. Baldwin voting yes. Mr. Tolbert voting
yes.
Página 104
C F
M I-16-02 I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: February 3rd, 2016 D S
O H
V A
E L
R
APPLICATION: Text Amendment: To Disallow Keeping of Fowl
FILE #: MI-16-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Timothy P. Mullaney Jr., Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. This office has no objection to the text amendment.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2012 NFPA Life Safety Code (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2012 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Página 105
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: JANUARY 27, 2016
APPLICATION: TEXT AMENDMENT: TO DISALLOW KEEPING OF
FOWL
FILE #: MI-16-02
REVIEWING AGENCY: City of Dover Electric and Public Works Departments
CONTACT PERSON: Paul Waddell - Electric
Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: ELECTRIC - 302-736-7070 PUBLIC WORKS – 302-736-7025
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. Our office has no objections to the proposed text amendments.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. None
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE
C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Página 106
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
D.A.C. MEETING DATE: January 27, 2016 T
===============================================================
APPLICATION: Text Amendment: To Disallow Keeping of Fowl
FILE#: MI-16-02 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Jonathan T. Moore PHONE#: 760-2145
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
DelDOT has no comments regarding city and state code at this time.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
DelDOT has no recommendations at this time.
ADVISORY COMMENTS TO THE APPLICANT:
DelDOT has no advisory comments at this time.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the planning department as soon as possible.
Página 107
FINAL READING
CITY OF DOVER
STAFF SUBSTITUTE #1 FOR
PROPOSED ORDINANCE #2016-01WITH STAFF AMENDMENT #1 (SA#1)
(Staff Amendment #1 Indicated in Yellow Highlight)
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Appendix B - Zoning, Article 3 - District Regulations, Section 1 - One-family residence zones
4 [(R-20, R-15, R-10, R-8 and R-7)], Subsection 1.1 - Uses permitted, Subsection 1.15 - Accessory
5 uses, limited to the following of the Dover Code be amended by deleting the text indicated in red
6 strikeout and inserting the bold, blue text, as follows:
7 1.15 Accessory uses, limited to the following:
8 (a) Professional office or studio of an artist, dentist, musician, teacher, or physician, but
9 not including veterinarians, provided that:
10 i. Such office or studio is incidental to the residential use of the premises and is
11 carried on by a resident thereon with not more than one nonresident assistant; and
12 ii. Such office or studio shall occupy not more than 30 percent of the area of one
13 floor of the main building.
14 iii. Studios where dancing or music instruction is offered to groups in excess of four
15 pupils at one time or where concerts or recitals are held are prohibited.
16 iv. Medical centers, barbershops, beauty parlors, real estate offices, funeral homes
17 or similar uses shall not be considered permitted accessory uses.
18 (b) Garden house, tool house, playhouse, greenhouse or pool incidental to the residential
19 use of the premises and not operated for gain.
20 (c) Private garage, provided that, in the case of a one-family dwelling, such garage shall
21 have a capacity of not more than three passenger automobiles. One such space may be
22 leased to a person not [a] resident on the premises.
23 (d) Keeping domestic animals (except pigs) for individual domestic purposes or as pets,
24 provided not more than three (3) dogs over six months old, and not more than 25
25 fowl shall be permitted, and no animals (except dogs) or fowl shall be penned or
26 housed within 20 feet of any lot line.
27 (e) (Reserved.) Keeping of chickens for individual domestic purposes subject to the
28 following restrictions:
29 i. Keeping of chickens shall not be permitted on lots smaller than 10,890
30 square feet in lot area.
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SS#1 for Proposed Ordinance #2016-01 with SA#1 - Appendix B, Article 3, Section 1 Page 2
31 ii. No more than five (5) chickens shall be permitted on a residential lot.
32 iii. Chickens shall be registered with the Delaware Department of Agriculture.
33 iv. Chickens shall be penned in a coop that shall be at least four (4) square feet
34 per chicken.
35 v. All chicken coops shall be located in a rear yard and shall be a minimum of
36 20 feet from side and rear property lines.
37 vi. Any odor associated with the chickens shall not be discernable from
38 property lines.
39 vii. Keeping of roosters shall be prohibited.
40 viii. Any lot with chickens shall either comply with these requirements by
41 June 1, 2016 or remove the chickens.
42 (f) Dormitories accessory to schools, provided that such dormitories conform to the bulk
43 regulations of the RG-1 zone. For purposes of computing bulk requirements, each four
44 rooms shall be considered one dwelling unit. Parking shall be calculated as identified
45 in Article 6-Off-Street Parking, Section 3-Required off-street parking spaces,
46 Paragraph 3.1-Schedule of requirements.
47 (g) Customary home occupations, provided that:
48 i. No display of products, goods and/or signs shall be visible from the street.
49 ii. Such home occupation shall be incidental and secondary to the residential use of
50 the premises and shall be conducted in the principal building by the resident or
51 residents that reside therein.
52 iii. Nonresident assistants or co-workers shall be prohibited.
53 iv. Such home occupation shall not occupy more than 30 percent of the area of one
54 floor in the principal building.
55 v. There shall be no exterior effect such as noise, traffic, odor, dust, smoke, gas,
56 fumes, radiation, or electromagnetic interference.
57 ADOPTED: *
58 SYNOPSIS
59 The proposed amendment would regulate the keeping of chickens in one-family residence zones.
60 (SPONSORS: HARE, HUTCHISON, AND COLE)
61 Actions History
62 04/11/2016 - Scheduled for Public Hearing/Final Reading - City Council
63 03/21/2016 - Public Hearing - Planning Commission
64 02/22/2016 - Introduction/First Reading - City Council
65 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-01 APDX B-ZONING, ART 3, SEC 1, SUBSEC 1.15 ACCESSORY USES (FOWL)\Proposed Ordinance #2016-01 SS#1 with SA#1-Fowl-Final
66 Reading.wpd
Página 109
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole Meeting was held on March 29, 2016, at 6:00 p.m.,
with Council President Slavin presiding. Members of Council present were Mr. Anderson,
Mr. Sudler (arrived at 6:01 p.m.), Mr. Neil, Mr. Hosfelt, Mr. Hare (departed at 6:40), and Mr. Hutchison.
Mr. Lewis, Mr. Cole, and Mayor Christiansen were absent. Civilian members present for their
Committee meetings were Mr. Keller (Safety Advisory and Transportation), Mr. Blakeman and
Mrs. Stewart (Utility), and Mr. Shevock and Ms. Maucher (Legislative, Finance, and
Administration). Mr. Shelton (Safety Advisory and Transportation), was absent.
Mr. Neil moved to amend the agenda to change the order of the committees, as follows:
Legislative, Finance, and Administration Committee; Safety Advisory and Transportation
Committee; and Utility Committee. The motion was seconded by Mr. Hare and unanimously
carried.
LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Shevock moved for approval of the agenda, seconded by Mrs. Maucher and unanimously
carried.
Revenue Policy for Extra Duty/Voluntary Overtime - Annual Review of Hourly Rates
Members were advised that the City policy for Police Extra Duty/Voluntary Overtime provides for
an annual review of the hourly rates charged for extra duty to insure cost recovery for providing these
services. The hourly rates in the policy are developed based on the average rates paid each officer
by rank or the actual wage/benefit rate paid, depending on the service being provided. Each year
Staff prepares an analysis to determine if the extra duty revenues exceed the cost of the police officer
wages and benefits plus estimated overhead cost.
Mrs. Donna Mitchell, Controller/Treasurer, informed members that the rates were revised as a result
of the new Fraternal Order of Police (FOP) Collective Bargaining Agreement. She stated that Staff
did not recommend changing the special event rate at this time. Mrs. Mitchell explained that the
overhead and hourly rate for extra duty for Dover Downs events was not changed; however, Staff
may possibly bring this item back. She stated that Staff would analyze the rates again in July to
determine how the special event rates work out for the two (2) large events at Dover Downs in June.
Staff recommended approval of the proposed extra duty rates.
Mrs. Mitchell advised members that sometimes the actual rate plus the rate for workers’
compensation and FICA must sometimes be used for the Officer Extra Duty Billing Rates for Grant
Related Events, and stated that she would include a note to indicate this on the rate chart
(Attachment #1).
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COUNCIL COMMITTEE OF THE WHOLE
MEETING OF MARCH 29, 2016 PAGE 2
Responding to Mr. Hare, Mrs. Mitchell confirmed that Staff would bring the policy back for
revisions to ensure that the City is not losing money on it. She advised members that the City
generally broke even in FY 2015; however, she doubted that the City would break even in FY 2016
because, although the FOP raises were retroactive, the City had already billed several customers and
had been through several extra duty jobs. Mrs. Mitchell stated that the proposed rates would get the
City back on track for next year, so the City would not be losing money.
In response to Mr. Hutchison, Mrs. Mitchell stated that the proposed extra duty rates had been
reviewed by the Police Chief and all interested parties.
Mr. Neil moved to recommend approval of the proposed extra duty rates, as recommended by
Staff. The motion was seconded by Mr. Shevock and unanimously carried.
Review of Hospitality and Civic Function Policy
Mr. Hare stated that he had requested that members review the City’s Hospitality and Civic Function
Policy because he thought there was a need to look at what members of Council pay for and what
the City pays for. He proposed that, prior to an event, members submit their request to attend with
a one (1) paragraph explanation of how attending the event will benefit the City. Mr. Hare explained
that there had been occasions when individual members did not want to attend an event if they have
to pay for it but did want to attend if the City pays. He stated that his philosophy had always been
that if he wanted to go to an event, he would go whether or not the City pays for it.
Mr. Anderson expressed his opinion that some events are a given or an official duty. He stated that
he puts in the budget and attends events that he feels are really important. Mr. Anderson noted that
Council specifically budgets for the National League of Cities (NLC), which is all official business,
as well as the Delaware League of Local Governments (DLLG). He indicated, for instance, that
economic development relates to the Downtown Dover Partnership (DDP), and if Staff would be
paid and reimbursed to attend such events, it would only make sense that City Council would also,
since that is an organization that the City funds. Mr. Anderson felt that the City has a vested interest
in knowing what is going on with regard to this event, knowing who is participating, and in
supporting the awards involved. Mr. Anderson noted that the Robbins Hose Company was funded
by the City and expressed his feeling that events for City function or a City corporation, such as the
Robbins Hose Company or the Downtown Dover Partnership (DDP), should be a given and
members should not have to justify them each time.
Responding to Mr. Anderson, Mr. Hare clarified that the Fire Company does not charge members
of Council for their attendance, the Company pays for it. Mr. Hare noted that the City funds the
DDP but does not fund the Kent Economic Partnership. He felt that if members wanted to attend
the Economic Development Dinner, he would assume that they had attended all of the organization’s
meetings, know what is going on in this regard, and be able to submit a paragraph requesting that
it be paid for and explain that they are up to date on everything the Partnership had been doing.
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COUNCIL COMMITTEE OF THE WHOLE
MEETING OF MARCH 29, 2016 PAGE 3
Mr. Hare stated that the City is a member of the DLLG and some members of Council attend
the monthly dinner meetings. In regard to the NLC, Mr. Hare recalled that it was former Councilman
Francis Weyandt’s opinion that when members return from an NLC event, they should submit a
report regarding what they learned with their expense information, which kept a lot of people from
going. Mr. Hare noted that Mr. Weyandt’s philosophy was that members should pay for events up
front and then request reimbursement. Mr. Hare expressed his belief that too many members say
they will only attend an event if the City will pay for it and, considering the City’s current budget,
Council should not be in that situation.
Mr. Neil felt that it depended on the purpose of having the money budgeted, explaining that if the
purpose is to encourage members of Council to attend events to make sure that the Council is
represented, then it serves a good purpose. He stated that it does not hurt the taxpayers if an
individual member does not attend an event and the City is not paying for it. Mr. Neil did not see
a reason why members would have to submit a request indicating that they wanted to attend an event
because they think it is good, as opposed to attending because it is being paid for. He stated that it
would not cost the taxpayers any money if members do not attend an event, and he believed that the
conversation was moot.
Mr. Hare reminded members that the Mayor budgets for and represents the City at all of these
functions. He stated that the key question is whether members would go if they had to pay for it.
Mr. Neil stated his understanding that the purpose is to encourage members of Council, not just the
Mayor, to attend events in order to be exposed to what the event is and represent Council. He noted
that he recently went to Washington, D.C. for the Capitol Hill visit but is not submitting an expense
report for reimbursement because the City paid for the event and he felt that it was his duty to go.
Mr. Sudler stated that he agreed with Mr. Hare that members should provide a report or overview
after they attend an event because it is important to share the information. He thought that this
would provide transparency to the taxpayers and show them what the City is doing with the money.
Mr. Hare noted that the Kent Economic Partnership has meetings every month and Council has a
representative on the committee. He wondered whether members who do not attend the monthly
meetings would attend the Economic Development Dinner if the City was not going to pay for it.
Mr. Hutchison expressed his opinion that the policy should state that if a member signs up to go to
an event and the City pays for it but the member fails to attend, the member should be obligated to
reimburse the City.
Mr. Anderson stated that he agreed with Mr. Hutchison, except in cases when a member gets ill.
Mr. Hare moved to recommend that the Hospitality and Civic Function Policy be amended to
state that if a member goes to an event, depending on the size of the event, they will come back
and provide an update to Council regarding the benefits received from the event; if a member
goes to a National League of Cities (NLC) event, they would provide Council with a more
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COUNCIL COMMITTEE OF THE WHOLE
MEETING OF MARCH 29, 2016 PAGE 4
extensive report of what they learned; and if a member signs up to go to an event and the City
pays for it but the member fails to attend, the member will have to reimburse the City
(Attachment #2). The motion was seconded by Mr. Sudler and carried by a vote of eight (8)
yes (Anderson, Sudler, Hosfelt, Hare, Hutchison, Slavin, Shevock, and Maucher) and one (1)
no (Neil).
Proposed Ordinance #2016-10 Amending Chapter 2 - Administration, Article IV - Officers and
Employees, Division 8 - Deferred Compensation Plan (Sponsors: Cole and Koenig)
Mr. Scott Koenig, City Manager, advised that during their Regular Meeting of March 28, 2016,
Council approved the proposed amendments to Article XVII Employee Benefits, Section 3 -
Deferred Income of the City of Dover Personnel Policy (Employee Handbook), as recommended by
staff, stating that the changes to the Handbook would not become effective until the ordinance
amendments are adopted. He reminded members that the proposed amendments to the Handbook
reflected changes created by the Dover Organization of Employees (DOE) Collective Bargaining
Agreement as well as clarification regarding non-bargaining employees that are in the 401A Money
Purchase Plan. Mr. Koenig explained that Proposed Ordinance #2016-10 was the companion
document for the Handbook changes. In regard to DOE, he reminded members that there is an
existing labor agreement that creates the contractual authorization to modify the matching
contributions. In regard to non-bargaining employees, Staff wanted to get the Handbook changes
through, and Council authorized the Handbook changes with the condition that they not become
effective until the Code amendments are adopted.
Mr. Koenig reminded members that during the Committee meeting of March 15, 2016, he indicated
that Staff was working to incorporate all of the retirement related and medical benefits into correct
sections of the Code. He stated that this is a major project and, since that time, Staff had taken a step
back and decided only to bring forward clear language regarding the 401A Money Purchase Plan.
Mr. Koenig reviewed Proposed Ordinance #2016-10. Referring to Lines 33-34, he reminded
members that there is no longer an option for new employees to go into a defined benefit plan,
except uniformed police officers who have the option of joining the municipal government plan at
the State level.
Mr. Koenig explained that the language regarding contributions in Lines 38-39 and 44-45 would be
changed to refer to the plan document, noting that Staff was in the process of modifying the plan
document. He stated that the plan document for DOE had been modified and Staff had been
preparing a plan document modification that would affect non-bargaining employees if this
ordinance is adopted.
Mr. Koenig stated that the proposed amendments will change the 401A Money Purchase Plan
required contributions in accordance with the DOE Collective Bargaining Agreement and the City
of Dover Personnel Policy (Employee Handbook), and align definitions and eligibility requirements
with existing policies. He informed members that if Council adopts Proposed Ordinance #2016-10,
it would amend the contributions of non-bargaining employees from the current 3% minimum
match/6% maximum match over time to the 6% minimum match/9% maximum match. The
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COUNCIL COMMITTEE OF THE WHOLE
MEETING OF MARCH 29, 2016 PAGE 5
ordinance language relating to the 401A Plan for non-bargaining employees would mirror the
language that was adopted by Council for the DOE employees. Mr. Koenig stated that it would not
change the 401 contributions for the American Federation of State, County and Municipal
Employees (AFSCME) members or the International Brotherhood of Electrical Workers (IBEW)
members that are in this plan, and would have no effect on police officer pensions or employees that
are in the general pension plan.
Staff recommended adoption of Ordinance #2016-10.
Mr. Anderson stated that he would definitely favor the Proposed Ordinance but noted that it was left
completely open ended. He asked whether Staff had looked at an amendment to cap the contribution
at approximately $8,500, noting that the City can start capping the City match at some level.
Responding, Mr. Koenig stated that there was some discussion about this at the Committee level;
however, Staff did not do any calculations on the impact of a calculated match. He stated that if
Council wants those numbers, Staff would have to prepare them for the First Reading.
Mr. Anderson expressed concern regarding the open-ended nature of the Proposed Ordinance, noting
that the point of it is to make sure that all the employees have a minimum floor that is sufficient for
them to retire. He clarified that the point is to make sure that no employee that works for the City
retires in poverty, which he believed was a worthy public interest goal. Mr. Anderson explained that
in the future someone could get paid $200,000 and get a match for almost $20,000. He felt that there
should be a dollar amount cap on what the City matches, not on what an individual can contribute.
Mr. Koenig noted that he respected Mr. Anderson’s opinion; however, he stated that placing a cap
on the City match would not favor the higher income earners. He explained that the City had
gravitated away from simply talking about salary and looking at total compensation across the board.
Mr. Koenig felt that, in the long run, a cap would have a negative effect because it would treat people
differently as they move up in the income bracket. He stated that a flat fee or a flat percentage would
be the same, regardless of income bracket. Mr. Koenig advised that some people at that level are
contributing in excess of the 9%.
Mr. Anderson stated that this is not a completely unprecedented idea, noting, for example, that there
are dollar amounts, not percentages set for IRAs. He indicated that this would not discriminate
because it is available to everyone and the higher income people would still be able to put in the
same maximum percentage, according to their income. He was only suggesting a cap on the City
contribution.
Responding to Mr. Anderson, Mr. Koenig reminded members that there is no cap on the defined
benefit contribution, nor is there a cap on salaries in the police pension. He explained that only the
non-bargaining employees that are at a higher income level would be capped.
Mr. Anderson stated that the City does not pay the police pension. In response, Mr. Koenig clarified
that the City pays a percentage of payroll for the police pension.
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Responding to Mr. Neil, Mr. Koenig stated that if members disapprove and vote down Proposed
Ordinance #2016-10, then the non-bargaining group would not have a legal path forward to amend
the contributions. He explained that the DOE bargaining unit will move forward with the amended
contributions because of the DOE contract. If the ordinance is not passed, the City would not have
legal standing to refer back to a document that allows escalation of the contribution for
non-bargaining employees.
Mr. Neil agreed with Mr. Anderson’s point, noting that looking forward at the finances of the City,
the rich get richer. He stated that this is not a bad thing, but thought that it was something that
members needed to consider because they would be making an obligation down the line, which he
thought members should be very wary of.
Responding to Mr. Neil, Mr. Koenig agreed that this would be an obligation down the line; however,
he noted that it is a pay-as-you-go obligation, since there is not a future obligation once the payment
is made. He stated that he understood the point, but was unsure at what level the City would make
the cap. Mr. Koenig questioned whether it is a cap that would escalate over time and how often
Council would review the cap. He indicated that if Council caps the contribution, members would
be discussing this issue again, without question. Mr. Koenig reminded members that the
non-bargaining employees do not have a path to come and negotiate directly with Council because
they are not represented.
Mr. Hosfelt stated that he agreed with Mr. Koenig. He did not understand why members would want
to punish or hold back the City’s leaders, the department heads who make the decisions on a daily
basis. Mr. Hosfelt noted that these are the individuals who put everything together, including the
budget, Public Works, and the Police Department. He explained that members have trusted these
individuals and put them in positions of leadership and the City pays them a fair wage, but he did
not think that holding them back or putting a cap on this would be fair to them. Mr. Hosfelt
reminded members that other individuals have a way through negotiations to work this out, but the
non-bargaining employees do not have that opportunity and are out there on an island by themselves
and at the whim or the will of City Council. He did not see this as fair, noting that if it is good for
the lowest person on the pay scale in the Police Department or Public Works, then he thinks that it
is good enough for the City’s department heads.
Mr. Hare stated that when this was first brought up, it was relayed that it was to help the lower
income people so they would be able to retire and have something. He indicated that he agreed with
Mr. Anderson and Mr. Neil and, based on the research he had done, he was not aware of any other
city in Delaware that has a 9% match for all their employees, including all their upper management
employees. Mr. Hare stated that if this was done because the City is worried about the lower income
people, he would suggest that the City cap it at $100,000, and that would be a $9,000 maximum a
year. He noted that the City can always revisit this matter in a year, two (2) years, or three (3) years
if all of a sudden the salaries of 30 of the non-bargaining people were over $100,000. Mr. Hare
stated that he had never heard of a 9% match on a 401K anywhere, in private business or local
government. He explained that if it was done to help the lower income individuals, then he could
support it, but he agreed with Mr. Neil and Mr. Anderson.
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Mr. Shevock asked if the 9% being discussed was based on an employee’s total salary or what they
are putting in the 401K. Responding, Mr. Koenig stated that it is a percentage of the employee’s
base salary. He explained that under the new minimums, as it escalates, there will be a point where
the minimum is 6% that the employee must contribute, and the City will match up to 9%.
Mr. Koenig stated that the City has 40+/- non-bargaining employees and a certain percentage of those
employees are only going to contribute the minimum, while a couple of people are going to
contribute over 9%, so the City’s exposure would be up to 9%.
In response to Mr. Shevock, Mr. Koenig clarified that individual employees can go over the matches,
up to a certain amount of money. He stated that the current maximum is 6% and there are a number
of employees that are contributing more than 6% because they want to put additional funding into
their retirement. There are a few people that are currently contributing over 9%, who will probably
continue to contribute that amount of money. He stated that it is purely on an individual basis.
Mr. Sudler stated that he appreciated the initiative in regard to wanting to help out the lower income,
lower paid employees; however, he questioned how much the employees can realistically contribute
when they are currently having a hard time, not getting paid that much, and need money right now
to pay their bills and monthly expenses. Mr. Sudler thought it was fine if the individuals who have
the extra money can take advantage of it, but he did not think that the individuals at the lower end
would be able to contribute 9% the way that the economy is now.
Responding to Mr. Sudler, Mr. Koenig stated that any increase from 6% to 9% is voluntary and
individual employees make this decision based on whether they can afford to or want to do it, or
whether they want to make adjustments to do it. He clarified that this would move the minimums
from 3% to 6% and the maximums from 6% to 9%.
Mr. Hosfelt stated that this is a group of employees who have nobody to speak for them but the City
Manager, and they speak for themselves. He reminded members that these were the same people
that Council did not give a pay raise to last year and instead gave a bonus, which does not carry them
far. Mr. Hosfelt stated that Council hit them once, is now going to hit them again, and who knows
what this budget is going to bring. He noted that he sees this as a way to compensate good people
for good work. Mr. Hosfelt stated that he is very fortunate that he collects a pension, and he knows
how important that is. For those that do not have that ability to collect a pension, he saw this as an
important step. He did not think it matters whether Dover is the only city in the State that does this,
and believed that others should follow suit. Mr. Hosfelt stated that he thought this is a way to treat
the City’s employees for good work.
Mr. Neil stated that he did not regard asking for a cap at some point as being disrespectful and
thought that it is a very generous contribution; however, at 9%, he believed it deserved some
comment. He stated that the employees have the ability to contribute the maximum and go above
it if they want. In his opinion, it was a question of looking forward in the future for the City, not an
insult of the work that the leaders do. Mr. Neil noted that Council evaluates them and has a chance
to say how good they are and compliment them, etc. He stated that he thought that it would be a
little bit over generous at this time, looking down the road.
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Responding to Ms. Maucher, Mr. Koenig explained that currently the minimum is 3% and Staff is
proposing to escalate to 6% between now July 1, 2018. The maximum match right now is at 6% and
that would escalate and mirror proportionately to 9% between now and July 1, 2018, when 9%
would be the available number. He stated that the area between 6% and 9% is driven by what the
employee wants to do. They do not have to contribute more than 6%, but they have to contribute at
least 6% when those minimums are reached.
Ms. Maucher asked how much the City would contribute if an employee contributed 7%.
Responding, Mr. Koenig stated that if an employee contributed 7.25% and the max was above 7.25,
the City would match the contribution. He explained that it cannot be unbalanced towards the City
but it can be unbalanced towards the employee. There could be an employee who contributes 15%
of their salary, but the City’s exposure would be whatever the maximum is.
Ms. Maucher asked what the income ranges are for those who are contributing over the current 3%
up to 6%. In response, Mr. Koenig explained that the range for non-bargaining employees is
between the low to upper $30's, up to the mid $120's. He noted that there are administrative
assistants in confidential positions who are being paid in the upper $30's or perhaps low $40's, while
his position is in the mid $120's. Mr. Koenig indicated that there is a wide range in this area,
explaining that, at this point, a lot of the non-bargaining employees are in executive level
management; however, there are a number of confidential administrative assistant positions
throughout the organization that represent the lower end of that scale.
Mr. Neil moved to defer this matter for further discussion, seconded by Mr. Hosfelt and
unanimously carried.
South Bradford Street Streetscape Enhancements (Division Street to Loockerman Street) -
Transportation Enhancement Program Agreement
Mr. Scott Koenig, City Manager, informed members that the South Bradford Street Streetscape
Enhancements project consists of the design and preparation of contract documents, explaining that
it involves streetscape improvements along South Bradford Street from Loockerman Street to
Division Street. Improvements include curb and sidewalk replacement, American with Disabilities
Act (ADA) upgrades, curb ramp improvements, crosswalk improvements, and pedestrian lighting.
Mr. Koenig stated that this project is part of the transportation enhancement program through the
Delaware Department of Transportation (DelDOT), the application for this grant was initially filed
by the Downtown Dover Partnership (DDP), and the DDP was selected through a competitive
process. He explained that the conceptual side of this plan had come to an end and there must be
a contract in order to move forward. Since the DDP cannot entertain that contract, the project must
shift to the City of Dover to move forward. Mr. Koenig stated that the City’s exposure on the design
side is approximately $25,000 of the estimated $125,000 design fee. The City will cover that portion
of the agreement using either community transportation funding or funding from the street program.
He stated that this would basically lock the City into receiving State money, similar to a grant award.
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Mr. Koenig advised members that this project will enhance the sidewalks, add brick accents,
improve the landscaping, and improve the street lighting. He explained that since approximately
$1M will be spent on sidewalk and visual improvements, the City will also do the sewer and water
replacement along this corridor prior to the actual construction of the sidewalks, lighting, and other
improvements and will likely complete the paving afterward.
Mr. Koenig explained that this is only one (1) component of the overall project but this is the
component that has third-party funding. He stated that when the project goes to construction, there
will be an 80/20 match. Since it is a $1M construction project, the State will provide $800,000 and
the City must provide the 20% match, which can come from either community transportation
funding, street program funds, or other general fund projects that may finish under budget.
Mr. Koenig informed members that the conceptual design was just finished, design will take
approximately a year to finish, then construction would probably be 12 to 18 months away, which
will give the City time to replace the utilities and prepare for the sidewalk and lighting
enhancements.
Staff recommended authorization to execute the agreement to initiate the design for this streetscape
improvement project.
Mr. Neil moved to recommend authorization to execute the agreement to initiate the design for
the South Bradford Street Streetscape Improvement Project, as recommended by Staff. The
motion was seconded by Mr. Anderson and unanimously carried.
Mr. Hutchison moved for adjournment of the Legislative, Finance, and Administration
Committee meeting. The motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 6:40 p.m.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Councilman Hosfelt presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Neil and unanimously
carried.
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Proposed Ordinance #2016-09 Amending Chapter 98 - Streets, Sidewalks, Storm Sewers and
Other Public Places, Article I. - In General, Section 98-10 - Speed Reduction Devices;
Appendix A - Subdivisions, Article VI - Subdivision - General Requirements and Design
Standards, Section A - Streets, Paragraph 1; and Appendix B - Zoning, Article 10 - Planning
Commission, Section 2 - Site Development Plan Approval, 2.54 - Proposed Development
(Sponsors: Hosfelt and Cole)
During the Safety Advisory and Transportation Committee meeting of October 26, 2015, members
discussed prohibited speed reduction devices as a result of a discussion that took place at a
neighborhood meeting at the Greentree Shopping Center involving the owner of the property as well
as business owners. Mr. Hosfelt stated that he would like the Committee to continue this discussion
after a couple of months, which would allow him time to do further research, especially in regard
to speed cushions. He stated that this subject would not be put aside and was worth investigation.
During the Council Committee of the Whole/Safety Advisory and Transportation Committee
meeting of March 29, 2016, Mr. Hosfelt reminded members that some of the business owners in the
Greentree Shopping Center had expressed safety concerns which led to a discussion regarding
whether speed bumps or speed humps were permitted on private property. He stated that,
historically, the City of Dover had not had speed bumps or speed humps because the Police and Fire
Departments had always stood against them because of response times and safety for their people.
Mr. Hosfelt explained that after meeting with business owners in the Greentree Shopping Center,
he met with Police Chief Paul Bernat and the newly elected Fire Chief, Carleton Carey, Jr., to discuss
this concept. He reviewed a photo depicting a speed cushion, noting that it was unlike a typical
speed bump where the entire roadway is covered with an increased asphalt. Although he had not
seen a speed cushion in person, he had been informed that they were utilized in Harrington,
Delaware, where they were well used and liked.
Mr. Hosfelt explained that Proposed Ordinance #2016-09 would permit speed cushions on privately
owned commercial property. He indicated that the devices would be tested on private property and
at some point the City may desire to try them on a public roadway. Mr. Hosfelt advised members
that it appeared that installing these devices would satisfy business owners on private property. He
expressed his belief that two (2) of the biggest proponents would be the Greentree Shopping Center
and Eden Hill Medical Center, noting his understanding that some speed cushions had actually been
put in place by owners who had not been aware that the City was discussing this matter. Mr. Hosfelt
noted that comments regarding this proposal had been provided by Mr. Timothy Mullaney, Jr., Fire
Marshal, and Mr. Jason Lyon, Water/Wastewater Manager, Public Works Department, who were
not in favor of speed cushions.
In response to Mr. Hutchison as to how the devices are put in place and if they can be removed,
Mr. Hosfelt expressed his belief that they are bolted or secured in place and would not move around
the roadway. He stated that the width in the lane of travel between humps would allow for fire
apparatus, garbage trucks, and other large vehicles.
Mr. Neil stated his understanding that vehicles would have to slow down to approximately 25 miles
per hour before going over the speed cushions, which are slotted. He indicated that speed cushions
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had been discussed in regard to speeding issues on North State Street. Mr. Neil expressed his hope
that the Police Department had helped to slow down traffic in the North State Street area, noting that
he had not heard much about this recently.
Mr. Hosfelt stated that the proposal was not for public roadways like North State Street, noting that
there were similar speeding problems on Independence Boulevard in Bicentennial Village. He stated
that the intent was to use speed cushions strictly on private property and the cost would be the
responsibility of the business or property owner and not the City.
Mr. Hosfelt pointed out that Mr. Lyon had expressed concerns regarding possible damage to vehicles
and unnecessary stress on the vehicles and operators; however, Mr. Hosfelt did not see this as an
issue with the width and pathway specifications that had been built into the ordinance.
Mr. Scott Koenig, City Manager, stated his belief that the City did not pick up trash in the Greentree
Shopping Center, so the devices would not be a problem for trash collection vehicles. He noted he
was not really interested in the City collecting trash for large shopping centers; therefore, if this
became a problem for garbage trucks, the City would be willing to make this trade-off if necessary.
In addition, Mr. Koenig explained that the City does not plow large shopping centers, so there would
be no issue with snow plowing equipment. He expressed his belief that the statute should really just
be related to private streets, but noted the potential for gravitation to public streets. Mr. Koenig
stated that speed cushions could cause operational issues if installed on public streets because there
would be an associated cost. Given the level of frustration that some property owners have with this
issue, he felt that the devices were something that the City should try, noting that the ordinance could
be amended in the future if it does not work.
Mr. Hosfelt advised members that he had met with Mr. Koenig to get his comments and thoughts
on the Proposed Ordinance before bringing it to the Committee.
Mr. Hutchison expressed his opinion that the proposal was an excellent way to help the Police
Department address public safety issues and concerns since police officers cannot be everywhere.
He stated that Christiana Mall has speed bumps and they work in slowing traffic.
Mr. Neil moved to recommend adoption of Proposed Ordinance #2016-09, seconded by Mr. Keller.
Mrs. Traci McDowell, City Clerk, advised members that Mr. Mullaney had advised her that there
is a fire lane in front of the Greentree Shopping Center and stated her belief that this is where the
speed cushion was proposed to be installed. She noted that Line 27 of the ordinance prohibits use
of the devices in fire lanes and questioned if members wished to strike “fire lane” from this line of
the Proposed Ordinance.
Mr. Hosfelt advised members that the proposed change would strike through the two (2) words "fire
lane" in Line 27 of the Proposed Ordinance.
Mr. Neil and Mr. Keller stated that they were willing to include this change in the motion.
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Mr. Slavin questioned if speed cushions would be installed in both the front and rear of the Greentree
Shopping Center. Responding, Mr. Hosfelt stated that this would be the choice of the owner.
Mr. Slavin stated that the issue of speeding was more of a concern in the rear of the building.
Responding, Mr. Hosfelt indicated that he anticipated speed cushions would go in the rear of the
building first.
The motion to recommend amending Line 27 of Proposed Ordinance #2016-09 by striking the
words “fire lane” and to recommend adoption of the ordinance as amended (Attachment #3),
was unanimously carried.
Discussion - Assignment of Dedicated Police Athletic League (PAL) Officer
During the City Council meeting of February 22, 2016, members referred this matter to the
Committee for discussion.
Police Chief Paul Bernat provided an overview of the Police Department, noting that the Department
is currently authorized for 101 police officers and at full strength, but has recruits and officers in
training. He explained that six (6) officers would be in Field Training Officer (FTO) training
through May 14, 2016 and three (3) recruits are in the Delaware State Police Academy. Chief Bernat
informed members that the 101st officer, Mr. Timothy Mullaney, Jr., was hired on Monday,
March 28, 2016, noting that Mr. Mullaney is a certified officer (City Fire Marshal) and will receive
14 weeks of FTO before being released. Chief Bernat stated that there was one (1) officer with an
official resignation date of June 30, 2016 and four (4) officers are on light duty. He advised that a
lieutenant was beginning week three (3) of a ten (10) week training program at Northwestern Police
Command School this week, a detective was in week four (4) of a ten (10) week training program
in a Crime Scene Investigation (CSI) school, four (4) officers were getting ready to attend Special
Operations Response Team (SORT) training for 80 hours, and a K-9 officer was getting ready to
attend a 12-week training program from April through July.
Chief Bernat informed members that the Department has implemented the beginning stages of the
Police Athletic League (PAL) program and Master Corporal (MCpl.) Keith Hester was transferred
to PAL on February 7, 2016. He stated that MCpl. Hester has over 19 years of experience working
with youth and is an extremely dedicated youth police officer.
Chief Bernat reminded members that in January 2015, the Police Department requested 10 additional
police officers from City Council. The Department specifically asked for two (2) officers to be
dedicated to PAL, which could be confirmed by a review of the minutes of the Legislative, Finance,
and Administration Committee meeting of January 12, 2015. He explained that, when attending
meetings or speaking to the public, he is continually asked when the Department will start a PAL
program, and he felt it necessary to identify the PAL officer and begin the preliminary processes for
the program this past February. Chief Bernat indicated that with the PAL officer selected, the
background work had begun. Staff had met with Mr. Robert Jameson, Executive Director, Police
Athletic League of Delaware, and had been granted permission to start the City’s program under the
New Castle County Police Department’s umbrella for PAL. Chief Bernat informed members that
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the Dover Police Department is in the infant stages of starting a PAL basketball program, noting that
the start-up of the City-wide PAL basketball league will demonstrate to corporate PAL the City’s
capability and dedication to the program. He stated that once the program is completed and
measured, the Dover Police Department will have data to present to the PAL Board, which will allow
for the development of the sole City of Dover PAL organization. Chief Bernat estimated
incorporation for the Dover Police Department PAL in early Fall of 2016, noting that contact had
been made with Mr. Kevin Baird, Esq. to discuss this process and he was very willing to help.
Chief Bernat indicated that two (2) professional grade, safe basketball hoop systems and basketballs
had been purchased, t-shirts were on order for the summer leagues. He stated that the City’s Parks
and Recreation Department would provide two (2) additional hoop systems and would be an active
partner in the summer league. MCpl. Hester had received permission to use the courts at the
Elizabeth W. Murphey School, and he and Sergeant Robbins had repainted the outside basketball
courts on the Murphey School property. Chief Bernat noted that PAL basketball will be present at
community outreach events on April 1, 2016 and June 11, 2016. He stated that MCpl. Hester will
vet and train officers to fill positions at PAL program events, and these officers will be deployed
under extra duty protocols.
Chief Bernat advised members that a $580,000 grant had been received from the Joint Finance
Committee (JFC) and Attorney General Matt Denn last year, and 640 hours connected with this
funding is dedicated to community events. He explained that part of this funding would be used
toward the PAL program.
Chief Bernat explained that there are several moving parts in the Dover Police Department, and the
Department is moving in the right direction. He reminded members that he had been the Chief of
Police for two (2) years, and the past two (2) years had been very challenging. In 2015 the
Department experienced seven (7) retirements and 21 (62%) of the individuals in the Department’s
34 supervisory positions are new supervisors. Chief Bernat explained that the Police Department
is a young department that will be well trained and highly motivated to protect and serve the citizens
of Dover. He stated the importance of connecting with the community and that it was equally or
more important to connect with the youth because they are the future. Chief Bernat felt that the City
would be a better place to live if the Police Department could build a better rapport and
understanding of law enforcement officers for children in the community.
In response to Mr. Hosfelt, Chief Bernat confirmed that he intended for MCpl. Hester to be the
permanent PAL officer. He noted that MCpl. Hester would be eligible to retire in three (3) years,
and expressed his hope that the position could be civilianized after MCpl. Hester’s retirement.
Mr. Hosfelt questioned if the grant money that Chief Bernat mentioned paid for the extra duty
coverage. Chief Bernat stated that funds received from the JFC would cover 640 hours, which would
run out after one (1) year; however, the Department would look for other funding sources.
Mr. Anderson noted that the City previously had a PAL program that disappeared due to retirements
and other needs in the police force. He asked Chief Bernat whether the City had been better off with
or without the PAL. Responding, Chief Bernat expressed his opinion that the program makes a
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difference. He advised members that a couple of former participants had recently been hired by the
Department, noting that Detective Jordan Miller was one (1) of them. Chief Bernat felt that
changing even one (1) life makes a difference and stated that they would change more than one (1)
life.
Mr. Sudler thanked Chief Bernat for doing an excellent job. He asked if consideration had been
given to having someone provide education on juvenile delinquency and appropriate behavior, in
addition to the sports program. Responding, Chief Bernat stated that this would be a good idea.
Mr. Neil stated that in his youth he was led to believe that police officers were heroes. Noting the
temptations for young people, he felt it was important for young people to see police officers as the
good guys and he applauded their efforts.
Mr. Slavin indicated that his job would be to answer the questions of constituents. He questioned
the need for a master corporal to be the program lead. Noting the plan to civilianize the position,
Mr. Slavin inquired why the Department would not begin with a civilian division, stating his
assumption that there would be a difference in salary between a civilian and an officer position.
Responding, Chief Bernat explained that MCpl. Hester has 19 years of experience and he could not
think of a better person to get the program started. He stated that, as with a house, there was a need
to build a proper foundation or the program would collapse.
Mr. Slavin felt there would be an appearance that the City had authorized more officers than needed
to go out on the streets to deal with the threat of violence, if a master corporal, which is a fairly
significant position within the Department, was being placed on non-patrol duty. He felt that he
could better explain this to constituents since Chief Bernat had provided clarification.
Mr. Slavin asked if the force would be reduced by one (1) position if the position were civilianized.
In response, Chief Bernat indicated that he could not answer that right now but would be prepared
to do so.
Mr. Slavin stated his understanding that the authorized officer position would serve the PAL
purpose for three (3) years. He questioned if the need for the authorization would go away when the
position goes to the civilian side. In response, Chief Bernat felt that it was important to have at least
one (1) uniformed officer involved and that it was equally important to have the involvement of
retired officers, who do not cost as much. He reiterated the importance of having a good foundation
for the program.
Mr. Slavin stated that he was encouraged by a comment that Chief Bernat had made to him about
his philosophy of building the program where the kids are located by looking for connections in the
community, school, and places where they already gather and placing parts of the PAL program
there. He stated that he applauded this model, which had been used by the Boys and Girls Clubs for
a variety of their programs.
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Chief Bernat explained that Central Middle School would be the key area, noting that MCpl. Hester
had been a School Resource Officer at that location for 18 years.
Mr. Hutchison stated that Camp Barnes, run by the Delaware State Police; the Boys and Girls Club
in the City and throughout the State of Delaware; and PAL programs had been able to accomplish
a great deal over the years, and he felt there was nothing that the Dover Police Department could do
that would be more important than addressing the issues and concerns of young people. He stated
that the Police Department makes a difference and expressed the importance of a good foundation
that will allow an opportunity to build for the future, noting that people could be saved.
Mr. Hutchison stated that it is amazing how many individuals can be reached, noting that he serves
on the board of the Elizabeth W. Murphey School and 30 to 35 students go there on a regular basis.
He informed members that over 5,000 kids have gone through the Murphey School in the last
90 years and the establishment is still in business. Mr. Hutchison stated that he is a huge supporter
of taking care of youth but acknowledged that there is a cost involved. He felt that this was a good
cost because there is a benefit received.
Request For Left-Hand Turn Signals - Queen/Water Street and State/Water Street
Intersections
During their meeting of September 28, 2015, the Committee recommended endorsing a letter to the
Delaware Department of Transportation to study the Queen/Water Street and State/Water Street
intersections.
Mr. Scott Koenig, City Manager, informed members that in October 2015, he forwarded a request
from the City of Dover to Mr. Mark Luszcz, Chief Traffic Engineer, State of Delaware Department
of Transportation (DelDOT) regarding the potential installation of left turn signals at the
intersections of State/Water Street and Queen/Water Street. He informed members that he received
an official reply from Mr. Luszcz on Friday, February 26, 2016, which did not indicate that the
installation was needed; however, it also stated that if DelDOT did this installation there would only
be a minor degradation of the intersection function and it would prevent the City from asking for
additional study in the future. Mr. Koenig advised members that the State had basically acquiesced
and indicated that if the City wants the left-turn arrows installed, DelDOT will put them on the
design schedule and install them as soon as funding permits. Mr. Luszcz hoped that they would be
done in FY 17, which would begin July 1, 2016, and this would eliminate the need for DelDOT to
study this intersection going forward. Mr. Koenig indicated that, from staff’s standpoint, there had
been testimony that the arrows would be a reasonable improvement and he thought that most drivers
would concur. He expressed his opinion that, in this case, the City would be ahead of the curve in
transportation requests at these two (2) intersections.
Staff recommended authorizing the changes to the traffic signal phasing and allowing DelDOT to
program and implement the changes as soon as funding permits.
Mr. Hosfelt stated that he agreed with Staff’s recommendation.
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Mr. Hutchison moved to recommend authorizing the changes to the traffic signal phasing and
allowing DelDOT to program and implement the changes as soon as funding permits, seconded
by Mr. Anderson and unanimously carried.
Safety Concerns (Sudler)
The Elks Lodge - 217 North Kirkwood Street
Mr. Sudler informed members that the Kirkwood Street community and surrounding neighbors had
lost confidence in the ability of Dover Elks Lodge #1125, located at 217 North Kirkwood Street, to
provide adequate security and safety measures for the general well-being of their community. They
had reached out to the Lodge leadership and had not been able to come to a happy medium in regard
to a soft approach to solving their concerns. Mr. Sudler stated that in February 2016, a meeting was
held at City Hall to discuss various options for the current City ordinance and State doctrine to
classify the Elks Lodge as a nuisance property. Attendees included Council President Slavin;
Councilman Hutchison, who represented the Safety Advisory and Transportation Committee;
Councilman Sudler; Representative Sean Lynn, 31st District; Mr. Albert J. Roop, Department of
Justice; the Kirkwood Neighborhood Watch Executive Committee; and residents of Queen Street.
Mr. Sudler stated that another meeting was scheduled for April 6, 2016 at 11:00 a.m. at City Hall,
and indicated that he would update members regarding this meeting.
Mr. Hosfelt asked whether management from the Elks Lodge attended the meeting. Responding,
Mr. Sudler indicated that the group had been unsuccessful in contacting the management of the Elks
Lodge, although a community meeting was held with them in July 2015. He noted that a couple
community meetings had been held.
Mr. Anderson stated that meetings had been held with members of the community and an action plan
was agreed upon that included various facets, such as reviewing the type of music the DJ’s would
be playing and looking at hiring off-duty Dover police officers for random times so that there would
be someone with authority to move people who are in the streets. He explained that the music in the
area was loud and people would bring their own alcohol and set up their own parties outside, where
90% of the problems were occurring. Mr. Anderson stated that approximately nine (9) months had
gone by and none of the steps toward the action plan had occurred. Communication had broken off,
and this had been a continuing problem. Mr. Anderson expressed frustration, since the idea had been
to work with the Elks Lodge and the community on a solution, and a solution was agreed upon and
the neighbors did their part. The agreement was to form an active neighborhood watch association
and take other actions; however, the Elks Lodge part of the agreement never materialized, so only
half of the agreement had been kept, which was also a continuing problem.
Mr. Sudler stated that Police Chief Paul Bernat was also present at the first meeting and the Police
Department had been very supportive in trying to address the concerns of the Kirkwood Street
Neighborhood Watch and providing information. He indicated that the Neighborhood Watch was
working with the Dover Police Department to try to obtain feedback from the Elks Lodge leadership
to see if they would comply; however, no one appeared to be accessible to sit down and talk.
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COUNCIL COMMITTEE OF THE WHOLE
MEETING OF MARCH 29, 2016 PAGE 17
Mr. Slavin thanked Councilmen Sudler and Anderson for continuing to follow this issue. He advised
members that at one (1) of the related meetings he attended, a multi-pronged approach was
discussed. Those in attendance planned to check on the corporation and business license status of
the company, as well as their exemption from property taxes. Mr. Slavin stated his belief that under
their original charter they had set themselves up as a charitable organization, and there was some
question as to whether they are charitable. In addition, those in attendance planned to check with
the International Order of the Elks to see if this Lodge is in good standing, which would impact their
exempt status with the City. Mr. Slavin felt that something would be found that would help to get
to the root of this.
In response to Mr. Hutchison as to whether the police had any contact with the Elks organization,
Chief Bernat indicated that Major Marvin Mailey, Deputy Police Chief, had been trying to contact
this Lodge with negative results. He stated that he had heard that Mr. Dillard Christmas passed away
in a traffic accident approximately two (2) or three (3) weeks ago and Chief Bernat felt that this was
related to the difficulty in making contact with the Lodge. Chief Bernat advised members that the
number of related complaints being received had dropped somewhat, noting that only five (5) had
been received this year to date, including two (2) disorderly conducts with one (1) resulting in an
arrest, one (1) gone on arrival (GOA), and one (1) gunshot. After investigating the gunshot, it was
determined that an individual had shot themself in the leg. There was also a fraud-related domestic
complaint. Chief Bernat stated that the Community Policing Unit is involved and Master Corporal
Jennifer Lynch had attended two (2) neighborhood watch meetings that were held in February and
March 2016, and another meeting was scheduled for April. He advised members that the Police
Department is active in this area and was seeing some results. Chief Bernat stated the importance
of contacting the Elks Lodge management, noting that the Police Department had found in the past
that meeting with management seemed to get their attention.
Mr. Hosfelt stated his belief, based on past experiences, that the problems would return when the
weather warms up and people begin opening their windows again.
Mr. Sudler stated that members of the community were encouraged to call with their concerns;
however, they indicated that they did not want to call because they felt that if the police came to their
houses, they would be targeted and there would be retaliation. He advised that a vote had been held
regarding whether the community wanted the Elks Lodge to be closed and some people indicated
that they wanted to participate; however, they were afraid of being seen going to vote and being
targeted or retaliated against. Mr. Sudler felt that retaliatory acts play a significant role in complaints
from the community. He noted that he was glad that complaints had decreased, but did not feel that
this was a strong indicator. Mr. Sudler explained that his constituents had expressed that there was
no point in calling since they had been dealing with this issue for years and felt that nothing would
be done. He advised members that his constituents wanted something to be done, and he would like
to get something done on behalf of his constituents. Mr. Sudler stated that 10 years of complaints
had been reviewed and they had been extensive. He indicated that one (1) of the tactics planned to
be used now was to see how many complaints are received from the surrounding areas on Queen and
Cecil Streets, not just those from Kirkwood Street.
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COUNCIL COMMITTEE OF THE WHOLE
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Chief Bernat noted that Fulton Street seemed to be a hot spot now as well. He informed members
that a lot of extra-duty foot patrols were being used to saturate this area and they had been bringing
results.
Mr. Sudler indicated that Mt. Zion A.M.E.. Church has some concerns about a store in that area.
Mr. Hosfelt stated that if someone were to call and report a crime, police officers would not have to
show up on their doorstep. Chief Bernat concurred, stating that an individual reporting concerns
could request to remain anonymous or tell the dispatcher that officers should not come to their house
because they do not want retaliation. Although their information will appear on the dispatcher’s
screen, an individual can request that they not be contacted or request to remain anonymous.
Mr. Anderson stated that some people felt more comfortable making an appointment to talk with the
police at the police station instead of having someone come to their home, which was an option that
the Dover police made readily available. He indicated that looking at non-conforming use in
residential areas had also been discussed and felt that this should be looked at when there is a threat
to public safety. Mr. Anderson expressed his opinion that this should be an important part of the
City Code, not just for one (1) area but as a general principle. He indicated that he has no problems
with non-conforming uses but does have problems when such uses endanger people and there is no
mechanism for review. Mr. Anderson expressed the need to move forward quickly on that principle.
Hamlet Shopping Plaza
Mr. Sudler advised members that business owners and residents in the area of the Hamlet Shopping
Center were concerned about aggressive panhandling and youth gang activity in the Center, which
they feel have impeded their future potential profits and sales. He indicated that these business
owners and residents were orchestrating a commercial and residential neighborhood watch program.
Mr. Sudler informed members that a meeting was conducted at Tom’s Bullpen, 1035 Walker Road.
Attendees included Councilman Sudler; Council President Slavin; Representative Sean Lynn, 31st
District; Councilman Anderson; a Dover Police Department community police officer; and code
enforcement staff from the City. There were approximately 45-60 participants who voiced their
concerns and remedies were provided. Mr. Sudler stated the intent to hold a follow-up meeting in
approximately three (3) months to assess the increase or decrease in the activities that caused
complaints and offered to provide an update following that meeting.
Mr. Anderson questioned if, as a result of the meeting, the Hamlet residents and community had
worked with the Community Policing Unit to start a neighborhood watch association. Responding,
Mr. Sudler indicated that business owners and residents had exchanged information in this regard
and stated his intent to check with the point person to see how this was coming along.
Mr. Anderson felt, since the community was being proactive, that the City should be supportive of
their efforts and make sure they get the resources to be successful, and Mr. Sudler concurred.
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COUNCIL COMMITTEE OF THE WHOLE
MEETING OF MARCH 29, 2016 PAGE 19
Mr. Sudler informed members that he shops at the Hamlet Shopping Center quite often and some
business owners there had seen an increase in the police presence. He noted that criminal activity
is deterred when officers park their vehicles and sit there, and he had observed police officers at the
property. He thanked the Police Department and Police Chief Paul Bernat for their strong presence
at this location.
Mr. Keller advised members that there was a gentleman employed by the 7-11 Store in the Hamlet
Shopping Center whose presence had been helpful and who people look up to. He suggested that
if there was any way the City could help this individual, this should be done. Responding,
Mr. Sudler stated his belief that the gentleman’s name is Corey, and he had acted as a security officer
and mentor to some of the youth in the area. Mr. Sudler indicated that this individual had asked if
the City could assist him in obtaining a security job in the Shopping Center or with the Dover Police
Department. He had informed the gentleman that he was unsure if the Dover Police Department was
taking on civilians but that he would ask. Mr. Sudler felt that this individual had done an excellent
job of helping to keep the area clean and free from debris and criminal activity, but was unsure if he
was still at this location.
In response to Mr. Hosfelt, Mr. Sudler stated that the management team for the Hamlet Shopping
Center was not present at the meeting, noting that he had been unsuccessful in reaching out to the
property owner. A representative of the Hamlet Homeowners Association was present, and
Mr. Sudler had made contact with the president of the association.
ShotSpotter Gunshot Detection and Location Service
Due to time constraints, Mr. Anderson requested that the matter of the viability of the ShotSpotter
Gunshot Detection and Location Service be referred to staff for review and that it be discussed
during the next Safety Advisory and Transportation Committee meeting.
By unanimous consent, members recommended that the matter of the viability of the
ShotSpotter Gunshot Detection and Location Service be referred to staff for review and that
it be discussed during the next Safety Advisory and Transportation Committee meeting.
Mr. Hutchison moved for adjournment of the Safety Advisory and Transportation Committee
meeting. The motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 7:26 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Hutchison presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Blakeman and unanimously
carried.
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COUNCIL COMMITTEE OF THE WHOLE
MEETING OF MARCH 29, 2016 PAGE 20
Annexation Requests
1411 and 1417 South Governors Avenue, Owned by Heartland Delaware, Inc.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed a
Petition to Annex and Rezone property located at 1411 and 1417 South Governors Avenue, owned
by Heartland Delaware, Inc. She advised members that the subject properties were located between
Route 13 and Governors Avenue, immediately south of Webbs Lane. Mrs. Townshend explained
that the two (2) parcels north of the subject properties, including the Wendy’s restaurant, are
currently located within City limits. She stated that the owner wants to make some improvements
that would involve the use of all of the properties, and the annexation of the two (2) subject
properties into the City limits would make that a clean process.
Mrs. Townshend informed members that the Comprehensive Plan Designation for the subject
properties is Category 2: 0 to 10 years priority annexation areas. She noted that it had been
approximately seven (7) years since the City’s Comprehensive Plan was adopted, so this was on
target.
Mrs. Townshend advised that the present use is principally commercial with a little bit of residential.
The Comprehensive Plan Land Use Designation is medium density residential; however, Staff
believed that the City can work with the State Planning Office to characterize it as a minor variation.
She explained that the land use classification for the properties that are currently in the City are
indicated as commercial in the Comprehensive Plan, and this was colored as residential, along with
Rodney Village.
Mrs. Townshend stated that the Wendy's is currently served by City water, sewer, and electric, and
the house structure currently has City electric. She advised members that City water and sewer
services are available off of South Governors Avenue.
Staff recommended proceeding with annexation of the properties.
Responding to Mr. Neil, Mrs. Townshend confirmed that, once annexed, these properties would fall
under the City for assessment purposes.
Mr. Anderson questioned what was driving this annexation request. In response, Mrs. Townshend
stated that she was not exactly sure what the owner’s development plans are but that the owner does
plan to improve the property and being in the City would make the improvements easier to achieve.
Mr. Anderson noted that the surrounding properties were commercial and that it would probably be
easier to get a commercial designation by annexing the subject properties into the City than it would
be for the County to change its plans. Responding, Mrs. Townshend stated that the subject
properties are currently zoned BG (General Business), which is commercial in the County. She
explained that if the owner is going to do any expansion of the sewer or water infrastructure on the
properties, it would require annexation into the City, which is most likely the reason for the
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COUNCIL COMMITTEE OF THE WHOLE
MEETING OF MARCH 29, 2016 PAGE 21
annexation request. Mrs. Townshend stated that this owner was proactive, noting that people
typically come to the City when they are ready to hook up and then find out that they cannot.
Mr. Blakeman asked if Heartland Delaware, Inc. owned any other property in the City. In response,
Mrs. Townshend stated that the only properties that she was aware of were the subject properties and
the two (2) properties located immediately north of these properties.
Mr. Neil moved to recommend proceeding with annexation of the properties, as recommended
by Staff, seconded by Mr. Blakeman and unanimously carried.
Property Located Adjacent to State Route 1 and Surrounding the Intersection of Leipsic Road and
Persimmon Tree Lane Including Three (3) Unaddressed lots of a Single Parcel (Lots 8, 9, and 10A)
and Property Located at 1229 Persimmon Tree Lane (Lot 18), Owned by Dover International
Speedway, Inc.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed a
Petition to Annex and Rezone property located adjacent to State Route 1 and surrounding the
intersection of Leipsic Road and Persimmon Tree Lane, including three (3) unaddressed lots of a
single parcel (Lots 8, 9, and 10A) and property located at 1229 Persimmon Tree Lane (Lot 18),
owned by Dover International Speedway, Inc.
Mrs. Townshend informed members that, during their meeting of March 28, 2016, City Council
considered a rezoning request and first reading of Proposed Ordinance #2016-15 for property owned
by Dover International Speedway, Inc. that is already within City limits. She stated that staff had
been working with Dover International Speedway, Inc. for approximately one and one-half years to
annex all of the properties used for festivals, camping, and other activities associated with the race
and festivals into the City under a common zoning classification of RC (Recreational and
Commercial). Mrs. Townshend reminded members that the City recently adopted text amendments
to the RC zone that allow the City to manage some of the issues associated with the large music
festivals, and stated her belief that it is important for all of the property to have the same zoning
classification.
Mrs. Townshend stated that the properties are currently zoned AR (Agricultural Residential) in the
County. She advised members that the Comprehensive Plan Designation for the subject properties
is Category 2: 0 to 10 years priority annexation areas and explained that one (1) of the notes in the
Comprehensive Plan indicates that the properties would be master planned at the time of annexation.
Mrs. Townshend stated that staff had worked with the Speedway regarding the master plan for the
festival layout, it was submitted to the State for Preliminary Land Use Service (PLUS) review and,
although staff was awaiting written comments, there were no major issues.
Mrs. Townshend stated that the whole idea is to bring the festival uses under the City of Dover
jurisdiction to make it easier to manage and make it very clear whose jurisdiction it is. She
explained that currently, it is not entirely clear which areas are in whose jurisdiction at any given
time, noting that it is possible to walk 10 feet and go out of the City.
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COUNCIL COMMITTEE OF THE WHOLE
MEETING OF MARCH 29, 2016 PAGE 22
Mrs. Townshend informed members that water, sewer, and electric are available to the property and,
if development were to happen at some point, the property owner would be responsible for extending
the infrastructure from Persimmon Tree Lane. She stated that she did not anticipate that there would
be any major development, noting that a couple of storage buildings would probably be built in the
coming year but nothing in terms of large-scale construction. Mrs. Townshend stated that no water,
sewer, or electric demand was anticipated at this time; however, if the annexation is approved, the
City would need to anticipate being able to serve the properties in the future. She noted that this
request was reviewed by the Public Works Department as it relates to infrastructure
Staff recommended proceeding with annexation of the properties.
Responding to Mr. Neil, Mrs. Townshend confirmed that this was the area where the State Police
sometimes conduct testing and programs. She expressed her belief that the annexation would not
interfere with this, noting that the Speedway was very cooperative with the State Police.
Mr. Neil moved to recommend proceeding with annexation of the properties, as recommended
by Staff, seconded by Mr. Blakeman and unanimously carried.
By unanimous consent, the Utility Committee meeting adjourned at 7:36 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting. The
motion was seconded by Mr. Sudler and unanimously carried.
Meeting adjourned at 7:36 p.m.
Timothy A. Slavin
Council President
TAS/TM/dd/js
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Attachments
Attachment #1 - Rate Chart for Extra Duty/Voluntary Overtime
Attachment #2 - Proposed Amendments to the City’s Hospitality and Civic Function Policy
Attachment #3 - Proposed Ordinance #2016-09 with CCW/SA&T #1
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ATTACHMENT #1
Council Committee of the Whole Meeting of 03/29/2016
Attachment 4
City of Dover
Officer Extra Duty Billing Rates for Grant Related Events
Current Revised
Officer Officer
Billing Billing
Rank Rate Rate
Patrolman $42.00 $43.00
Patrolman 1st Class $51.00 $53.00
Corporal $55.00 $64.00
Master Corporal $65.00 $69.00
Sergeant $72.00 $75.00
Lieutenant $78.00 $80.00
Captain $85.00 $87.00
*When applicable, actual wage and benefit rates will be billed.
Officer Extra Duty Billing Rates for Office of Highway Safety Grants
Federal Approved Rate No Change $50.00
City of Dover
Officer Extra Duty Billing Rates for Special Events (Spectator’s over 5,000)
No change at the current time - we will
analyze in July 2016 Officer Total
Billing Overhead Hourly
Rank Rate Rate Rate
Special Event Rate $57.00 $2.00 $59.00
City of Dover
Officer Extra Duty Billing Rates for Non-Special Events
Officer Total
Billing Overhead Hourly
Rank Rate Rate Rate
Revised $59.00 $8.00 $67.00
Extra Duty Rate Current $57.00 $6.00 $63.00
Vehicles Actively Used on Extra Duty Jobs - Hourly Rate $ 16.25
Página 132
ATTACHMENT #2
Council Committee of the Whole Meeting of 03/29/2016
CITY OF DOVER
HOSPITALITY & CIVIC FUNCTION POLICY
I. PURPOSE
There are occasions when the judicious extension of hospitality in connection with official City of
Dover business is in the best interests of the City of Dover, hereinafter referred to as “City.” There
are also occasions where attendance at civic events and functions which are not sponsored by the
City are in the best interests of the City, and thus may require attendance. This policy outlines City
policy and procedures governing the manner and extent to which the City’s employees, public
officials, and appointees may extend hospitality while attending civic functions and events.
II. SCOPE
This policy applies to all hospitality and civic function expenses incurred by the City regardless of
the source of funding, and to all City employees, public officials and appointees to City Boards,
Commissions and Committees.
III. ALLOWABLE EXPENSES AND APPROVAL
A. Allowable Expenses and Occasions
Expenses for hospitality and civic functions must be directly related to, or associated with the
conduct of City business. If the occasion is not sponsored by an organization of which the City
sponsors or is a member of, then the occasion must serve a clear City interest, with negligible
personal benefit derived by the official host or other City employees, public officials, and
appointees. In addition, the expenditure of funds for hospitality and civic functions should be cost
effective and in accordance with the best use of public funds.
Upon return, the participating official will provide an update to City Council regarding the benefits
received from the event. If the event is a National League of Cities event, the participating official
will provide to City Council a more extensive report of what they learned; and if an official registers
for an event the City pays for and the official fails to attend, the official will have to reimburse the
City for any cost incurred.
Examples of Prohibited/Restricted Expenses:
Personal Memberships
Political Expenses
Holiday Gatherings for non-City affiliated organizations
Non-budgeted Cash Donations
B. Approval of Transactions
When determining whether a hospitality or civic event expense is appropriate, the approving
authority must evaluate the importance of the event in terms of the costs that will be incurred, the
benefits to be derived from such an expense, the availability of funds, and any alternatives that
would be equally effective in accomplishing the desired objectives.
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C. Payment of Expenses
The Finance Department shall process the payment of hospitality and civic functions expenses upon
receipt of the invitation, invoice, or proper support documentation, as determined by Finance, with
the signature of the Mayor, a Member of Council, and/or City Manager.
Página 134
ATTACHMENT #3
Council Committee of the Whole Meeting of 03/29/2016
CITY OF DOVER PROPOSED ORDINANCE #2016-09
WITH COUNCIL COMMITTEE OF THE WHOLE/SAFETY ADVISORY AND
TRANSPORTATION COMMITTEE AMENDMENT #1 (CCW/SA&T#1)
(CCW/SA&T Committee Amendment Indicated in Yellow Highlight)
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 98 - Streets, Sidewalks, Storm Sewers and Other Public Places, Article I. - In General, Section
4 98-10 - Speed Reduction Devices of the Dover Code be amended by deleting the text indicated in red
5 strikeout and inserting the bold, blue text, as follows:
6 Sec. 98-10. - Speed reduction devices.
7 (a) Definitions. The following words, terms and phrases, when used in this section, shall have the
8 meanings ascribed to them in this section, except where the context clearly indicates a different
9 meaning:
10 Speed bump shall mean a transverse hump, generally designed as a rounded, raised
11 pavement structure usually from two to six inches high and one to three feet from front to
12 back, set into the surface of a street, parking lot, or driveway to slow the traffic. Their
13 design generally dictates comfortable crossing speeds of five miles per hour or less so they
14 are usually appropriate only for use where vehicle speeds are typically the lowest to begin
15 with such as parking lots, private roads, and on some residential streets.
16 Speed cushion shall mean a speed hump with an unraised path for fire trucks and
17 ambulances through the hump. Speed cushions are devices designed as several small speed
18 humps installed across the width of the road with spaces between them. They are generally
19 installed in a series across a roadway resembling a split speed hump.
20 Speed hump shall mean a raised area in the pavement surface, usually from three to four
21 inches high and 10 to 12 feet from front to back, extending transversely across the travel
22 way. The purpose of the length of a speed hump is to allow the entire vehicle to be on the
23 hump at once before it descends the far side onto the pavement to reduce the likelihood
24 that a vehicle will “bottom out” when going over the speed hump. Speed humps are
25 typically applied to residential streets where speed limits do not exceed 25 miles per hour.
26 (b) Prohibited. Any device used as a means of speed reduction on any city or private street, drive,
27 parking lot, fire lane or any other driveable surface, which causes a change in elevation which may
28 result in emergency equipment having to reduce speed during a time of emergency, is prohibited.
29 (c) Permitted. Speed cushions may be installed on privately owned commercial property, at the
30 owner’s expense, following review by the Safety Advisory and Transportation Committee and
31 approval by City Council. Any other type of speed reduction device on private commercial
32 property within the City is prohibited.
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Proposed Ordinance #2016-09 with CCW/SA&T#1- Chapter 98, Appendix A, and Appendix B - Speed Cushions Page 2
33 (d) Installation and Design standards. Installation and design standards for speed cushions shall
34 be in accordance with the Delaware Traffic Calming Design Manual.
35 (Code 1981, § 7-4; Ord. of 5-26-1998)
36 BE IT FURTHER ORDAINED:
37 That Appendix A - Subdivisions, Article VI - Subdivision - General Requirements and Design Standards,
38 Section A - Streets, Paragraph 1 of the Dover Code be amended by deleting the text indicated in red
39 strikeout and inserting the bold, blue text, as follows:
40 A. - Streets.
41 1. The layout, character, extent, width, grade and location of proposed streets shall be established with due
42 regard to:
43 (a) Public convenience and safety.
44 (b) Proposed uses of the land to be served by said streets.
45 (c) Proper relation and connection with, continuation and projection of streets to adjacent areas; whether
46 these streets are existing, or proposed in another subdivision, in a neighborhood plan, in the
47 development plan, or in the official map, as approved or adopted by the commission. Where existing
48 or proposed streets are located on adjacent land, then the planning commission shall require street
49 extensions at points in which the commission determines are suitable for future connections to
50 adjacent developable lands on each side of the development.
51 (d) Topography and other land features.
52 (e) Speed bumps or dips for the purpose of slowing down traffic shall not be permitted on any
53 streets.
54 (e) Speed reduction devices on any city or private street, drive, parking lot, fire lane or any other
55 driveable surface, which causes a change in elevation which may result in emergency
56 equipment having to reduce speed during a time of emergency, is prohibited. Speed cushions
57 may be installed on privately owned commercial property, in accordance with Chapter 98 -
58 Streets, Sidewalks, Storm Sewers and Other Public Places, Article I. - In General, Section
59 98-10 - Speed Reduction Devices.
60 BE IT FURTHER ORDAINED:
61 That Appendix B - Zoning, Article 10 - Planning Commission, Section 2 - Site Development Plan Approval,
62 2.54 - Proposed Development of the Dover Code be amended by deleting the text indicated in red strikeout
63 and inserting the bold, blue text, as follows:
64 2.54 Proposed development.
65 (A) Existing buildings and other structures.
66 (B) Location and width of all proposed streets and rights-of-way. Speed bumps or speed dips for
67 the purpose of slowing down traffic on any street shall not be permitted.
68 (C) Location of all proposed structures, except one-family detached dwellings, and an indication
69 of the total number of dwelling units.
70 (D) Location and dimensions of all lot lines.
71 (E) Building setback lines on all lots.
72 (F) Location of all uses not requiring structures, including parks, playgrounds and other open
73 space areas.
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Proposed Ordinance #2016-09 with CCW/SA&T#1- Chapter 98, Appendix A, and Appendix B - Speed Cushions Page 3
74 (G) Location and plans for any outdoor signs.
75 (H) Location, direction, power and time of use for any proposed outdoor lighting.
76 (I) The location, size and arrangement of proposed sidewalks, driveways, loading areas, off-street
77 parking areas and other paved areas.
78 (J) Indication of the total amount of impervious surfaces and the development coverage.
79 (K) Any proposed changes in elevation of the site and elevations of all streets, parking areas, and
80 building foundations. The datum to which all elevations, including existing contour elevations,
81 refer shall be clearly indicated on the plan.
82 (L) Plans for surface drainage of the site. Such plans shall include stormwater run-off calculations
83 and shall show the proposed method of accommodating the anticipated run-off.
84 (M) Any proposed below-ground or above-ground utilities and any contemplated public
85 improvements, including road improvements, on or adjoining the property. Plans for such
86 utilities and improvements shall indicate whether the developer, the city, or other agency will
87 bear the financial responsibility for the construction, and which improvements are intended
88 to be dedicated to the city.
89 (N) Proposed grading, screening and other landscaping, including types and locations of proposed
90 street trees.
91 (O) Architectural elevation drawings or other graphic representations illustrating exterior building
92 characteristics of proposed buildings and/or building additions that would be visible from the
93 public right-of-way. Elevation drawings shall be drawn to scale and shall reflect major
94 architectural elements such as exterior surface materials, windows, doors, columns, and
95 wall-mounted signage. Elevation plans are intended to provide a general depiction of the
96 physical appearance, massing and scale of the proposed construction.
97 (P) Speed reduction devices on any city or private street, drive, parking lot, fire lane or any
98 other driveable surface, which causes a change in elevation which may result in
99 emergency equipment having to reduce speed during a time of emergency, is prohibited.
100 Speed cushions may be installed on privately owned commercial property, in accordance
101 with Chapter 98 - Streets, Sidewalks, Storm Sewers and Other Public Places, Article I.
102 - In General, Section 98-10 - Speed Reduction Devices.
103 ADOPTED: *
104 S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\ATTACHMENTS & EXHIBITS\Committee Attachments\2016\03-29-2016\Proposed Ordinance #2016-09 w CCW-SA&T#1-Ch 98, App
105 A, and App B-03-29-2016 Minutes Att.wpd
106 SYNOPSIS
107 The proposed amendments would permit speed cushions on privately owned commercial property.
108 (SPONSORS: HOSFELT AND COLE)
109 Actions History
110 03/29/2016 - Introduction - Council Committee of the Whole/Safety Advisory and Transportation Committee meeting
Página 137
Monthly Report
February 2016
Office of City Assessor
Página 138
Assessor’s Report
Number of Deeds Stamped for the Transfer Tax Dollar Amount for the
Month of February 2015/2016 Month of February 2015/2016
27 29 $84
30 $100
23
Thousands
25 19 $53 $56 $50
20 15 13 $43 $18
15 $50
5 3 $14 $8
10 2 2 2015 2015
5 $0
0 2016 2016
First Time Buyer for the Month of February 2015/2016 Realty
February 2015/2016 Property Sales in Dollars Received
Prior to Recording
27
30
$6
19 Res. Non‐First $6 $4 $3 $4 $3
Millions
20 15 $4 $2 $2
13 Time Buyers $1
2015 $2
10 Res. First Time $0
Buyers 2016
0
2015 2016
Major Updates
December ‐ 15 January ‐ 16 February ‐ 16
Assessment Change $4,877,400 $693,500 $449,400
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
19 $2,593,100 $2,912,200 0.89 1.01
1
Página 139
Assessor’s Report
Ratio – Assessed Value divided by Sale Price.
PRD – Mean – A PRD above 1.03 tends to indicate assessment regressivity – high valued properties are under
appraised relative to low valued properties. A PRD below .98 tends to indicate assessment progressivity – high
valued properties are relatively over appraised.
Points of Interest
Scanning & Filing
‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval.
‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for
easy retrieval.
‐ All old property record cards are being scanned and indexed into Fortis.
2
Página 140
MAR 15, 2016 CITY OF DOVER PAGE: 1
08:55 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
ED05-067.09-01-76.00 3 R10 385 TROON RD 1 5 1978 2 2563 B+ AV 230,100 16-FEB-16 230,000
ED05-067.09-03-07.00 3 R10 297 PINE VALLEY RD 1 13 1985 2 1841 B- AV 141,500 12-FEB-16 150,000
ED05-067.11-01-72.00 10 R10 907 SCHOOLHOUSE LN 1 5 1968 2 2168 C AV 165,700 06-FEB-16 168,000
ED05-067.20-01-32.00 10 R10 626 COLUMBIA AVE 1 14 1957 1 1008 C GD 128,700 19-FEB-16 136,500
ED05-067.20-02-17.00 10 R10 501 FAIRVIEW AVE 1 14 1952 1 1142 C AV 111,700 19-FEB-16 109,900
ED05-067.20-03-53.00 9 R10 331 N GOVERNORS AVE 1 8 1973 2 1368 C- AV 72,600 16-FEB-16 88,000
ED05-068.10-02-33.00 13 R10 931 BUCK DR 1 14 1964 1 1120 C GD 124,000 24-FEB-16 168,000
ED05-068.10-04-59.00 13 R10 45 ANCHOR LN 1 14 2003 1 1516 C AV 152,800 29-FEB-16 175,000
ED05-068.18-02-38.00 7 R10 67 UPLAND AVE 1 3 1951 1 1080 C AV 119,600 19-FEB-16 135,000
ED05-075.08-01-43.00 3 R10 15 YARMOUTH WAY 1 6 1996 1 1346 B- AV 161,000 23-FEB-16 198,000
ED05-076.03-02-72.00 14 R10 319 TRIBBITT ST 1 13 2009 2 1772 C+ AV 118,200 26-FEB-16 135,000
ED05-076.03-02-82.00 14 R10 324 TRIBBITT ST 1 13 2014 2 1408 C+ AV 122,400 26-FEB-16 139,900
ED05-076.05-01-29.00 14 R10 266 N CAROLINE PL 1 5 1993 2 2204 B- AV 175,100 19-FEB-16 203,000
ED05-076.06-02-74.00 2 R10 333 COLD SPRING PL 1 13 1984 2 1302 C- AV 90,200 26-FEB-16 119,000
ED05-076.10-01-36.00 16 R10 1237 S FARMVIEW DR 1 5 1989 2 1931 C AV 139,600 22-FEB-16 101,000
ED05-076.13-02-05.00 14 R10 105 GAGEN CT 1 14 1997 1 1345 C+ AV 144,000 05-FEB-16 195,000
ED05-077.18-01-42.00 4 R10 236 LOTUS ST 1 3 1942 1 1669 C- AV 127,800 05-FEB-16 169,900
ED05-085.12-01-17.00 12 R10 309 ALDER RD 1 5 1965 2 1468 C+ AV 159,600 12-FEB-16 171,000
LC05-068.10-01-42.00 13 R10 542 SCHOONER WAY 1 13 1994 2 1336 C+ AV 108,500 04-FEB-16 120,000
Página 141
CITY MANAGER’S
MONTHLY REPORT
FEBRUARY 2016
City Manager’s Monthly Report, February 2016
Página 142
Customer Service
In the month of February, we processed 6,805 credit card payments for the month totaling $1,443,094.00.
Human Resources
Continued contract negotiations.
Library
1,263 attended 79 programs for adults.
307 attended 29 programs for teens.
971 attended 46 programs for children.
19 volunteers completed 325.75 hours of service.
489 attended 42 programs/classes coordinated through the Job Center.
Public Works
Working on CIP and additional funding for future street program and other projects.
2 City Manager’s Monthly Report, February 2016
Página 143
CUSTOMER SERVICES
WORK ORDERS PROCESSED 398Extensions of Credit
3,000 400 358
326
300
2,500
2,144 300
1,998 2,075 228
1,861 1,904
2,000 1,749 1,770 1,721 1,717 1,694
1,630 200
1,536
1,500 1,298
100
1,000
500 0
Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb-
15 15 15 15 15 15 15 15 15 15 15 16 16 15 15 15 15 15 15 15 15 15 15 15 16 16
CUSTOMER PAYMENT USAGE CUTS FOR NON PAYMENT
80,000 $2,000,000
1,573,266.00 $1,502,583
60,000 $1,600,000
41,603
41,564
40,000 $1,200,000
18,186
18,636 15,469 $800,000
20,000 14,577
1,267 1,131
$400,000
0 $96,445 $34,242
Drive-Thru Over the Mail, Drop Credit Cards Bank Drafts
$-
Window Counter Box
2016 YTD 2015YTD February 2016 February 2015 FYTD16 FYTD15
FY 2016 FY 2015
Major Program Updates Feb 2016 Feb 2015 Difference
Year-to-Date Year-to-Date
Number of Customers Served 20,743 18,972 1,771 170,473 169,193
Final Bills 613 508 105 5,628 5,209
Estimated Bills 242 188 54 1,865 1,365
Penalties Posted $ 12,538 $ 17,073 (4,534) $ 123,667 $ 142,972
Extensions of Credit - Amount Extended $ 68,750 $ 71,124 (2,375) $ 820,964 $ 646,506
Balance Transfers $ 18,106 $ 6,508 11,598 $ 123,214 $ 24,150
Utility Collections $ 25,942 $ 12,459 13,483 $ 344,392 $ 156,895
Special Assessments $ - $ - - $ - $ -
Miscellaneous Billings $ 61,906 $ 177,384 (115,478) $ 1,029,572 $ 745,735
CNP through Disconnect Collars $ - $ - - $ - $ -
Court Cases $ - $ - - $ - $ -
Tamperings $ - $ - - $ - $ -
Taxes Levied (includes carry forward) $ - $ 551,979 (551,979) $ - $ -
Billing Adjustments $ - $ (170) 170 $ - $ -
Total Taxes Collected $ - $ 57,499 (57,499) $ - $ -
Taxes Outstanding $ - $ 494,309 (494,309) $ - $ -
Payments in Lieu $ - $ - - $ - $ -
City Manager’s Monthly Report, February 2016 3
Página 144
HUMAN RESOURCES
Category Feb Mar April May June July August Sept Oct Dec Jan Feb Total
15 15 15 15 15 15 15 15 15 15 16 16
Caucasian* 286 289 289 291 290 291 290 296 300 298 297 296 N/A
*
Minorities 62 63 61 63 63 64 64 67 66 67 66 67 N/A
Hired 0 9 5 9 3 8 2 12 1 3 0 2 54
Terminated/Resigned/ 2 5 7 4 4 4 1 4 1 5 2 2 41
Retired/Other
Transferred/Promoted 0 0 0 0 4 0 1 0 0 1 1 1 8
Jobs Posted 2 7 2 2 2 1 7 9 4 3 3 2 44
Workers Comp. Inju- 3 3 3 2 2 0 4 6 7 1 3 0 34
ries
Workers Comp. Hours 29 312 97 231 115 260 42 24 211 10 0 166 1497
Insurance Claims 1 3 0 2 2 0 3 1 3 1 5 4 25
335 Full-time Employees: Part-time Employees: 28 (*4 Pitts Center, 1 Recreation, 12 Library, 2 Customer Service, 0 Central Services,
9 Police Department) -Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members.
** August 2015 Pitts Center Number reduced to 4 to reflect error in July 2015
Positions Hired: Office Assistant II, (Planning & Inspections); Customer Service Clerk II (Customer Service, part-time)
Position Resigned/Retired/Terminated: Crew Leader (Grounds); Substation Technician II (Electric Department)
Position Transferred: Utility Construction Worker to MEO II (Streets)
Positions Posted: Police Cadet, Electric Meter Technician (In-House)
Recruitment Information (Positions closed in February)
Position Total Female Male Unknown Blac White Hispan- Asian/Pacific American Unknown In Out
k ic Islander Indian/Alaskan Dover Dover
Native
Police Cadet 27 5 22 - 8 15 3 - 1 - 7 20
Electric Meter Techni- 1 - 1 - - 1 - - - - - 1
cian (In-House)
Unfilled/Open Positions by Department*
Unfilled/Open Posi- Feb Ma April May June July Aug Sept Oct Nov Dec Jan Feb
tions 15 r 15 15 15 15 15 15 15 15 15 16 16
By Department 15
Electric 4 3 2 3 2 1 2 2 2 3 3 3 4
Public Works 13 15 13 17 16 18 17 16 16 14 12 13 14
Police 10 4 4 2 3 5 5 1 2 2 2 2 2
All Other Depart- 4.5 4.5 5 4 6 11 9.5 7.5 7 8.5 10 12 10.5
ments
Totals 29.5 26.5 24 26 27 35 33.5 26.5 27 27.5 27 30 30.5
*Not used for Budgeting Purposes
²The following has been updated to reflected the Fiscal 2015-16 Budget
Electric: Generation Manager, Substation Technician Crew Leader, Electric Meter Technician I, Substation Technician
Public Works: Utility Maintenance Mechanic I/Wastewater; Utility Maintenance Mechanic II/Wastewater; Motor Equipment Operator I (Streets); (2)
Motor Equipment Operator I (Sanitation); Gardner II (Grounds); Gardner I (Grounds); (4) Motor Equipment I Water/wastewater; Public Works Operations
Manager; Motor Equipment Operator II (Grounds); Crew Leader Grounds;
Police: (2) Police Officer
All Other Departments: (1) Customer Service Clerk (part-time), Customer Service Clerk, Collections (Part-time), (2) Librarian I (part-time); Library Clerk I
(part-time), Administrative Assistant (Information Technology-part-time); Library Page (part-time); Accountant I, Finance (part-time), Storekeeper/Buyer,
(part-time), AS400/System Operator (Information Technology); Key Accounts Representative (Customer Service), Fire Dispatcher,; Inspector I,
Administrative Assistant (City Clerk), Librarian II
4 City Manager’s Monthly Report, February 2016
Página 145
HUMAN RESOURCES
continued
Turnover Statistics
2010 2011 2012* 2013 * 2014 2015 2016
Total Turnover % 5.57 6.75 11.00 10.91 6.02 11.77 1.10
Termination Turnover % 0.27 1.08 0.29 1.47 .57 .28 --
Resignation Turnover % 2.12 4.05 5.21 5.01 2.29 7.56 .83
Retirement Turnover % 3.18 1.62 5.50 4.42 3.15 4.20 .55
* Healthcare cost sharing implemented
** Healthcare cost sharing implemented for DOE
Average Employees
2010 2011 2012* 2013* 2014 201 201
5 6
Total Number of Employees 21 25 38 37 21 42 4
Separating from Service
Average Number of Full-time 362 356 333 325 331 333 336
Employees
Average Number of Part-time 16 15 12 14 18 24 28
Employees
* Healthcare cost sharing implemented
City Manager’s Monthly Report, February 2016 5
Página 146
INFORMATION TECHNOLOGY
Service Requests Resolved Programming Requests Completed
120 35
102 30
100 90 91 88
30
77 74 25
80 71 19 18
58
62 20 17 16 16
60 52
13 13 14
15 11
40 31
9
27 10 7
4
20 13 5
0 0
Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb-
Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb-
15 15 15 15 15 15 15 15 15 15 15 16 16
15 15 15 15 15 15 15 15 15 15 15 16 16
Page Views - City of Dover Web Page
40,000
35,000
30,000
Pages Viewed
25,000
20,000
31,423 31,600 31,423 32,737 33,605 33,344
28,370 28,802 28,730 30,073 27,473
26,032 26,071
15,000
10,000
5,000
0
Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb-
15 15 15 15 15 15 15 15 15 15 15 16 16
Current
Performance Indicators Last Month Same Month
Month
Last Year
iSeries Availability 100% 100% 100%
Server Availability 100% 100% 100%
AS/400 Connections
(concurrent/authorized users)
N/A N/A N/A
PCs Supported 360 360 372
Scheduled PCs Replaced - - -
Servers Supported 35 35 30
People Trained 17 9 36
Availability Statistics based on 7:00 AM until 5:00 PM Monday—Friday
6 City Manager’s Monthly Report, February 2016
Página 147
LIBRARY
Reference Transactions
1200
1000
800
600
400
200
0
Adult Teen Children
Feb 16
Adults – 1,787 Teens – 171 Children – 4113
Circulation Feb 16 FYTD 16 Feb 15 FYTD 15
Dover residents 17,599 149,585 17,036 164,071
Ebooks 2,659 20,310 2,147 15,956
Kent residents* 10,724 91,769 12,203 108,877
Non-county residents 1,805 15,576 1,701 16,282
Registrations
Dover residents 304 3,102 297 2,874
Kent residents* 21 266 47 340
Non-county residents 0 51 8 52
Other
Visiting Patrons 27,887 222,256 27,023 223,411
Meeting Room Usage 1,424 11,055 1,589 13,632
Photocopier Usage 1,225 9,695 1,445 8,817
Computer Printing Usage 4,018 25,802 3,357 24,749
Computer Users 4,015 35,528 4,115 37,504
Wireless Computer Users 1,283 14,602 1,857 13,837
Holds (Total) 6,884 54,669 5,883 52,676
*Breakout of Kent County Residential Statistics
Circulation Registrations
Harrington: 172 Harrington: 0
Milford: 116 Milford: 0
Smyrna: 676 Smyrna: 3
Outside City Limits: 9,760 Outside City Limits: 18
Total Registered Users: (Card Holders)
City: 28,102 Kent County: 11,701 Outside Kent County: 1,023
Other Points of Interest:
Inter/Interlibrary: 62 items loaned out Technical services: 2,150 items added
64 items borrowed 2,008 items deleted
Volunteers: 325.75 hours of service completed
City Manager’s Monthly Report, February 2016 7
Página 148
PUBLIC WORKS
Administration
Administrative review and inspection services continued on all residential and commercial developments.
The following residential subdivisions are in various phases of construction:
Oak Shadows Emerald Pointe Eden Hill (Residential)
Patriot Village Clearview Meadows Village of Cannon Mill
Sanitation
Monthly Total Refuse (Tons) Sanitation Hours
1,500
1000
1,000 869 869 925 827 853 913
806
717 733 711 660 716
541 524 487
456
500 500 380
292 239 190 260
211 217 177 177 169 145 134 160 130 131 152
18 31
- 0
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Bulk Collection Mechanized Hand Trash Container
15 15 15 15 15 15 15 15 15 15 15 16 16 Collection Collection Repair/Delivery
Bulk Automated Feb 16 Feb 15
FEBRUARY 16 FYTD 16 FEBRUARY 15 FYTD 15
Trips to DSWA Sandtown Landfill 154 1,358 160 1,450
Total Tonnage to DSWA 847.20 7,648.67 752.00 10,593.40
90-Gallon Containers Delivered 28 446 27 266
300-Gallon Containers Delivered 0 0 3 32
Total Man Hours-containers Delivered 18 125 31 265
CURBSIDE RECYCLING TOTAL # OF TOTAL # OF
STATS HOUSEHOLDS ACCOUNTS WEIGHT/LBS. AVE. LBS.
COLLECTED
February 2016 18,512 9,256 276,120 14.03
8 City Manager’s Monthly Report, February 2016
Página 149
PUBLIC WORKS
continued
Streets FEBRUARY 16 FYTD 16 FEBRUARY 15 FYTD 15
Signed Installed 4 35 125 269
Signs Repaired 13 55 15 88
Curbs Painted Yellow (feet) 0 1,281 0 683
New Post Installed 10 59 7 31
Storm Catch Basins Repaired 1 10 1 9
Storm Catch Basin Repairing (Hrs.) 6 44 5 65
Storm Catch Basins Cleaned 59 415 102 201
Storm Catch Basins Cleaning (Hrs.) 23 65 49 88
Hot Mix Patching (Tons) 0 0 0 6.00
Hot Mix Patching (Hrs.) 0 0 0 73
Cold Mix Patching Hrs.) 0 41 83 217
Concrete Work (Hrs) 0 40 0 162
Concrete Patching (Cubic Yards) 0 0 0 0
Ditch Work (Hrs). 0 28 0 3
Street and Alley Maintenance (Hrs) 76 80 77 383
Street Sweeping (Miles) 933 7,016 207 5,534
Street Sweeping (Cubic Yards) 112 640 66 1,354
Grounds
Total Work Orders = 6 General = 1 Arborist = 5
Arborist Crew February 2016 February 2015
Trees Trimmed 62 1
Trees Removed 2 3
Stumps Removed 0 0
Root Pruning 0 0
Beautification Crew
No beautification crew.
Preparation of the green house for upcoming spring season.
Mowing Crew
Mowing crews continued general clean-up operations.
Athletic Field Maintenance
No athletic field maintenance.
Distribute 90 cubic yards of playground safety surfacing at various playgrounds.
Litter Removal
Litter person has been doing an outstanding job with emptying trash cans and picking up litter.
Miscellaneous
Snow removal operations at various City facilities
Winter clean-up of trucks, and equipment, in preparation of spring.
City Manager’s Monthly Report, February 2016 9
Página 150
PUBLIC WORKS
continued
Geographic Information Systems (GIS)
Citizen Century Engineering requested utility prints of the area of
Route 8 between Mifflin Rd and Independence Blvd as
well as Kenton Road between Route 8 and Chestnut Grove
Rd. Provided via PDF.
Citizen Request Century Engineering reqeusted utility plans for Route 13
between Leipsic Road and Townsend Boulevard. Provided
a combined PDF of 12 pages.
Dover Little League Made map modifications
Jason Lyon Created CAF maps for two locations, Hazlettville Road
interceptor and Valve Replacement at Silver Lake Dam.
Worked with Kate and Winter to identify locations and
needed data.
Planning Tracey requested five updated DAFB buffer maps showing
the locations of several properties in relation to the base.
Planning Created an 8.5"x11" map of Dover Park with the DTF and
LWCF boundaries overlaid on the aerial. Provided a PDF
copy to AMT.
Planning Analyzed, adjusted and created layers from the addresses
provided in the City Rec Survey and Mt Zion Rec Survey.
Used refined data to create two maps showing the
approximate locations in the City/State where surveys
were filled out.
Planning Updated the Restoring Central Dover Owner Occupied
Parcels map to match the latest parcel owner data.
Provided AMT with a PDF copy and printed out one copy
at 30"x40".
Public Works Worked on Service locking issues
Public Works Update sanitary sewer system at multiple parts of the
City
Public Works Update sanitary sewer system in various parts of the City
Public Works Attended ICMA training provided by the City.
Public Works Attended the second of five ICMA trainings.
Public Works GIS Attended the DGDC meeting as the City's GIS
representative.
10 City Manager’s Monthly Report, February 2016
Página 151
PUBLIC WORKS
continued
Fleet and Facilities Management
PM Work Orders Completed: 25 Number of Tire Repairs: 7 Number of Road Repairs: 5
Other Work Orders: 45 Repair Hours: 161 Road Repair Hours: 6
Total Work Orders: 70 Fabrication Hours: N/A Misc. Hours: N/A
PM Hours: 97
# Of Scheduled PM’s: 34
# Of Scheduled PM’s: Completed: 18
Major Program Updates
MEASURE February 2016 February 2015 DIFFERENCE
Fleet Maintenance - Scheduled
Preventative Maintenance appoint- 18 out of 34 13 out of 34
+ 14.70%
ments being kept (Quantity and 52.94 % 38.24%
Percentage)
Facilities Maintenance
Facilities - Routine work orders
20 out of 21 23 out of 23
completed within 5 days (Quantity 4.76%
95.24 % 100%
and Percentage)
Facilities - Emergency work orders
2 out of 2 2 out of 2
completed within 2 days (Quantity 0%
100% 100%
and Percentage)
City Manager’s Monthly Report, February 2016 11
Página 152
PUBLIC WORKS
continued
Water/Wastewater
Water Production/Billed Consumption/Flow to Kent
County
255000000
205000000
155000000
105000000
55000000
5000000
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
15 15 15 15 15 15 15 15 15 15 15 16 16
Total Water Prod. Billed Consumpt.
Total Flow to County City Readings
ENGINEERING SUMMARY
Major Program Updates FEBRUARY 16 FEBRUARY 15 DIFF FY16 YTD FY15 YTD
State and Federal Violations 0 violations 0 violations - - -
Water Quality Complaints 0 2 -2 54 58
Plan Review Completed With- 3 plans 7 plans
-4 50 74
in 30 days of Submission 100% 100%
OPERATIONAL SUMMARY
Task FEBRUARY 16 FEBRUARY 15 CURRENT FY
Water Production - Daily Average 4,726,172 4,280,500 1,206,940,00
Average Field Response Time (goal is <30 minutes) 16.08 18.37 16.29
Water Mains Repaired 2 2 10
Water Service Lines Repaired 0 2 11
Wastewater Mains Repaired 0 0 4
Wastewater Service Lines Repaired 0 0 4
Sewer Lines Flushed - linear feet 26,479 27,427 425,771
Sewer Mains Videoed -linear feet 569 0 11,055
Total Fire Hydrants in Service 1,820 1,820 1,820
Total Water Meters in City Distribution System 14,402 14,173 14,402
12 City Manager’s Monthly Report, February 2016
Página 153
ELECTRIC DEPARTMENT
System Peak Total System Load
200 100,000
155.6 158.5 76,060 74,133
148 148 68,704 66,383
135.8 62,574 62,563
80,000
60,236 61,012
120.6 116.96 110.15 55,011 56,155 57,888
150
51,470 53,746
103.8 101.3 94.64
60,000
90.95 95.5
100
40,000
50 20,000
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
15 15 15 15 15 15 15 15 15 15 15 16 16 15 15 15 15 15 15 15 15 15 15 15 16 16
Outages Customers of Gained/Lost
35 8,000
70 61
25 6,000 60
Outages Customers
50
15 4,000 40
30 20 21
5 2,000 20 14 14
11 11 12 9 9
10 6 6 5
Feb 15 Mar 15 Apr 15 May 15 Jun 15 Jul 15 Aug 15 Sep 15 Oct 15 Nov 15 Dec 15 Jan 16 Feb 16
-5 0
0
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
Outages Customers 15 15 15 15 15 15 15 15 15 15 15 16 16
Outages: 2 Customers: 106
Electric Monthly Outage Report
The annual outage goal will be less than 295 Controllable Outages Average Response Time
minutes per customer, which is a Delaware Annual goal is less than 40 Goal is less than 30 minutes
Standard. This will be measured by calculating
the System Average Interruption Duration Index. Month Year-to-date Month Year-to-date
FY 16 YTD FY 15 FY 14
2 \14 27 Minutes 31.83 Minutes
26.47 45.88 59.00
FEB 16 FEB 15 FY16 YTD
PROGRAM UPDATES
Tree Trimming 294 230 2578
Number of Oil Releases 0 0 7
Lost Time Accidents – All Electric Utility Divisions 0 0 0
New Services 14 11 153
City Manager’s Monthly Report, February 2016 13
Página 154
ELECTRIC DEPARTMENT
continued
February 2016 Electric (EE Capitol Improvement Projects (CIP)
S:\Shared Data\Electric Department Bi Weekly Meetings\Capital Improvement Projects Status\2016
Project Number Description Update
Progress: New owner of farm south of Morgan Branch | In discussion about
possible relocation of some poles for irrigation | Received permit | ordered
69kV Rebuild poles | Need to work on in off-season (planting) | Possibly do one section
EE1500 (Horsepond to Long soon and the rest in Oct/Nov |
Point)
Schedule: FY15 is for Design |FY16 budget is for construction
Progress: Work to begin this fiscal year | Working with State to clarify stak-
West Dover ing responsibilities | Pole line along Saulsbury is staked |
EE1509 Connector -
State of DE Schedule: Planning on starting on Saulsbury Road after Garrison Oak
Progress: City crews continuing the installation underground wire | In-
Town Pointe stalling 750, 80% complete |
EE1513
Distribution Feeders
Schedule: Project boring continues
Progress: Phase I 75% complete | Pipe in, TX pads set, SEC pads set and PE10
| 3 TX set | Waiting on developer to start construction |
Chestnut Grove
EE1516
Subdivision
Schedule: In progress
Progress: Equipment set | 70 meters left to install and 1 TX to complete
Lenders Lake Phase 1 | Phase 2 designed, calculating primary fee |
EE1524
Apartments
Schedule: In progress
Progress: Primary Design complete | Waiting for primary fee payment |
Kirby & Holloway
EE1537
Restaurant Schedule: Waiting on customer
Progress: Permit received | Environment concerns addressed | Directional
Bores Complete | Need to rework budget due to additional boring needed |
Horsepond URD It is too hard for crew to dig |
EE1607
Distribution Feeder
Schedule: Contracted work has begun
Progress: Drawings completed | Owner has been contacted. Easement in
Lakeland Distribution process | JR Smith may install conduit
EE1618
Feeder
Schedule: Estimated Start the week of March 7th
Progress: Changing 75 KVA to 300 KVA TX | Service Locate & W.O. are com-
McKee Road plete | Payment has been received | Waiting on shut-down time to sched-
EE1635 Warehouse (Edge ule work | Customer needs to install pipe |
well)
Schedule: Waiting on customers schedule
Progress: Primary conductors and equipment installed | Pump station has
Clearview Meadows been energized | All requested lights have been installed |
EE1636
Phase 4
Schedule: In progress
14 City Manager’s Monthly Report, February 2016
Página 155
ELECTRIC DEPARMENT
continued
Progress: Drawing complete and City Crews to install primary after conduit is
DOVER TOWN CTR installed | Primary fees paid| Waiting on Outback pipe to complete | Pads
EE1637 FLEX SITE - set | Pulled wire and set equipment | Need to run wire from pole to TX |
Transformer
Schedule: In process
Progress: Drawing complete and City Crews to install primary after conduit is
installed | Primary fees paid | Equipment set and wire pulled | Pads set |
EE1639 Outback Steakhouse Pulled wire and set equipment | Need to run wire from pole to TX |
Schedule: In process
Progress: Installing 480 volt service for new grain elevator | Waiting on cus-
tomer |
EE1640 Round Barn Farm
Schedule: Preliminary Stages of design
Progress: New service to new show room |Design complete | Waiting on
payment and pipe install |
EE1643 Winner Volkswagen
Schedule: Waiting on customer
Progress: Station upgrade from 120/240 Volt to 208Y/120 volt | Design com-
Retreat Pump Station pleted and waiting on public works |
EE1644
Renovation
Schedule: Waiting on customer
Progress: Preliminary design complete | Primary fee received | Equipment
Dover Family on site | May start next week
EE1645
Cosmetics
Schedule: Waiting on customer
Progress: Met with electrician | Preliminary design complete | Waiting on
customer to pay primary fees and install equipment |
EE1646 Loockerman Retail
Schedule: Waiting on customer
Progress: Preliminary design complete | Permit received. Bored in pipe need
to set TX and pull wire after hours |
EE1647 Ollies
Schedule: In progress
Progress: Met with customer and received updated drawings | Redesigning
due to shifting building back ~10 feet | Waiting on payment |
EE1648 Blue Hen - UG
Schedule: Starting within the next few weeks
Progress: Work to begin this fiscal year | In planning stages | May push out
69Kv Cable to FY18
EE1520 Replacement North
St. Substation Schedule: Planning stages
Progress: Preliminary design | waiting on finance |
Live Front with Dual
EE1650
TX Replacement Schedule: Waiting on finance
Progress: Preliminary design |
Eden Hill Build 5 -
EE1651
New Service
Schedule: Waiting on customer
City Manager’s Monthly Report, February 2016 15
Página 156
ELECTRIC DEPARMENT
continued
Progress: Work to begin this fiscal year | Working with State to clarify stak-
West Dover ing responsibilities | Pole line along Saulsbury is staked |
EE1509
Connector
Schedule: Planning on starting on Saulsbury Road after Garrison Oak
Progress: Received permit | Work on after RT13 pole replacement | Starting
Horsepond to DAFB, the week of 3/7/16 |
EE1603
69 Insulator Install
Schedule: FY2016
Progress: Phase I 75% complete | Pipe in, TX pads set, SEC pads set and PE10
| 3 TX set | Waiting on developer to start construction |
EE1516 Chestnut Grove
Schedule: In progress
Progress: Preliminary design | Primary fee mailed |
EE1649 K-Mart - New Service
Schedule: Waiting on customer
Progress: Work to begin this fiscal year. Will review existing design for possi-
ble tie point for Clearview |
EE1627 Dover East
Schedule: FY2016
Progress: New owner of farm south of Morgan Branch | In discussion about
possible relocation of some poles for irrigation | Received permit | ordered
69kV Rebuild
poles | Need to work on in off-season (planting) | Possibly do one section
EE1500 (Horsepond to Long
soon and the rest in Oct/Nov |
Point) Cartanza
Schedule: FY15 is for Design |FY16 budget is for construction
Progress: Work to begin this fiscal year | Material has been allocated |
Drawing/design is complete |
EE1622 Persimmon Tree Apts
Schedule: In progress
Progress: Work to begin this fiscal year | Might be night bore. Need to com-
plete design |
EE1619 Route 8 - Mifflin Road
Schedule: FY2016
Progress: Work to begin this fiscal year | Easements received | Material Allo-
cated | 20% of the conduit is installed |
EE1620 Route 8 Taps
Schedule: In process
Progress: Boring is done | equipment is set | Need to pull primary wires
after hours | Secondary's complete
EE1621 Townsend Bros.
Schedule: In progress
Progress: Work to begin this fiscal year | Preliminary design completed |
EE1617 Oak Grove T.P.
Schedule: FY2016
16 City Manager’s Monthly Report, February 2016
Página 158
CITY OF DOVER
FINANCE AND PROCUREMENT & INVENTORY DEPARTMENTS
FEBRUARY 2016 - MONTHLY BUDGET REPORTS
PLEASE NOTE – THIS REPORT PROVIDES TOP LINE INFORMATION ON THE OPERATING
FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION, PLEASE FEEL FREE TO
CONTACT THE FINANCE DEPARTMENT.
Página 159
CITY OF DOVER
ACTIVITY REPORTS
FEBRUARY 2016
FINANCE DEPARTMENT ACTIVITY LEVELS
FY15 YTD FY16 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 4,648 4,689
Total Amount of All Deposits $ 88,033,287 $ 90,794,622
PAYROLL
Hours % Amount Hours % Amount
Gross wages per registers 566,121 100.0% $ 13,506,156 589,058 100.0% $ 14,081,309
Wages and Hours Worked
Regular 460,625 81.4% $ 10,228,460 478,579 81.2% $ 10,597,728
All over time 22,291 3.9% $ 921,734 24,700 4.2% $ 1,036,174
Other Paid or Unpaid Wages and Hours
Vacation 32,203 5.7% $ 860,398 31,214 5.3% $ 855,200
Sick 13,508 2.4% $ 344,365 10,227 1.7% $ 253,807
Terminal Leave - Retiree Vacation/Sick Payout 15,771 2.8% $ 499,430 16,555 2.8% $ 535,329
Comp Time 5,655 1.0% $ 161,626 5,030 0.9% $ 146,917
Personal 1,236 0.2% $ 37,298 1,117 0.2% $ 33,804
Leave Without Pay 2,380 0.4% $ - 2,238 0.4% $ -
Other (description below) 12,463 2.2% $ 452,845 19,400 3.3% $ 627,281
Other includes: pay adjustments, military differential pay, training, committee meetings, worker compensation tracking/adjustments, etc.
Other Activity
Number of Pay Periods 17 17
Number of Payroll Checks & Direct Deposits Issued 6,263 6,587
Number of Pension Checks Issued 2,029 2,032
Total Pension Benefits Paid - Defined Benefit Plan $ 3,470,460 $ 3,484,814
ACCOUNTS PAYABLE
Number of Check Vouchers 3,843 4,001
Number of EFT Vouchers 1,580 1,654
Vouchers Dollar Amount Disbursed $ 52,216,254 $ 50,536,860
PROCUREMENT & INVENTORY ACTIVITY LEVELS
Contingency & Warehouse Stock
3,500,000 1440
3,000,000 1435
2,500,000 1430
2,000,000 1425
Total Dollar Value
1,500,000 1420
Total Line Items
1,000,000 1415
500,000 1410
0 1405
Value: $2,934,240.64 Line Items: 1,418
Fuel Use
Unleaded: 10,207.3 gallons
Diesel: 4,959.4 gallons
Total Cost: $ 18,654.49
Página 160
City of Dover
Finance Department
Monthly Report – February 2016
General Fund Summary
Revised 67%
Budget Budget YTD Balance Budget
Beginning Balance $ 3,977,500 $ 4,820,400 $ 4,820,414 $ (14) 100.0%
Revenues
Court of Chancery Fees 1,065,100 1,065,100 712,540 352,560 66.9%
Police Extra Duty, Fines & Revenue 1,235,300 1,257,300 681,397 575,903 54.2%
Franchise Fees 672,300 672,300 338,850 333,450 50.4%
Grants 623,500 623,500 212,333 411,167 34.1%
Intrafund Services 5,231,200 5,265,300 3,255,877 2,009,423 61.8%
Library & Recreation Revenues 671,000 671,000 379,341 291,659 56.5%
Licenses & Permits 2,861,300 2,895,300 2,666,263 229,037 92.1%
Property Taxes (Includes BID Revenue) (1) 12,894,200 12,894,200 12,815,413 78,787 99.4%
Miscellaneous Revenues 57,700 127,900 165,304 (37,404) 129.2%
Sanitation Revenues 2,580,000 2,580,000 1,690,079 889,921 65.5%
Garrison Farm Rent Revenue 93,700 93,700 78,301 15,399 83.6%
Transfers-In from Special Funds & Utilities
Municipal Street Aid Fund 564,200 673,100 336,637 336,463 50.0%
Civil Traffic Penalties 450,000 450,000 286,237 163,763 63.6%
Transfer Taxes 1,340,000 1,986,100 1,820,922 165,178 91.7%
Verizon & Other Reserves 63,200 63,200 50,000 13,200 79.1%
Police Grants/Extra Duty 74,400 74,400 72,071 2,329 96.9%
Water/Wastewater Fund 850,000 850,000 566,667 283,333 66.7%
Electric Fund 10,000,000 10,000,000 6,666,667 3,333,333 66.7%
Total Revenues 41,327,100 42,242,400 32,794,899 9,447,501 77.6%
Total Beginning Balance & Revenues $ 45,304,600 $ 47,062,800 $ 37,615,313 $ 9,447,487 79.9%
Expenditures
City Clerk & Council $ 501,500 $ 505,900 $ 300,281 $ 205,619 59.4%
Mayor, City Manager & Human Resources 1,210,300 1,223,600 808,488 415,112 66.1%
Police & Police Extra Duty 15,761,400 16,486,300 10,023,916 6,462,384 60.8%
Public Services 4,669,500 4,706,500 2,819,701 1,886,799 59.9%
Engineering 181,400 181,400 79,596 101,804 43.9%
Procurement & Inventory, Facilities Mgmt., Fleet Maint. 2,036,200 2,053,200 1,271,527 781,673 61.9%
Planning, Inspections, Life Safety, Code Enf., & Economic Dev. 2,338,300 2,411,000 1,475,018 935,982 61.2%
Finance, Info Tech & Customer Services 2,807,800 2,837,800 1,740,576 1,097,224 61.3%
Library & Recreation 2,239,500 2,251,700 1,351,010 900,690 60.0%
Fire Department 745,400 745,400 488,073 257,327 65.5%
Assessor 234,800 238,200 153,354 84,846 64.4%
Contribution to DDP 70,000 70,000 35,000 35,000 50.0%
Miscellaneous Grant Expense 25,000 25,000 - 25,000 0.0%
Other Employment Expenses 520,100 178,600 - 178,600 0.0%
Bank & CC Fees 10,600 10,600 5,949 4,651 56.1%
Insurance 690,000 690,000 505,991 184,009 73.3%
New Street Property Acquisitions - 240,400 240,362 38 100.0%
OPEB - Retiree’s Health Care Contribution 1,895,600 1,567,700 1,012,083 555,617 64.6%
Police Pension Trust Contribution - State Grant 500,000 500,000 203,400 296,600 40.7%
Appropriation to Employee Pension Fund - 594,300 - 594,300 0.0%
Appropriation to Police Pension Fund 570,000 676,500 350,250 326,250 51.8%
Street Lights 797,700 797,700 534,906 262,794 67.1%
Debt Service 660,800 669,400 525,499 143,901 78.5%
Transfers Out
Capital Asset Reserve - 229,600 - 229,600 0.0%
Inventory Write-offs 10,000 10,000 10,000 - 100.0%
Capital Projects Fund 2,625,400 2,625,400 1,312,700 1,312,700 50.0%
Verizon Reserve 50,000 50,000 50,000 - 100.0%
Uncollectibles: Trash & Other 50,000 50,000 50,000 - 100.0%
Total Expenditures 41,201,300 42,626,200 25,347,680 17,278,520 59.5%
Budget Balance - Working Capital 4,103,300 4,436,600 - 4,436,600 0.0%
Total Budget Balance & Expenditures $ 45,304,600 $ 47,062,800 $ 25,347,680 $ 21,715,120 53.9%
Reserve Balances
Contingency $ 720,300 $ 721,400 $ 729,517
(1) Property Taxes are the taxes billed and not cash received. The outstanding receivable balance as of 2/29/16 is $323,932
as compared to $290,705 in February 2015.
Página 161
City of Dover
Finance Department
Monthly Report – February 2016
Water/Wastewater Fund Summary
Revised 67%
Budget Budget YTD Balance Budget
Beginning Balance - Water $ 861,600 $ 1,072,900 $ 1,072,915 $ (15) 100.0%
Beginning Balance - Wastewater 293,400 206,900 206,894 6 100.0%
1,155,000 1,279,800 1,279,809 (9) 100.0%
Revenues
Water Fees 6,200,000 5,676,000 3,662,578 2,013,422 64.5%
Wastewater Fees 3,728,000 3,944,000 2,561,595 1,382,405 64.9%
Wastewater Treatment Services 3,026,500 3,108,000 2,013,544 1,094,456 64.8%
Groundwater Inflow Adjustment 1,864,300 1,988,600 1,288,220 700,380 64.8%
Water Tank Space Leases 341,900 341,900 222,234 119,666 65.0%
Miscellaneous Service Fee 67,000 67,000 36,055 30,945 53.8%
Impact Fees - Water 250,000 250,000 158,230 91,770 63.3%
Impact Fees - Wastewater 250,000 250,000 139,116 110,884 55.6%
Total Revenues 15,727,700 15,625,500 10,081,572 5,543,928 64.5%
Total Beginning Balance & Revenues $ 16,882,700 $ 16,905,300 $ 11,361,381 $ 5,543,919 67.2%
Expenses
Water/Wastewater Operating Divisions
Engineering & Inspection $ 517,500 $ 521,500 $ 306,820 $ 214,680 58.8%
Water Department 673,300 678,100 409,210 268,890 60.3%
Water Treatment Plant 1,910,000 1,918,100 1,022,423 895,677 53.3%
Wastewater Department 968,600 968,600 507,107 461,493 52.4%
Kent County Treatment Charge 4,130,000 4,130,000 2,539,009 1,590,991 61.5%
Intrafund Service Fees 1,492,700 1,501,800 903,788 598,012 60.2%
Retiree's Health Care 178,600 60,200 60,200 - 100.0%
Debt Service 1,132,100 1,132,400 651,874 480,526 57.6%
Other Employment Expenses 20,000 3,100 - 3,100 0.0%
Bank & CC Fees 46,200 46,200 15,226 30,974 33.0%
Transfers Out
General Fund 850,000 850,000 566,667 283,333 66.7%
Contingency Reserve 32,000 32,000 - 32,000 0.0%
Appropriation to Pension Fund - 248,400 - 248,400 0.0%
Water I & E Fund 1,800,000 1,800,000 1,350,000 450,000 75.0%
Wastewater I & E Fund 1,500,000 1,500,000 1,125,000 375,000 75.0%
Total Expenses 15,251,000 15,390,400 9,457,324 5,933,076 61.4%
Budget Balances
Budget Balance - Working Capital - Water 1,048,600 684,000 - 684,000 0.0%
Budget Balance - Working Capital - WW 583,100 830,900 - 830,900 0.0%
Total Budget Balances 1,631,700 1,514,900 - 1,514,900 0.0%
Total Budget Balances & Expenses $ 16,882,700 $ 16,905,300 $ 9,457,324 $ 7,447,976 55.9%
Reserve Balances
Contingency-Water $ 137,700 $ 138,300 $ 106,530
Contingency-Wastewater $ 191,100 $ 191,300 $ 192,633
Impact Fee Reserve - Water $ 202,000 $ 429,000 $ 432,974
Impact Fee Reserve - Sewer $ 1,309,500 $ 1,588,800 $ 1,764,868
Bond Coverage Ratio (Covenant 1.20) 4.30 4.30 5.08
Página 162
City of Dover
Finance Department
Monthly Report – February 2016
Electric Revenue Fund Summary
Revised 67%
Budget Budget YTD Balance Budget
Beginning Balance $ 6,177,600 $ 8,337,500 $ 8,337,466 $ 34 100.0%
Revenues
Direct Sales to Customers 78,279,200 78,279,200 53,958,003 24,321,197 68.9%
Utility Tax 1,281,100 1,281,100 891,253 389,847 69.6%
Weyandt Hall Rents 202,600 202,600 128,735 73,865 63.5%
Miscellaneous Revenues 725,200 725,200 675,914 49,286 93.2%
Interest Earnings 47,900 47,900 17,747 30,153 37.1%
Transfer from Rate Stabilization 3,000,000 3,000,000 750,000 2,250,000 25.0%
Total Revenues 83,536,000 83,536,000 56,421,652 27,114,348 67.5%
Total Beginning Balance & Revenues $ 89,713,600 $ 91,873,500 $ 64,759,118 $ 27,114,382 70.5%
Expenses
Power Supply & Generation
Hedged Energy $ 23,402,600 $ 23,402,600 $ 16,310,546 $ 7,092,054 69.7%
Power Supply Management 996,000 996,000 664,000 332,000 66.7%
Capacity Charges 10,225,100 10,225,100 7,041,591 3,183,509 68.9%
Dover Sun Park Energy 2,313,900 2,313,900 1,189,530 1,124,370 51.4%
Renewal Energy Credits (Incl. Solar) 1,036,800 1,036,800 209,253 827,547 20.2%
RGGI 175,000 175,000 24,080 150,920 13.8%
PJM Charges - Energy 7,966,100 7,966,100 3,197,649 4,768,451 40.1%
PJM Charges - Transmission & Fees 7,932,500 7,932,500 3,727,513 4,204,987 47.0%
Total Power Supply 54,048,000 54,048,000 32,364,162 21,683,838 59.9%
Plant Operations 6,434,600 6,382,900 3,770,185 2,612,715 59.1%
Generation Fuels 1,167,300 1,167,300 1,187,208 (19,908) 101.7%
Capacity Credits (10,472,100) (10,472,100) (6,537,764) (3,934,336) 62.4%
PJM Spot Market Energy (1,708,300) (1,708,300) (977,692) (730,608) 57.2%
PJM Credits (360,000) (360,000) (447,840) 87,840 124.4%
Total Generation (4,938,500) (4,990,200) (3,005,903) (1,984,297) 60.2%
Total Power Supply & Generation 49,109,500 49,057,800 29,358,259 19,699,541 59.8%
Electric Operating Divisions:
Transmission/Distribution 4,068,600 3,630,300 2,372,145 1,258,155 65.3%
Electrical Engineering 1,335,800 1,249,300 729,721 519,579 58.4%
Administration 839,300 866,800 443,478 423,322 51.2%
Meter Reading 360,500 327,200 249,596 77,604 76.3%
Systems Operations 679,800 612,700 419,376 193,324 68.4%
Intrafund Services 3,738,500 3,763,500 2,352,089 1,411,411 62.5%
Utility Tax 1,281,100 1,281,100 891,253 389,847 69.6%
OPEB Trust Contribution - Unfunded Liability 1,030,000 - - - 0.0%
Retirees Health Care 537,800 57,700 268,902 (211,202) 466.0%
Interest on Deposits 20,500 20,500 11,562 8,938 56.4%
Green Energy Payment to DEMEC 128,000 128,000 87,695 40,305 68.5%
Accounts Receivable Write-Offs 200,000 200,000 200,000 - 100.0%
Other Employee Expenses 72,000 40,300 - 40,300 0.0%
Bank & CC Fees 242,300 259,300 168,712 90,588 65.1%
Debt Service 3,402,000 1,617,700 1,114,350 503,350 68.9%
Transfers Out:
General Fund 10,000,000 10,000,000 6,666,667 3,333,333 66.7%
Electric Improvement & Extension Fund 3,500,000 3,500,000 1,750,000 1,750,000 50.0%
Rate Stabilization Reserve - 394,800 - 394,800 0.0%
Transfer to Insurance Reserve 10,000 10,000 - 10,000 0.0%
Transfer to Contingency Reserve 13,000 13,000 - 13,000 0.0%
Total Expenses 80,568,700 77,030,000 47,083,805 29,946,195 61.1%
Budget Balance - Working Capital 9,144,900 14,843,500 - 14,843,500 0.0%
Total Budget Balance & Expenses $ 89,713,600 $ 91,873,500 $ 47,083,805 $ 44,789,695 51.2%
Reserve Balances
Contingency Reserve $ 844,600 $ 842,000 $ 833,165
Insurance Reserve $ 758,700 $ 756,200 $ 750,084
Rate Stabilization Reserve $ 4,602,600 $ 4,957,500 $ 6,842,425
Bond Coverage Ratio (Covenant 1.25) 2.62 6.85 5.17
Megawatt Hours Sold & Purchased
Sales to Customers MWh (excluding Street Light MWh) 712,390 712,390 488,781 68.6%
Sales per MWh $ 109.88 $ 109.88 $ 110.39 100.5%
Purchased/Generated MWh 741,522 741,522 506,645 68.3%
All In MWh Supply & Generation $ 66.23 $ 66.23 $ 57.95 87.5%
Página 163
City of Dover
Finance Department
Monthly Report – February 2016
General Capital Project Fund Summary
Revised 67%
Budget Budget YTD Balance Budget
Beginning Balance - Projects $ 154,800 $ 2,926,700 $ 2,926,738 $ (38) 100.0%
Revenues
State Grant - Other - 80,500 57,515 22,985 71.4%
Interest Earnings 5,000 5,000 2,763 2,237 55.3%
Income from Sale of Assets 20,300 51,900 105,708 (53,808) 203.7%
Transfer from General Fund for Projects 2,625,400 2,625,400 1,312,700 1,312,700 50.0%
2014 Loan Proceeds - PD/Fire/Streets - 30,500 30,505 (5) 100.0%
Total Revenues 2,650,700 2,793,300 1,509,191 1,284,109 54.0%
Total Beginning Balance & Revenue $ 2,805,500 $ 5,720,000 $ 4,435,929 $ 1,284,071 77.6%
Expenditures
Fire $ 145,600 $ 445,800 $ 445,594 $ 206 100.0%
Grounds Maintenance 201,100 188,800 29,196 159,604 15.5%
Recreation - 73,900 - 73,900 0.0%
Life Safety 55,700 55,700 56,363 (663) 101.2%
Police 262,100 302,700 211,097 91,603 69.7%
Streets 1,428,500 3,687,200 1,699,191 1,988,009 46.1%
Sanitation 449,000 449,000 - 449,000 0.0%
City Manager 24,700 24,700 - 24,700 0.0%
Fleet Maintenance 84,000 84,500 - 84,500 0.0%
Total Expenditures 2,650,700 5,312,300 2,441,441 2,870,859 46.0%
Budget Balance - Projects 154,800 407,700 - 407,700 0.0%
Total Budget Balance & Expenditures $ 2,805,500 $ 5,720,000 $ 2,441,441 $ 3,278,559 42.7%
Reserve Balances
Capital Asset Replacement Reserve $ 916,500 $ 1,147,200 $ 926,771
Parkland/Recreation $ 296,700 $ 321,800 $ 324,886
Página 164
City of Dover
Finance Department
Monthly Report – February 2016
Water/Wastewater Improvement & Extension Fund Summary
Revised 67%
Budget Budget YTD Balance Budget
Beginning Balance - Water $ 833,500 $ 4,990,300 $ 4,990,310 $ (10) 100.0%
Beginning Balance - Wastewater $ 1,027,600 $ 4,551,700 $ 4,551,722 $ (22) 100.0%
Revenues
Grants Receipts - 20,300 13,102 7,198 64.5%
Miscellaneous Receipts - 61,400 70,247 (8,847) 114.4%
Interest Earnings 25,000 69,900 74,957 (5,057) 107.2%
Transfer from Operating Fund for Water 1,800,000 1,800,000 1,350,000 450,000 75.0%
Transfer from Operating Fund for Wastewater 1,500,000 1,500,000 1,125,000 375,000 75.0%
Transfer from Impact Fee Reserve - Wastewater 165,000 165,000 - 165,000 0.0%
Total Revenues 3,490,000 3,616,600 2,644,152 972,448 73.1%
Total Beginning Balance & Revenues $ 5,351,100 $ 13,158,600 $ 12,186,184 $ 972,416 92.6%
Expenses
Water $ 2,028,600 $ 5,442,600 $ 1,330,168 $ 4,112,432 24.4%
Wastewater 1,822,100 5,299,100 1,463,174 3,835,926 27.6%
Water Treatment Plant - 284,400 104,369 180,031 36.7%
Total Expenses 3,850,700 11,026,100 2,897,711 8,128,389 26.3%
Budget Balance - Working Capital - Water 617,400 1,179,900 - 1,179,900 0.0%
Budget Balance - Working Capital - Wastewater 883,000 952,600 - 952,600 0.0%
Total Budget Balances 1,500,400 2,132,500 - 2,132,500 0.0%
Total Budget Balances & Expenses $ 5,351,100 $ 13,158,600 $ 2,897,711 $ 10,260,889 22.0%
Reserve Balances
Capital Asset Replacement - Water $ 518,500 $ 514,600 $ 517,191
Capital Asset Replacement - Wastewater $ 515,200 $ 513,400 $ 516,008
Página 165
City of Dover
Finance Department
Monthly Report – February 2016
Electric Improvement & Extension Fund Summary
Revised 67%
Budget Budget YTD Balance Budget
Beginning Balance $ 3,623,600 $ 7,095,300 $ 7,095,270 $ 30 100.0%
Revenues
Interest Earnings 26,700 57,900 53,841 4,059 93.0%
Transfer from 2010 Bond Reserve - 2,108,000 2,108,003 (3) 100.0%
Transfer from Electric Revenue Fund 3,500,000 3,500,000 1,750,000 1,750,000 50.0%
Income from Sale of Assets - - 4,379 (4,379) 0.0%
General Service Billing 1,900,000 1,900,000 212,032 1,687,968 11.2%
Total Revenues 5,426,700 7,565,900 4,128,255 3,437,645 54.6%
Total Beginning Balance & Revenues $ 9,050,300 $ 14,661,200 $ 11,223,525 $ 3,437,675 76.6%
Expenses
Electric Generation $ 1,655,000 $ 2,299,800 $ 602,645 $ 1,697,155 26.2%
Transmission/Distribution 2,887,600 3,602,900 627,052 2,975,848 17.4%
Electrical Engineering 1,724,300 3,401,700 1,210,401 2,191,299 35.6%
Meter Reading - 23,000 - 23,000 0.0%
Total Expenses 6,266,900 9,327,400 2,440,098 6,887,302 26.2%
Budget Balance - Working Capital (Unaudited) 2,783,400 5,333,800 - 5,333,800 0.0%
Total Budget Balance & Expenses $ 9,050,300 $ 14,661,200 $ 2,440,098 $ 12,221,102 16.6%
Reserve Balances
Depreciation Reserve $ 10,066,400 $ 10,033,800 $ 10,084,818
Future Capacity Reserve $ 10,218,000 $ 10,185,000 $ 10,236,757
City of Dover
Finance Department
Monthly Report – February 2016
Community Transportation Improvement Fund
Revised 67%
Budget Budget YTD Balance Budget
Beginning Balance $ 144,000 $ 57,800 $ 57,798 $ 2 100.0%
Revenues
Grants Revenue 500,000 688,900 237,573 451,327 34.5%
Interest Earned 500 500 119 381 23.8%
Total Revenues 500,500 689,400 237,692 451,708 34.5%
Total Beginning Balance & Revenues $ 644,500 $ 747,200 $ 295,490 $ 451,710 39.5%
Expenses
Program Expenses - Del Dot $ 644,000 $ 655,100 $ 197,326 $ 457,774 30.1%
Total Expenses 644,000 655,100 197,326 457,774 30.1%
Budget Balance - Working Capital 500 92,100 - 92,100 0.0%
Total Budget Balances & Expenses $ 644,500 $ 747,200 $ 197,326 $ 549,874 26.4%
Página 166
City of Dover
Finance Department
Monthly Report – February 2016
Police Grant Funds
Revised 67%
Budget Budget YTD Balance Budget
Beginning Balance $ 125,000 $ 154,900 $ 154,944 $ (44) 100.0%
Revenues
State & Federal Grants Received 527,300 527,300 800,561 (273,261) 151.8%
Interest Earnings - - 896 (896) 0.0%
Total Revenues 527,300 527,300 801,457 (274,157) 152.0%
Total Beginning Balance & Revenues $ 652,300 $ 682,200 $ 956,401 $ (274,201) 140.2%
Expenses
Cadet Program $ 80,300 $ 80,300 $ 49,336 $ 30,964 61.4%
Equipment & Program Supplies 410,600 379,600 71,039 308,561 18.7%
Technology Equipment 20,000 20,000 2,825 17,175 14.1%
Telephone/Fax 15,000 15,000 11,611 3,389 77.4%
Training/Conference/Food/Travel 17,000 45,000 55,474 (10,474) 123.3%
Consulting/Audit Fees 1,000 1,000 - 1,000 0.0%
Contractual services - 3,000 1,114 1,886 37.1%
Operating Transfers - Out 74,400 74,400 72,071 2,329 96.9%
Total Expenses 618,300 618,300 263,470 354,830 42.6%
Budget Balance - Working Capital (Unaudited) 34,000 63,900 - 63,900 0.0%
Total Budget Balances & Expenses $ 652,300 $ 682,200 $ 263,470 $ 418,730 38.6%
Página 167
City of Dover
Finance Department
Monthly Report – February 2016
Library Grant Fund
Revised 67%
Budget Budget YTD Balance Budget
Beginning Balance $ 17,300 $ 30,600 $ 30,571 $ 29 99.9%
Revenues
Grants Received 278,900 305,500 293,835 11,665 96.2%
Federal Grants 2,500 2,500 2,500 - 100.0%
Total Revenues 281,400 308,000 296,335 11,665 96.2%
Total Beginning Balance & Revenues $ 298,700 $ 338,600 $ 326,906 $ 11,694 96.5%
Expenses
Program Expenses/Supplies-State Grants $ 26,600 $ 27,500 $ 14,628 $ 12,872 53.2%
Program Expenses/Supplies-Federal Grants - 2,500 450 2,050 18.0%
Office Supplies 24,000 30,800 17,780 13,020 57.7%
Printing/Duplicating 13,200 12,500 7,232 5,268 57.9%
Postage 100 100 - 100 0.0%
Books 129,200 133,300 34,931 98,369 26.2%
Furniture 3,100 7,000 6,432 568 91.9%
Audio Visual Supplies 75,100 77,200 34,874 42,326 45.2%
Training/Conference/Food/Travel 2,000 8,800 589 8,211 6.7%
Contractual Services 900 - - - 0.0%
Office Equipment/Repairs & Maintenance 6,000 6,300 4,686 1,614 74.4%
Other Equipment - Lease 1,200 2,000 1,240 760 62.0%
Total Expenses 281,400 308,000 122,842 185,158 39.9%
Budget Balance - Working Capital 17,300 30,600 - 30,600 0.0%
Total Budget Balances & Expenses $ 298,700 $ 338,600 $ 122,842 $ 215,758 36.3%
City of Dover
Finance Department
Monthly Report – February 2016
After School Program/Substance Abuse Prevention Fund
Revised 67%
Budget Budget YTD Balance Budget
Beginning Balance $ 41,000 $ 98,200 $ 98,181 $ 19 100.0%
Revenues
Grants Received 55,700 28,000 21,023 6,977 75.1%
Recreation Revenue 33,000 33,000 20,226 12,774 61.3%
Total Revenues 88,700 61,000 41,249 19,751 67.6%
Total Beginning Balance & Revenues $ 129,700 $ 159,200 $ 139,430 $ 19,770 87.6%
Expenses
Temporary Help/Benefits $ 60,200 $ 60,200 $ 37,370 $ 22,830 62.1%
Program Expenses/Supplies 55,700 55,700 19,166 36,534 34.4%
Total Expenses 115,900 115,900 56,536 59,364 48.8%
Budget Balance - Working Capital 13,800 43,300 - 43,300 0.0%
Total Budget Balances & Expenses $ 129,700 $ 159,200 $ 56,536 $ 102,664 35.5%
Página 168
City of Dover
Finance Department
Monthly Report – February 2016
CDBG Fund
Revised 67%
Budget Budget YTD Balance Budget
Beginning Balance $ 2,100 $ 2,100 $ 87,290 $ (85,190) 4156.7%
Revenues
Grants Received 265,400 272,800 113,353 159,447 41.6%
Interest Earnings - - 115 (115) 0.0%
Total Revenues 265,400 272,800 113,468 159,332 41.6%
Total Beginning Balance & Revenues $ 267,500 $ 274,900 $ 200,758 $ 74,142 73.0%
Expenses
Closing Cost/Down Payment Program $ 60,000 $ 60,900 $ 40,000 $ 20,900 65.7%
Connection Community Supply Program 7,400 7,400 4,585 2,815 62.0%
Dover Interfaith Ministry 27,000 27,000 13,700 13,300 50.7%
MHDC Emergency Home Repair 35,300 35,300 12,989 22,311 36.8%
MHDC Homeowner Rehab 52,900 52,900 17,281 35,619 32.7%
Elizabeth W Murphy School - - - - 0.0%
Habitat For Humanity 40,000 40,000 24,819 15,181 62.0%
NCALL Research Inc. - 6,500 5,500 1,000 84.6%
Peoples Place 6,800 6,800 6,722 78 98.9%
Salaries 36,000 36,000 22,718 13,282 63.1%
NSP Expense - - 20,000 (20,000) 0.0%
Total Expenses 265,400 272,800 168,314 104,486 61.7%
Budget Balance - Working Capital 2,100 2,100 - 2,100 0.0%
Total Budget Balances & Expenses $ 267,500 $ 274,900 $ 168,314 $ 106,586 61.2%
Página 169
Monthly Report
February 2016
Economic Development Office
Página 170
2016_02 Economic Development
Toured Uzin Utz with Senator Tom Carper
Attended DAC meeting regarding Kmart property
Attended Parking & Safety Committee meeting and increased Bradford Street parking
permits
Contacted City Solicitor to prepare deed for closing for Advantech
Met with manager of Safeway store, Kent County Tourism Director and Downtown
Coordinator
Attended Greater Kent Committee meeting
Teleconference with Adam Goodman, Goodman Properties, regarding Playtex #1 Plant
and proposed utilization of the plant’s property
Attended state-wide Economic Planning Meeting in Wilmington hosted by Bob Perkins
Attended meeting with Mike Leister and Jim Waddington to discuss bylaw changes for
Kent County Tourism
Met with owner of Miken Builders to discuss potential future buildings
Attended Dover AFB Honorary Commander induction ceremony
Met with Joe Petrosky to discuss loan payoff
Meeting with Becker Morgan Group and Lighthouse Construction to discuss future plans
for Loockerman Way Plaza
Attended LEADS Group meeting at R&R Commercial Realty
Met with Mitch May to discuss future of Economic Development Committee for the
Downtown Dover Partnership
Dinner meeting with Dean Covington, DSU, and SAP Representative
Attended Central Delaware Chamber of Commerce Board Meeting
Met with Delaware State Housing Authority representatives to review DDD applications
Met with Mayor and representative from Carmike Theatres to discuss possible
promotion plans for the City
Chaired Marketing & Promotions Committee meeting
Attended the DEED Committee meeting
Attended closing for Advantech
Made arrangements with DEDO Secretary Whalley to attend next DEED meeting and
make a presentation
Attended Economic Forecast meeting at University of Delaware
Attended mandatory City of Dover ICMA training
Attended Food Innovation District meeting
Met with Joe Zilcosky to discuss funding for transportation study on White Oak Road
Provided Dover Post reporter an interview on Downtown Development
Página 171
Attended meeting with Assistant City Manager and representatives from Data Center
Attended budget review meeting with City Manager
Met with realtor to discuss Mrs. McCoy’s building at 201 W Loockerman Street
Attended University of Delaware Economic Incentive overview at the Duncan Center
Attended meeting with Downtown Delaware Coordinator and DDP Committee Chairs
Measures:
1 Maintain an unemployment rate for the City of Dover that is lower than national and
state averages
2013-2014 Actual 2014-2015 Actual 2015 - 2016 Actual
Results <10% unemployment rate < 10% unemployment rate <10% unemployment rate
in June 2014 in June 2015 in June 2016
6.1 % - US Rate 5.3 % - US Rate 4.9% - US Rate
6.9 % - DE Rate 4.7 % - DE Rate 4.6 % - DE Rate
8.3% - City of Dover Rate 7.4% - City of Dover Rate 6.0% - City of Dover Rate
June 2014 Actual June 2015 Actual February 2016 Actual
2 Monitor number of contacts with small businesses and with out-of-town companies
interested in locating in Dover
2013-2014 Actual 2014-2015 Actual 2015 - 2016 Actual
Results ≥20 contacts with potential >20 contacts with potential >20 contacts with potential
small businesses; small businesses; small businesses;
23 contacts YTD 20 Contacts YTD 20 Contacts YTD
≥11 contacts with out-of- >11 contacts with out-of- >11 contacts with out-of-
town companies interested town companies interested town companies interested
in locating in Dover in locating in Dover in locating in Dover
13 Contacts YTD 16 Contacts YTD 16 Contacts YTD
2016_2 Downtown Dover Partnership
Provided technical assistance to two (2) prospective small business individuals on overall
business development within the Downtown Dover Business District
Continued providing technical assistance to two (2) prospective small business
individuals on locating available space within the downtown district to lease
Provided thirteen (13) hours of Technical Assistance to merchants located in the
Downtown Business Corridor
Página 172
Completed the USDA Rural Quarterly Statics Performance Report
Coordinated logistics for the American Heart Association Awareness Campaign at the
Loockerman Way Plaza with AHA staff
Coordinated and facilitated logistics for the St. Patrick’s Day Parade
Attended the Delaware Governor’s Commission on Hispanic Affairs – Economic
Development Subcommittee Meeting
Attended the Delaware Department of Agriculture - Farmers Market Manager’s
Meeting.
Completed and submitted Phase II of Restoring Central Dover Work Group Funding
Request
Provided Jim Klinedinst, Central Delaware Visitors Guide with event information
occurring in Dover for the remainder of 2016
Provided Renee McGlothlin, Wesley College, technical assistance in coordinating the
Annual Wishfest Event
Attended the Restoring Central Dover Planning Committee Meeting
Provided Sydney Arzt, Schwartz Center, technical assistance in developing and revising
day/night time parking maps
Updated Program Website with revised materials
Telephone conference with Kira Tieman, Chick-Fil-A, regarding special event
collaboration
Provide Tiffanee Lee-Scott, Tiffanee & Company, technical assistance with Façade Grant
application
Submitted Inter-Agency referral to First State Loan for technical assistance in reviewing
loan application for client represented by Connor Jacobsen Realty
Met with Catherine Wimberley, Dover Library, to discuss logistics for Comic Con Event
Completed and submitted final draft of Program FY’ 15 Annual Report
Telephone Conference with Kate Layton, Dover/Kent MPO, on public outreach
initiatives
Attended the monthly Program Board of Directors Meeting
Submitted work order to remove Christmas tree from the Loockerman Way Plaza
Met with Program Director and Zonnie Adamolekun, Adazio Realty, to discuss the
Downtown Development District Incentive Program
Registered business closing of Dinos & Darlings Store
Met with Program Director, Kent County Tourism Representative and Mike Holthaus
from Safeway to discuss event sponsorship opportunities
Met with Keven Staley from Cloud Geeks to discuss development of workshop series
regarding Small Business Development Workshop Program
Attended the US SBA Delaware Resource Partner Meeting and Luncheon
Met with Lakisha Wingard from Communities in Schools to discuss logistics for the
Dover Police Athletic League & Youth Outreach Event
Assisted Program Staff with completion of 2016 Downtown Delaware Revitalize Award
Nominations
Revised the Monthly Downtown Development District Corridor Vacancy Database
Página 174
DEPARTMENT OF POLICE
Paul M. Bernat 400 South Queen Street
Chief of Police Dover, Delaware 19904
F.B.I.N.A. 302-736-7111
Fax: 302-672-1842
April 11, 2016
Honorable Robin Christiansen, Mayor
Member of Dover City Council
City Hall
Dover, DE 19901
Mayor Christiansen and Council Members:
The following is the monthly report for Dover Police Department activities for the month of
February 2016:
COMPLAINTS
Total complaints received through February 29th, numbered 6,564, this is an increase of 1,397
complaints over the same period last year.
8,000
6,564
6,000 5,497 5,363 5,167
5,025
4,000
2,000
0
2012 2013 2014 2015 2016
CRIMINAL INVESTIGATIONS
10 9
8
8 6
6 4
4 3 3 3 3 3
2 1 1
0 0
0
Burglary Robbery Rape Homicide Sudden Death
Cases Reported in February Cases Cleared In February Cases Cleared from Previous Months
1 | P a g e Dover Police Department Monthly Report
Página 175
COMMUNITY POLICING – SAFE STREETS ENFORCEMENT & CADETS
SAFE STREETS ENFORCEMENT CONTACTS
ABANDONED VEHICLES 5
ALCOHOL VIOLATIONS/DUI’S 0
ASSIST OTHER 32
WARRANTS ON FILE 1
CITY PARK VIOLATIONS 0
CRIMINAL ARRESTS 31 CADETS CONTACTS
DRUG RELATED ARRESTS 60 PARKING 16
LOUD MUSIC 0 DCO’S 19
MISCELLANEOUS VIOLATIONS 2 OPEN CONTAINER 2
PARKING VIOLATIONS 10 LOUD NOISE 0
PEDDLER 0 LEWDNESS 0
MEETINGS 124 OTHER 2
GUNS 3 BUSINESS CONTACTS 104
CURFEW CHECKS 110 LIBRARY CHECKS 0
CRIME PREVENTION CHECK 0 COMPLAINTS ASSIGNED 61
TRAFFIC ARRESTS 16 SPECIAL EVENT 4
WARNINGS 5 TOTAL CONTACTS 208
FUGITIVE 6
DCO 2
PROSTITUTION 0
TOTAL CONTACTS 407
TRAFFIC ARRESTS
The department issued 2,628 traffic citations through this reporting period. This is an increase of 380
citations over the number issued during the same period last year.
3,500
2,921
3,000
2,666 2,628
2,496
2,500 2,248
2,000
1,500
1,000
500
0
2012 2013 2014 2015 2016
2 | P a g e Dover Police Department Monthly Report
Página 176
TRAFFIC CRASHES
Through February 29th, Dover Police investigated 279 traffic crashes. This is a decrease of 6 crashes
investigated during the same period last year.
330 322
320 315
310
298
300
290 285
279
280
270
260
250
2012 2013 2014 2015 2016
911 Center
During the month of February, the Dover Police Department handled a total of 8,402 calls averaging 290
calls per day. Dispatchers handled 1,998 on the 911 wireless lines, 589 on the 911 landlines, and 208 on
the Voice Over Internet Protocol lines, the remaining 5,607 were administrative calls.
24%
7%
67%
2%
911 Wireless 911 Landline VoIP Administrative
CITY ORDINANCE SUMMONS
Through February 29th, we issued 990 city ordinance summons, a decrease of 16 summonses on the same
period last year. Note: Of those summonses issued in February, 13 DCO’s were issued for handicapped
parking violations and 1 for fire lane parking violations, 56 for false alarms (27, for 1-2 alarms, 23, for 3-
5 alarms, 6, for 6-9 alarms, 0, for 10-15 alarms, and 0, for 16 or more alarms) and 5 for noise violations
(0, for vehicle violations and 5, for residence violations).
1,400 1,192 1,219 1,122 1,094
1,200 1,006 990
1,000 746
800 651
528 558
600
400
200
0
2012 2013 2014 2015 2016
ISSUED 1,192 1,122 1,094 1,006 990
PAID 1,219 651 528 746 558
3 | P a g e Dover Police Department Monthly Report
Página 177
SEX OFFENDER STATISTICS/FEBRUARY
MONTHLY NON COMPLIANT
VERIFICATIONS NOTIFICATIONS
REVERIFICATIONS WARRANTS
TIER 1 0 0 0 0
TIER 2 23 2139 27 4
TIER 3 11 1383 9 0
ACTIVE SEX OFFENDERS THAT RESIDE IN THE CITY OF DOVER (please note, Tier 1
offenders are not contacted by Dover Police Sex Offender Agents).
200
183
175
180
160
140
120
100
77 77
80
60
40
20
0
JANUARY FEBRUARY
TIER 2 175 183
TIER 3 77 77
(Please note, Tier 1 offenders are not contacted by Dover Police Sex Offender Agents).
Please visit our website at www.doverpolice.org for up to date information on crimes and activities
in the City of Dover.
Respectfully Submitted,
Paul M. Bernat
Chief of Police
4 | P a g e Dover Police Department Monthly Report
Página 178
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2016-09
WITH COUNCIL COMMITTEE OF THE WHOLE/SAFETY ADVISORY AND
TRANSPORTATION COMMITTEE AMENDMENT #1 (CCW/SA&T#1)
(CCW/SA&T Committee Amendment Indicated in Yellow Highlight)
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 98 - Streets, Sidewalks, Storm Sewers and Other Public Places, Article I. - In General, Section
4 98-10 - Speed Reduction Devices of the Dover Code be amended by deleting the text indicated in red
5 strikeout and inserting the bold, blue text, as follows:
6 Sec. 98-10. - Speed reduction devices.
7 (a) Definitions. The following words, terms and phrases, when used in this section, shall have the
8 meanings ascribed to them in this section, except where the context clearly indicates a different
9 meaning:
10 Speed bump shall mean a transverse hump, generally designed as a rounded, raised
11 pavement structure usually from two to six inches high and one to three feet from front to
12 back, set into the surface of a street, parking lot, or driveway to slow the traffic. Their
13 design generally dictates comfortable crossing speeds of five miles per hour or less so they
14 are usually appropriate only for use where vehicle speeds are typically the lowest to begin
15 with such as parking lots, private roads, and on some residential streets.
16 Speed cushion shall mean a speed hump with an unraised path for fire trucks and
17 ambulances through the hump. Speed cushions are devices designed as several small speed
18 humps installed across the width of the road with spaces between them. They are generally
19 installed in a series across a roadway resembling a split speed hump.
20 Speed hump shall mean a raised area in the pavement surface, usually from three to four
21 inches high and 10 to 12 feet from front to back, extending transversely across the travel
22 way. The purpose of the length of a speed hump is to allow the entire vehicle to be on the
23 hump at once before it descends the far side onto the pavement to reduce the likelihood
24 that a vehicle will “bottom out” when going over the speed hump. Speed humps are
25 typically applied to residential streets where speed limits do not exceed 25 miles per hour.
26 (b) Prohibited. Any device used as a means of speed reduction on any city or private street, drive,
27 parking lot, fire lane or any other driveable surface, which causes a change in elevation which may
28 result in emergency equipment having to reduce speed during a time of emergency, is prohibited.
29 (c) Permitted. Speed cushions may be installed on privately owned commercial property, at the
30 owner’s expense, following review by the Safety Advisory and Transportation Committee and
31 approval by City Council. Any other type of speed reduction device on private commercial
32 property within the City is prohibited.
Página 179
Proposed Ordinance #2016-09 with CCW/SA&T#1- Chapter 98, Appendix A, and Appendix B - Speed Cushions Page 2
33 (d) Installation and Design standards. Installation and design standards for speed cushions shall
34 be in accordance with the Delaware Traffic Calming Design Manual.
35 (Code 1981, § 7-4; Ord. of 5-26-1998)
36 BE IT FURTHER ORDAINED:
37 That Appendix A - Subdivisions, Article VI - Subdivision - General Requirements and Design Standards,
38 Section A - Streets, Paragraph 1 of the Dover Code be amended by deleting the text indicated in red
39 strikeout and inserting the bold, blue text, as follows:
40 A. - Streets.
41 1. The layout, character, extent, width, grade and location of proposed streets shall be established with due
42 regard to:
43 (a) Public convenience and safety.
44 (b) Proposed uses of the land to be served by said streets.
45 (c) Proper relation and connection with, continuation and projection of streets to adjacent areas; whether
46 these streets are existing, or proposed in another subdivision, in a neighborhood plan, in the
47 development plan, or in the official map, as approved or adopted by the commission. Where existing
48 or proposed streets are located on adjacent land, then the planning commission shall require street
49 extensions at points in which the commission determines are suitable for future connections to
50 adjacent developable lands on each side of the development.
51 (d) Topography and other land features.
52 (e) Speed bumps or dips for the purpose of slowing down traffic shall not be permitted on any
53 streets.
54 (e) Speed reduction devices on any city or private street, drive, parking lot, fire lane or any other
55 driveable surface, which causes a change in elevation which may result in emergency
56 equipment having to reduce speed during a time of emergency, is prohibited. Speed cushions
57 may be installed on privately owned commercial property, in accordance with Chapter 98 -
58 Streets, Sidewalks, Storm Sewers and Other Public Places, Article I. - In General, Section
59 98-10 - Speed Reduction Devices.
60 BE IT FURTHER ORDAINED:
61 That Appendix B - Zoning, Article 10 - Planning Commission, Section 2 - Site Development Plan Approval,
62 2.54 - Proposed Development of the Dover Code be amended by deleting the text indicated in red strikeout
63 and inserting the bold, blue text, as follows:
64 2.54 Proposed development.
65 (A) Existing buildings and other structures.
66 (B) Location and width of all proposed streets and rights-of-way. Speed bumps or speed dips for
67 the purpose of slowing down traffic on any street shall not be permitted.
68 (C) Location of all proposed structures, except one-family detached dwellings, and an indication
69 of the total number of dwelling units.
70 (D) Location and dimensions of all lot lines.
71 (E) Building setback lines on all lots.
72 (F) Location of all uses not requiring structures, including parks, playgrounds and other open
73 space areas.
Página 180
Proposed Ordinance #2016-09 with CCW/SA&T#1- Chapter 98, Appendix A, and Appendix B - Speed Cushions Page 3
74 (G) Location and plans for any outdoor signs.
75 (H) Location, direction, power and time of use for any proposed outdoor lighting.
76 (I) The location, size and arrangement of proposed sidewalks, driveways, loading areas, off-street
77 parking areas and other paved areas.
78 (J) Indication of the total amount of impervious surfaces and the development coverage.
79 (K) Any proposed changes in elevation of the site and elevations of all streets, parking areas, and
80 building foundations. The datum to which all elevations, including existing contour elevations,
81 refer shall be clearly indicated on the plan.
82 (L) Plans for surface drainage of the site. Such plans shall include stormwater run-off calculations
83 and shall show the proposed method of accommodating the anticipated run-off.
84 (M) Any proposed below-ground or above-ground utilities and any contemplated public
85 improvements, including road improvements, on or adjoining the property. Plans for such
86 utilities and improvements shall indicate whether the developer, the city, or other agency will
87 bear the financial responsibility for the construction, and which improvements are intended
88 to be dedicated to the city.
89 (N) Proposed grading, screening and other landscaping, including types and locations of proposed
90 street trees.
91 (O) Architectural elevation drawings or other graphic representations illustrating exterior building
92 characteristics of proposed buildings and/or building additions that would be visible from the
93 public right-of-way. Elevation drawings shall be drawn to scale and shall reflect major
94 architectural elements such as exterior surface materials, windows, doors, columns, and
95 wall-mounted signage. Elevation plans are intended to provide a general depiction of the
96 physical appearance, massing and scale of the proposed construction.
97 (P) Speed reduction devices on any city or private street, drive, parking lot, fire lane or any
98 other driveable surface, which causes a change in elevation which may result in
99 emergency equipment having to reduce speed during a time of emergency, is prohibited.
100 Speed cushions may be installed on privately owned commercial property, in accordance
101 with Chapter 98 - Streets, Sidewalks, Storm Sewers and Other Public Places, Article I.
102 - In General, Section 98-10 - Speed Reduction Devices.
103 ADOPTED: *
104 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-09 CH 98 SPEED REDUCTION DEVICES\Proposed Ordinance #2016-09 w CCW-SA&T#1 - Ch 98, App A, and App B-First Reading.wpd
105 SYNOPSIS
106 The proposed amendments would permit speed cushions on privately owned commercial property.
107 (SPONSORS: HOSFELT AND COLE)
108 Actions History
109 04/11/2016 - Scheduled for First Reading/Referral - City Council
110 03/29/2016 - Introduction - Council Committee of the Whole/Safety Advisory and Transportation Committee meeting