Anexo

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA September 12, 2011 - 5:30 P.M. - Council Chambers - City Hall - City of Dover Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Law Enforcement Training for Fire Marshal (Deferred by Committee on August 22, 2011 Due to Time Constraints) (Due to Time Constraints, This Item Has Been Placed on the Council Agenda for the Meeting Being Held Later in the Evening) 2. Proposed Resolution No. 2011-11 - Request to General Assembly to Amend the City of Dover Charter - Length of Terms for Mayor and Council (Deferred by Committee on August 22, 2011 Due to Time Constraints) 3. Proposed Ordinance #2011-15 - Appendix A - Subdivisions - Regarding Homeowners' Associations (Tabled by Committee on June 27, 2011) 4. Evaluation of Bids - Municipal Street Sweeper 5. Review of Policy for Physical Posting of Properties Proposed for Rezoning 6. Financial Policy - Carry-Forward Balances 7. Elimination of Delinquent (Blue) Notices 8. Implementation of Social Media Policy (Deferred by Committee on August 22, 2011 Due to Time Constraints) 9. Public Comment Period 10. Adjournment by 7:00 P.M. /tm S:\AGENDAS & MINUTES\Committee-Agendas\2011\09-12-2011 LF&A.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

ACTION FORM PROCEEDING: Legislative and Finance Committee DEPARTMENT OF ORIGIN: Fire Marshal’s Office DATE SUBMITTED: August 1. 2011 PREPARED BY: David Truax - Fire Marshal SUBJECT: Law Enforcement Training REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: Director of Planning & Community Development, Interim City Manager, City Controller EXHIBITS: Letters from Office of the Attorney General and Dover Police Chief, Summary of Cost Savings EXPENDITURE REQUIRED: $ 2,500 for training & $1,300 for equipment AMOUNT BUDGETED: $ 0 FUNDING SOURCE (Dept. /Page in CIP & Budget): Staff proposes that funds be transferred within the FY 2012 Life Safety operating budget. Funds would be transferred from Safety & Security 110-1600-531.20-32 to Training 110-1600-531.30-28 TIMETABLE: As soon as an academy class opens up (Fall 2011). RECOMMENDED ACTION: Staff recommends that the Committee support sending a deputy fire marshal to Police Academy Training. BACKGROUND AND ANALYSIS For the past 15 years the Fire Marshal’s office has relied on Dover Police Department to assist with fires that have been determined to be of a criminal nature. The reason for this is that Fire Marshals for the City do not have law enforcement powers. State Fire Marshals and City of Wilmington Fire Marshals do have these powers. The first paid Fire Marshal for the City of Dover Jack Rowe was with the city police prior to being appointed Fire Marshal and Fire Marshal Jimmy Melvin was given police powers though a Dover Police training academy in 1991. Although the present joint investigation method has served the city well in past years, the complexity and time needed to make an arrest for the crime of arson is making this system cumbersome. Based on the cost of overtime for a Dover police detective, with approximately 8 to 10 responses to fire calls each year, we estimate a savings of approximately $3,000 per year in Police Department overtime should a deputy fire marshal be granted police power. The training cost is estimated at $2,500, and the equipment cost is estimated at $1,300. The deputy fire marshal with police training would be able to participate in training offered by the Police Department to maintain the police certification with no additional cost to the City. There are no promotions, upgrades, or anticipated increases in salary associated with this training. In addition to the overtime savings, Fire Marshals having law enforcement powers would allow for the Fire Marshal’s Office to conduct a criminal fire investigation through to the end, free up Dover Police Department from having to conduct criminal fire investigations, and ensure public safety by conducting thorough investigations.

FIRE MARSHAL Dave Truax Fire Marshal PHONE: (302) 736-7011 FAX: (302) 736-4217 DEPUTY FIRE MARSHALS Sam Gonzalez Ed Graves Tim Mullaney Here is the number of times Dover PD Patrol assisted the FMO during a fire investigation. They are the first to arrive on scene and start gathering witnesses and suspect’s information in not so nice areas of the City. They remain on scene as security for the Fire Marshals as they are not armed. A Patrol Officer with 2 years of experience makes $22 an hour. The average time spent assisting us on a fire scene is about 1 hour. 2006 87x $22 =$1,914 2007 88x $22 =$1,936 2008 87x $22= $1,914 2009 66x $22= $1,452 2010 66x $22+ $1,452 The CI “Criminal Investigations” Unit assists the FMO about 8 to 10 times a year. This is never the same each year as the FMO is busier some years than others. The lowest Detective paid is around $50 an hour. The average amount of time that a Detective puts into the average case is about 4-6 hours; 6x$50= $300 per case. $300 x 10=$3,000. The average money spent per year for assists by Patrol Units is $1,733.60 + $3,000= $4,733.60. I have tried to use the lowest numbers for pay. The bigger the fire, the more time Patrol and CI have to invest; however, I think it would be safe to say that by providing Fire Marshal Law Enforcement Training, it could save about $4,000 a year. The cost of the training is an average of $2,500 and includes the following: Training Cost Physician $ 500 Psychiatric Test $ 180 Food (State Police Academy) $1,100 PT Clothing $ 320 Uniform $ 400 Total $2,500 P.O. Box 475, Dover, DE 19903-0475 Community Excellence Through Quality Service

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee AGENDA OF: 09-12-2011 DEPARTMENT OF ORIGIN: City Council DATE SUBMITTED: 08-12-2011 PREPARED BY: Traci A. McDowell, City Clerk on Behalf of Councilman Hutchison SUBJECT: Proposed Charter Amendment - Term Lengths for Mayor and Council EXHIBITS: 1) Proposed Charter Amendment TIMETABLE: Recommendation to City Council on 09-12-2011 RECOMMENDED ACTION: Adoption of Proposed Resolution No. 2011-11 BACKGROUND AND ANALYSIS At the request of Councilman Hutchison, the City Clerk prepared Proposed Resolution No. 2011-11 requesting the Delaware General Assembly to amend the City of Dover Charter to increase the term lengths for the Mayor and Council from two (2) years to four (4) years. /tm S:\CAFS\08-22-2011-LF&A CAF - Charter Amendment- M&C Term Length.wpd

City of Dover MAYOR AND COUNCIL 1 PROPOSED COUNCIL RESOLUTION NO. 2011-11 2 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 3 MET: 4 That the Mayor and Council have determined that the Charter of the City of Dover, should be 5 amended by increasing the term lengths of the Mayor and City Council members from two (2) years 6 to four (4) years. Therefore, the Mayor and Council of the City of Dover respectfully request the 7 General Assembly of the State of Delaware to amend Article II - Mayor and Council, Section 5 - 8 Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications, 9 Section 6 - Municipal election; dates, time, and place of elections, and Section 7 - Nomination 10 petitions for candidates for council and mayor, of its Charter, which amendments, if adopted by the 11 General Assembly, would be as follows: 12 CITY OF DOVER CHARTER - ARTICLE II - MAYOR AND COUNCIL 13 Sec. 5. - Council to be legislative body; size; districts; terms of mayor and councilmen; 14 qualifications. 15 The council shall be the legislative body of the city and composed of nine (9) members nominated 16 and elected as herein provided. 17 In order that the members of council shall be distributed over the city, the city shall be divided into 18 four (4) election districts, the district boundaries of which shall be established by council so that the 19 districts are nearly equal in population as shown by the most recent federal decennial census. The 20 district boundaries established for municipal elections shall continue in effect until the next 21 succeeding federal decennial census is made available for use by municipalities in the State of 22 Delaware, at which time council shall redistrict the city so that the districts shall be nearly equal in 23 population in accordance with said census, which redistricting shall be used for the next regular 24 municipal election, which procedure shall be followed by council after each succeeding federal 25 decennial census in this manner so that the districts shall be maintained as nearly equal in population 26 as possible at all times. P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

Resolution No. 2011-11 Amending Sections 5, 6, and 7 of the City of Dover Charter Page 2 27 The term of mayor shall be for a period of two years commencing on the second Monday in 28 May following their election and continuing for a term of two years until the second Monday 29 in May or until their successor has been duly elected and qualified. 30 The term of the councilmen shall be for two years. In each regular municipal election held in 31 an odd numbered year, five councilmen shall be elected, four by district voting being from the 32 districts and one at-large as stated herein. In each regular municipal election held in an even 33 numbered year, four councilmen shall be elected by district voting from each of the districts 34 of the city. 35 At the regular municipal election held in April of 2012, the mayor shall be elected at-large. 36 The term of mayor elected at the April 2012 regular municipal election shall be for a period 37 of three (3) years, commencing on the second Monday in May following his election and 38 continuing for a term of three (3) years until the second Monday in May 2015, or until his/her 39 successor has been duly elected and qualified. Thereafter, commencing with the regular 40 municipal election to be held in April of 2015, the term of mayor shall be for a period of four 41 (4) years commencing on the second Monday in May following his/her election and continuing 42 for a term of four (4) years until the second Monday in May, or until his/her successor has 43 been duly elected and qualified. 44 At the regular municipal election held in April of 2012, four (4) councilmen shall be elected by 45 district voting from each of the districts of the city. The term of the councilmen elected at the 46 April 2012 regular municipal election shall be for three (3) years, commencing on the second 47 Monday in May following their election and continuing for a term of three (3) years until the 48 second Monday in May 2015, or until their successors have been duly elected and qualified. 49 At the regular municipal election held in April of 2013, five (5) councilmen shall be elected, 50 four (4) by district voting being from the districts and one (1) at-large. The term of the 51 councilmen elected at the April 2013 regular municipal election shall be for a period of four 52 (4) years, commencing on the second Monday in May following their election and continuing 53 for a period of four (4) years until the second Monday in May, or until their successors have 54 been duly elected and qualified. 55 Thereafter, commencing with the regular municipal election to be held in April of 2013, the 56 terms of the councilmen shall be for a period of four (4) years, commencing on the second 57 Monday in May following their election and continuing for a term of four (4) years until the 58 second Monday in May, or until their successors have been duly elected and qualified. The 59 mayor and at-large councilman shall be elected at alternating biennial regular municipal 60 elections. 61 In order to be eligible to be elected as mayor or as a member of council, the person must as of the 62 date of the election be: 63 (1) A citizen of the United States and of the State of Delaware; 64 (2) A resident of the city and having continuously resided therein or in an area annexed to the 65 city during the two (2) years next preceding the day of the election;

Resolution No. 2011-11 Amending Sections 5, 6, and 7 of the City of Dover Charter Page 3 66 (3) A resident of the election district from which they are seeking election, unless they are 67 seeking election as an at-large councilman or mayor; 68 (4) Eighteen (18) years of age; and 69 (5) Nominated therefore, as hereinafter provided. 70 Holding Other Office. Except where authorized by law, no council members shall hold any other 71 elected public office during the term for which the member was elected to the council. No council 72 member shall hold any other city office or employment during the term for which the member was 73 elected to the council. No former council members shall hold any compensated appointive office or 74 employment with the city until one (1) year after the expiration of the term for which the member 75 was elected to the council, unless granted a waiver by the Board of Ethics (Ethics Commission). 76 Sec. 6. - Municipal election; dates, time, and place of elections. 77 At the regular municipal election held on the third Tuesday in April of any even numbered 78 year, four (4) councilmen shall be elected by district voting from each of the districts as 79 designated by council for a term of two years, and a mayor shall be elected by the voters of the 80 city for a term of two years, as provided in section 5 of this Charter. 81 Regular municipal elections shall be held each year biennially on the third Tuesday in April. All 82 other municipal elections that may be held shall be known as special municipal elections. At each 83 such municipal election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The council 84 may designate the places of election and make all necessary rules and regulations not inconsistent 85 with this Charter or with other laws of the State of Delaware for the conduct of elections, for the 86 prevention of fraud in elections, and for the recount of ballots in case of doubt or fraud. At the 87 alternating biennial regular municipal elections held on the third Tuesday in April of any odd 88 numbered year, five (5) councilmen shall be elected for a term of two four (4) years, four (4) of 89 whom shall be elected by district voting from each of the districts as designated by council and 90 one (1) of whom shall be elected by at-large voting by all voters of the city, as provided in section 91 5 of this Charter. At the next biennial regular municipal election held on the third Tuesday in April 92 of any even numbered year, four (4) councilmen shall be elected by district voting from each of 93 the districts as designated by council for a term of two four (4) years, and a mayor shall be elected 94 by the voters of the city for a term of two four (4) years, as provided in section 5 of this Charter. 95 Sec. 7. - Nomination petitions for candidates for council and mayor. 96 The mode of nomination of candidates for the council and for mayor shall be by petition, signed by 97 not less than ten (10) nor more than 25 electors of the city, filed with the clerk of council on or 98 before 4:30 p.m. on the second Friday of February of each year biennially for candidates for council 99 and on or before 4:30 p.m. on the last working day in January biennially for candidates for mayor 100 in the years when a mayor is to be elected. Should the second Friday of February fall on a legal 101 holiday, the filing date shall be 4:30 p.m. on the next working day thereafter which is not a legal 102 holiday.

Resolution No. 2011-11 Amending Sections 5, 6, and 7 of the City of Dover Charter Page 4 103 Whenever a petition nominating a person for the office of mayor or councilman shall have been filed 104 as above prescribed, the name of such person shall be printed on the ballot for the regular biennial 105 municipal election as a candidate for the office for which they were nominated, provided they 106 possess the qualifications prescribed by this Charter for a candidate for such office. 107 No nominating petition shall designate more than one (1) person to be voted for as a member of 108 council or as mayor. 109 The signers of a nominating petition for a member of the council must be electors of the city residing 110 in the city election district in which the nominee resides; but the signers to the nominating petition 111 for the mayor and for the at-large councilman may be city electors residing in the city at-large. 112 There must be attached to each nominating petition an affidavit of the circulator thereof, stating the 113 number of signers and that each signature appended thereto was made in their presence, and is the 114 genuine signature of the person whose name it purports to be, and that all of said signers are entitled 115 to vote at the regular municipal election referred to; and, in the case of a petition nominating a 116 candidate for councilman running from a particular district and to be elected by district voting, that 117 the circulator of the petition verily believes that each signer of said petition is a resident of the same 118 city election district in which the nominee resides. 119 With each signature shall be stated the place of residence of the signer, giving the street and number 120 or other description sufficient to identify the same. The form of the nominating petition shall be 121 substantially as follows: 122 We, the undersigned, electors of the City of Dover, hereby nominate ____________, who resides 123 in the ____________ City District of the said City of Dover, for the office of Councilman (or for the 124 office of Mayor as the case may be) to be voted for at the regular municipal election to be held in the 125 said City, on the _____________ day of __________ in the year ____________; and we individually 126 certify that we are qualified to vote for a candidate for the office named, and that we have not signed 127 any other nominating petition for that office, and that our places of residences are truly stated after 128 our signatures. 129 Name ..... 130 Street and number ..... 131 (Space for Signatures) 132 STATE OF DELAWARE 133 KENT COUNTY 134 SS. 135 __________________ being duly sworn (or affirmed) deposes and says that they were the circulator 136 of the foregoing petition paper containing signatures, and that the signatures appended thereto were 137 made in his/her presence, and are the signatures of the persons whose names they purport to be, and

Resolution No. 2011-11 Amending Sections 5, 6, and 7 of the City of Dover Charter Page 5 138 that they verily believe the residence of each signer thereof to be truly stated, and that all of said 139 signers are entitled to vote at the regular municipal election referred to in said paper; and, in case the 140 petition is nominating a candidate for councilman to be elected from a specific district by district 141 voting, that each signer of said petition is a resident of the same city election district in which the 142 nominee resides. 143 (Signed) ..... 144 Subscribed and sworn to (or affirmed) before me this ______ day of ______________ 145 ____________ Justice of the Peace (or Notary Public) 146 ADOPTED: * 147 148 THOMAS J. LEARY CARLETON E. CAREY, SR. 149 COUNCIL PRESIDENT MAYOR 150 SYNOPSIS 151 This amendment would increase the term lengths of the Mayor and 152 City Council members from two (2) years to four (4) years. 153 Actions History 154 Aug. 22, 2011 - Proposed for Introduction at Legislative, Finance, and Administration Committee

155 September 12, 2011 156 Sponsor: 157 House of Representatives 158 147th General Assembly 159 Senate Bill No. 160 AN ACT TO AMEND THE CHARTER OF THE CITY OF DOVER 161 BEING CHAPTER 130, VOLUME 77 OF THE LAWS OF 162 DELAWARE, AS AMENDED, REGARDING TERM LENGTHS 163 FOR MAYOR AND COUNCIL 164 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE 165 (Two-thirds of all members elected to each House concurring therein): 166 Section 1. Amend Sec. 5. - Council to be legislative body; size; districts; terms of mayor and 167 councilmen; qualifications of Chapter 130, Volume 77, Laws of Delaware, by deleting the text 168 indicated in strikeout and inserting the text indicated in underscore as follows: 169 Sec. 5. - Council to be legislative body; size; districts; terms of 170 mayor and councilmen; qualifications. 171 The council shall be the legislative body of the city and composed of 172 nine (9) members nominated and elected as herein provided. 173 In order that the members of council shall be distributed over the city, 174 the city shall be divided into four (4) election districts, the district 175 boundaries of which shall be established by council so that the 176 districts are nearly equal in population as shown by the most recent 177 federal decennial census. The district boundaries established for 178 municipal elections shall continue in effect until the next succeeding 179 federal decennial census is made available for use by municipalities 180 in the State of Delaware, at which time council shall redistrict the city 181 so that the districts shall be nearly equal in population in accordance 182 with said census, which redistricting shall be used for the next regular 183 municipal election, which procedure shall be followed by council 184 after each succeeding federal decennial census in this manner so that 185 the districts shall be maintained as nearly equal in population as 186 possible at all times. 187 The term of mayor shall be for a period of two years commencing 188 on the second Monday in May following their election and 189 continuing for a term of two years until the second Monday in 190 May or until their successor has been duly elected and qualified.

HB to Amend Sections 5, 6, and 7 of the City of Dover Charter (City of Dover Resolution No. 2011-11) Page 7 191 The term of the councilmen shall be for two years. In each 192 regular municipal election held in an odd numbered year, five 193 councilmen shall be elected, four by district voting being from the 194 districts and one at-large as stated herein. In each regular 195 municipal election held in an even numbered year, four 196 councilmen shall be elected by district voting from each of the 197 districts of the city. 198 At the regular municipal election held in April of 2012, the mayor 199 shall be elected at-large. The term of mayor elected at the April 200 2012 regular municipal election shall be for a period of three (3) 201 years, commencing on the second Monday in May following 202 his/her election and continuing for a term of three (3) years until 203 the second Monday in May 2015, or until his/her successor has 204 been duly elected and qualified. Thereafter, commencing with 205 the regular municipal election to be held in April of 2015, the 206 term of mayor shall be for a period of four (4) years commencing 207 on the second Monday in May following his/her election and 208 continuing for a term of four (4) years until the second Monday 209 in May, or until his/her successor has been duly elected and 210 qualified. 211 At the regular municipal election held in April of 2012, four (4) 212 councilmen shall be elected by district voting from each of the 213 districts of the city. The term of the councilmen elected at the 214 April 2012 regular municipal election shall be for three (3) years, 215 commencing on the second Monday in May following their 216 election and continuing for a term of three (3) years until the 217 second Monday in May 2015, or until their successors have been 218 duly elected and qualified. 219 At the regular municipal election held in April of 2013, five (5) 220 councilmen shall be elected, four (4) by district voting being from 221 the districts and one (1) at-large. The term of the councilmen 222 elected at the April 2013 regular municipal election shall be for 223 a period of four (4) years, commencing on the second Monday in 224 May following their election and continuing for a period of four 225 (4) years until the second Monday in May, or until their 226 successors have been duly elected and qualified. 227 Thereafter, commencing with the regular municipal election to be 228 held in April of 2013, the terms of the councilmen shall be for a 229 period of four (4) years, commencing on the second Monday in 230 May following their election and continuing for a term of four (4) 231 years until the second Monday in May, or until their successors 232 have been duly elected and qualified. The mayor and at-large 233 councilman shall be elected at alternating biennial regular

HB to Amend Sections 5, 6, and 7 of the City of Dover Charter (City of Dover Resolution No. 2011-11) Page 8 234 municipal elections. 235 In order to be eligible to be elected as mayor or as a member of 236 council, the person must as of the date of the election be: 237 (1) A citizen of the United States and of the State of Delaware; 238 (2) A resident of the city and having continuously resided therein or 239 in an area annexed to the city during the two (2) years next 240 preceding the day of the election; 241 (3) A resident of the election district from which they are seeking 242 election, unless they are seeking election as an at-large 243 councilman or mayor; 244 (4) Eighteen (18) years of age; and 245 (5) Nominated therefore, as hereinafter provided. 246 Holding Other Office. Except where authorized by law, no council 247 members shall hold any other elected public office during the term for 248 which the member was elected to the council. No council member 249 shall hold any other city office or employment during the term for 250 which the member was elected to the council. No former council 251 members shall hold any compensated appointive office or 252 employment with the city until one (1) year after the expiration of the 253 term for which the member was elected to the council, unless granted 254 a waiver by the Board of Ethics (Ethics Commission). 255 Section 2. Amend Sec. 6. - Municipal election; dates, time, and place of elections of 256 Chapter 130, Volume 77, Laws of Delaware, by deleting the text indicated in strikeout and inserting 257 the text indicated in underscore as follows: 258 Sec. 6. - Municipal election; dates, time, and place of elections. 259 At the regular municipal election held on the third Tuesday in 260 April of any even numbered year, four (4) councilmen shall be 261 elected by district voting from each of the districts as designated 262 by council for a term of two years, and a mayor shall be elected 263 by the voters of the city for a term of two years, as provided in 264 section 5 of this Charter. 265 Regular municipal elections shall be held each year biennially on the 266 third Tuesday in April. All other municipal elections that may be held 267 shall be known as special municipal elections. At each such

HB to Amend Sections 5, 6, and 7 of the City of Dover Charter (City of Dover Resolution No. 2011-11) Page 9 268 municipal election, the polls shall be opened at 7:00 a.m. and closed 269 at 8:00 p.m. The council may designate the places of election and 270 make all necessary rules and regulations not inconsistent with this 271 Charter or with other laws of the State of Delaware for the conduct of 272 elections, for the prevention of fraud in elections, and for the recount 273 of ballots in case of doubt or fraud. At the alternating biennial 274 regular municipal elections held on the third Tuesday in April of any 275 odd numbered year, five (5) councilmen shall be elected for a term 276 of two four (4) years, four (4) of whom shall be elected by district 277 voting from each of the districts as designated by council and one (1) 278 of whom shall be elected by at-large voting by all voters of the city, 279 as provided in section 5 of this Charter. At the next biennial regular 280 municipal election held on the third Tuesday in April of any even 281 numbered year, four (4) councilmen shall be elected by district 282 voting from each of the districts as designated by council for a term 283 of two four (4) years, and a mayor shall be elected by the voters of 284 the city for a term of two four (4) years, as provided in section 5 of 285 this Charter. 286 Section 3. Amend Sec. 7. - Nomination petitions for candidates for council and mayor of 287 Chapter 130, Volume 77, Laws of Delaware, by deleting the text indicated in strikeout and inserting 288 the text indicated in underscore as follows: 289 Sec. 7. - Nomination petitions for candidates for council and mayor. 290 The mode of nomination of candidates for the council and for mayor 291 shall be by petition, signed by not less than ten (10) nor more than 25 292 electors of the city, filed with the clerk of council on or before 4:30 293 p.m. on the second Friday of February of each year biennially for 294 candidates for council and on or before 4:30 p.m. on the last working 295 day in January biennially for candidates for mayor in the years when 296 a mayor is to be elected. Should the second Friday of February fall on 297 a legal holiday, the filing date shall be 4:30 p.m. on the next working 298 day thereafter which is not a legal holiday. 299 Whenever a petition nominating a person for the office of mayor or 300 councilman shall have been filed as above prescribed, the name of 301 such person shall be printed on the ballot for the regular biennial 302 municipal election as a candidate for the office for which they were 303 nominated, provided they possess the qualifications prescribed by this 304 Charter for a candidate for such office. 305 No nominating petition shall designate more than one (1) person to 306 be voted for as a member of council or as mayor.

HB to Amend Sections 5, 6, and 7 of the City of Dover Charter (City of Dover Resolution No. 2011-11) Page 10 307 The signers of a nominating petition for a member of the council 308 must be electors of the city residing in the city election district in 309 which the nominee resides; but the signers to the nominating petition 310 for the mayor and for the at-large councilman may be city electors 311 residing in the city at-large. 312 There must be attached to each nominating petition an affidavit of the 313 circulator thereof, stating the number of signers and that each 314 signature appended thereto was made in their presence, and is the 315 genuine signature of the person whose name it purports to be, and that 316 all of said signers are entitled to vote at the regular municipal election 317 referred to; and, in the case of a petition nominating a candidate for 318 councilman running from a particular district and to be elected by 319 district voting, that the circulator of the petition verily believes that 320 each signer of said petition is a resident of the same city election 321 district in which the nominee resides. 322 With each signature shall be stated the place of residence of the 323 signer, giving the street and number or other description sufficient to 324 identify the same. The form of the nominating petition shall be 325 substantially as follows: 326 We, the undersigned, electors of the City of Dover, hereby nominate 327 ____________, who resides in the ____________ City District of the 328 said City of Dover, for the office of Councilman (or for the office of 329 Mayor as the case may be) to be voted for at the regular municipal 330 election to be held in the said City, on the _____________ day of 331 __________ in the year ____________; and we individually certify 332 that we are qualified to vote for a candidate for the office named, and 333 that we have not signed any other nominating petition for that office, 334 and that our places of residences are truly stated after our signatures. 335 Name ..... 336 Street and number ..... 337 (Space for Signatures) 338 STATE OF DELAWARE 339 KENT COUNTY 340 SS. 341 __________________ being duly sworn (or affirmed) deposes and 342 says that they were the circulator of the foregoing petition paper 343 containing signatures, and that the signatures appended thereto were

HB to Amend Sections 5, 6, and 7 of the City of Dover Charter (City of Dover Resolution No. 2011-11) Page 11 344 made in his/her presence, and are the signatures of the persons whose 345 names they purport to be, and that they verily believe the residence of 346 each signer thereof to be truly stated, and that all of said signers are 347 entitled to vote at the regular municipal election referred to in said 348 paper; and, in case the petition is nominating a candidate for 349 councilman to be elected from a specific district by district voting, 350 that each signer of said petition is a resident of the same city election 351 district in which the nominee resides. 352 (Signed) ..... 353 Subscribed and sworn to (or affirmed) before me this ______ day of 354 ______________ 355 ____________ Justice of the Peace (or Notary Public) 356 Section 4. This Act shall be effective upon its enactment in accordance with law. New term 357 lengths will be effective with the election next preceding enactment. 358 SYNOPSIS 359 This act would increase the term lengths for the Mayor and City 360 Council of the City of Dover from two (2) years to four (4) years.

ACTION FORM PROCEEDING: Legislative, Finance and Administration Committee DEPARTMENT OF ORIGIN: Planning & Community Development DATE SUBMITTED: 8/31/2011 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning & Community Development & Scott D. Koenig, P.E., Public Services Manager SUBJECT: Draft Ordinance Regarding Homeowners Association Responsibilities REFERENCE: RELATED PROJECT: “Performance and Maintenance Bonding Concerns” – Utility Committee agenda of 1/24/11 REVIEWED BY: EXHIBITS: Draft Ordinance, Table of Affected Subdivisions, Memo of January 3, 2011 to Utility Committee, Minutes from Utility Committee Meeting of January 24, 2011, Zoning Ordinance - Article 5, Section 10. 4 - Management and Maintenance of Common Open Space and Recreational Areas EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: First Reading on September 26, 2011, Referral to Planning Commission on October 17, 2011, Final Action by City Council on November 14, 2011 RECOMMENDED ACTION: Staff recommends that the proposed ordinance be forwarded to City Council with the above timeline for action. BACKGROUND AND ANALYSIS On June 6, 2011, staff presented a draft ordinance to the Legislative, Finance and Administration Committee that would amend the Subdivision Regulations to require that homeowners associations be formed, membership mandatory, and that they assume and continue the maintenance responsibilities for common open space. Under the proposed ordinance, if the City needs to perform maintenance of these common areas due to code violations not addressed by the homeowners association, the City would bill the property owners of the lots within the subdivision to recover the costs, and place these charges on the tax bill of the property owners. After a number of concerns and questions were raised by the Committee, the proposal was tabled and staff directed to talk with members of the Committee and Council who expressed concerns. Staff met with Councilman Anderson who expressed concerns about the mandatory membership in a homeowners association and requested that the ordinance be amended to include protection of First Amendment rights of property owners. After consultation with the City Solicitor, Nick Rodriguez, staff recommends not including the amendment requested due to concerns regarding the legality of such an amendment, as well as the amendment being well beyond the scope of the ordinance. Staff also met with Councilman Lynn, who shared some concerns and questions during the Legislative, Finance and Administration Committee’s discussion of the proposal. Staff notes the following as this proposed ordinance is considered by the Committee: • Homeowners associations are already mandatory for residential developments with private open space, under the State Sediment and Stormwater Regulations and the City of Dover Zoning Ordinance. • The proposed ordinance would allow the City to recover costs incurred by failure of homeowners associations to maintain private open space. It would ensure that residents in communities with active homeowners associations that proactively maintain private open space would not be penalized by the City absorbing the costs of those who fail to meet their obligations. • Failure to develop a mechanism for the City to recover costs for maintaining private open space that homeowners associations fail to maintain will cause an unsustainable increase in operations costs to the City. For reference, we have included a list of residential developments that would be subject to the requirements of the proposed ordinance. Further, additional information about the background and need for this ordinance is included to provide the context of the proposed amendment.

CITY OF DOVER ORDINANCE #2011-15 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Appendix A – Subdivisions, Article VII – Special Provisions be amended by adding a new 4 re-lettering Section B as Section C and adding a new Section B as follows: 5 6 C. Homeowners associations. 7 1. The owner and/or developer shall create a homeowners association for the proposed 8 development where private open space and stormwater management facility ownership and 9 maintenance responsibility exist. The homeowners association shall be organized and established 10 as a legal entity prior to or as a part of the final plat approval and recording process and all 11 documents related to the homeowners association shall be submitted in draft form at the time of 12 application for the subdivision plan review (whether minor or major). Such documents shall be 13 acceptable to the city as a condition of subdivision plan approval. 14 2. The owner and/or developer should pay for the preparation of the legal document necessary to 15 create the association, have same approved by the city solicitor and council and record same in 16 the recorder of deeds office for Kent County. 17 3. The legal documents prepared will give the city the authority to require the homeowner's 18 association to perform routine maintenance and minor/major repairs as necessary to keep the 19 property in good condition, and eliminate any health or safety issues. 20 If the homeowners association does not respond to the city citation within 14 calendar days, the 21 city shall have the right to perform the work itself or hire a contractor to perform the work and 22 assess each property owner of the homeowner association and/or each owner of property within 23 the final plat for the subdivision a fee to recover its cost. Such fee shall include an administrative 24 charge equal to 15% of the cost of the work performed. This fee will be added to the real estate 25 tax bill as a special assessment to these lot owners. 26 4. Homeowners association requirements. If the applicant is required to establish a homeowners 27 association for purposes of ownership and maintenance of common areas, common facilities 28 and/or open spaces, such association documents shall require, at minimum: 29 a. Membership mandatory. All owners of property within the subdivision must be 30 members of the homeowners association. The members of the homeowners association 31 shall share equitably in the costs of maintaining all open space, common areas and 32 facilities, recreation areas and facilities, and stormwater management areas and facilities 33 which are not accepted by the city in writing in accordance with the provisions of all deed 34 restrictions and maintenance agreements, all applicable property maintenance codes, all 35 record plan notes, and in accordance with procedures established by the homeowners 36 association. The deed restrictions shall require, at minimum, that the costs of such Page 1 of 3

37 maintenance shall be collectable from the owner of the lot(s) to which such costs are 38 assessed; and that such costs shall be and constitute a lien upon such lot(s). 39 b. Responsibilities. The homeowners association shall be responsible for all maintenance, 40 insurance, taxes, fees, and other burdens customary to the ownership of real property and 41 all improvements and construction thereon, including, but not limited to all recreation 42 amenities, walkways, storm water facilities, ponds, landscaping, and other facilities not 43 owned or accepted by the City of Dover. 44 c. Deed restrictions. Restrictive covenants shall provide that in the event the association 45 fails to maintain the common areas, common facilities, and open areas according to the 46 adopted codes of the City of Dover, in accordance with the recorded plan, and in 47 accordance with the requirements of recorded restrictions, the city may: 48 1. Demand that the deficiency of maintenance be corrected. If the homeowners 49 association shall fail to correct the deficiency, after reasonable notice, the city 50 may enter the common area to inspect and correct the deficiency. The cost of such 51 maintenance shall be charged to the association in accordance with the provisions 52 of Section C (3). 53 5. Homeowners association reporting responsibilities. 54 a. Each homeowners association established pursuant to Appendix A, Subdivisions shall, 55 not later than December 31 of each year, provide to the City Clerk of the City of Dover a 56 listing of the officers of such homeowners association, including their addresses and 57 telephone numbers, and the date of the annual meeting. 58 b. The homeowners association shall list the terms of office of each officer and the date 59 of the annual election. The homeowners association shall provide the name, address, 60 phone number and contact information for any firm providing services in behalf of or 61 acting as agent for the homeowners association in carrying out its responsibilities 62 63 BE IT FURTHER ORDAINED: 64 That the provisions of this ordinance shall be in effect upon its adoption and shall apply to all 65 existing subdivisions where the homeowners association has maintenance responsibilities for 66 open space and stormwater management areas. The city manager shall send a letter to all 67 property owners within the City of Dover who have HOA maintenance responsibilities under this 68 ordinance informing them of these responsibilities and the City’s right to bill property owners 69 within the homeowners association for any maintenance performed by the City of Dover due to 70 lack of maintenance on the part of the homeowners association. 71 72 BE IT FURTHER ORDAINED: 73 That all homeowners associations with maintenance responsibilities for open space and 74 stormwater areas that existed prior to the adoption of this ordinance shall report to the city Page 2 of 3

75 manager by December 31, 2011 those items required in subsection 5 Homeowners Association 76 Reporting Responsibilities. 77 78 SYNOPSIS 79 The proposed amendment would clarify the requirement that for 80 developers of subdivisions with common open space, including 81 active recreation areas, woodlands, and stormwater managements 82 form homeowners associations where membership is mandatory. It 83 would allow the City to perform work that is the responsibility of 84 the homeowners association if such work is not performed in 85 accordance with code requirements. Such work would be billed to 86 the property owners on their tax bill, including an administrative 87 charge. The proposed amendment would require that homeowners 88 associations with management responsibility for common open 89 space submit annually a listing of officers of the association. The 90 proposed amendment also clarifies that these requirements are 91 retroactive to all subdivisions with common open space in 92 existence prior to adoption of the ordinance. 93 94 ACTIONS HISTORY: June 6, 2011 – Tabled at Legislative, Finance & Administration 95 Committee Page 3 of 3

Dover Private Open Space Inventory August 31, 2011 Name Dedicated? Open Space Owner Comments Acorn Farms Yes ACORN FARMS LTD. Open space and HOA functions are the responsibility of Cannon Mill the developer until the subdivision is dedicated and the No MOORE-CANNON MILL LLC HOA turned over to the homeowners. Open space and HOA functions are the responsibility of Clearview Meadow the developer until the subdivision is dedicated and the No FIRST DEVELOPMENT GROUP LLC HOA turned over to the homeowners. Cranberry Run Yes CRANBERRY RUN MAINTENANCE CORP Open space and HOA functions are the responsibility of Eden Hill Farm the developer until the subdivision is dedicated and the No HILL FARM ASSOCIATES LLC HOA turned over to the homeowners. Open space and HOA functions are the responsibility of Emerald Pointe the developer until the subdivision is dedicated and the No EMERALD POINTE INC HOA turned over to the homeowners. Farthing Woods Yes ASHBURN HOMES INC HOA has been inactive since initial formation. Residents frequently call the City for maintenance of areas that are Four Seasons HOA responsibility. Private open space on delinquent tax list. A builder who owns multiple lots has been Yes FOUR SEASONS HOMEOWNERS ASSOC maintaining the grass in the open areas. Fox Hall West Addition Yes FOX HALL WEST ADDITION The Greens of Dover Yes THE GREENS TOWN MEETING ASSOC The Hamlet Yes HAMLET HOMES ASSOCIATION HOA owns pool and tennis courts. Hidden Creek Yes HIDDEN CREEK HOMEOWNERS Open space and HOA functions are the responsibility of Lexington Glen the developer until the subdivision is dedicated and the No LEXINGTON GLEN INC HOA turned over to the homeowners. 1

Dover Private Open Space Inventory August 31, 2011 Maple Glen Yes MAPLE GLEN HOMEOWNERS HOA is active. Marsh Creek Yes PRESIDENTIAL ASSOC Meadows at Dover Yes MEADOWS HOMEOWNERS ASSOC INC Open space and HOA functions are the responsibility of Nottingham Meadows the developer until the subdivision is dedicated and the No STOVER HOMES LLC HOA turned over to the homeowners. Oak Shadows Yes OAK SHADOWS CONDO COUNCIL INC Open space and HOA functions are the responsibility of Patriot Village the developer until the subdivision is dedicated and the No CRAFT BUILT HOMES LLC HOA turned over to the homeowners. Persimmon Park Place Yes PERSIMMON PARK PLACE Condominium Association serves as the HOA. The Overlook on Silver Lake Yes THE OVERLOOK ON SILVER LAKE Seskinore Yes SESKINORE HOME BUILDERS, INC Silver Lake Townhouses Yes SILVER LAKE PROPERTIES LLC Stoney Creek Yes COUNTRY LIVING HOMES LLC Turnberry Yes TURNBERRY MAINTENANCE ASSOC Phases I-V HOA has responsibility for open space in Phases I-V. HOA Village of Westover Dedicated - is currently functioning; however, many owners do not Phase VI WESTOVER LLC pay their dues, and long-term viability of HOA and Undedicated VILLAGE OF WESTOVER HOMEOWNERS maintenance of open space is a concern. Westfield Yes WESTFIELD MAINTENANCE CORP 2

Memorandum Public Services Manager P. O. Box 475 City Hall/ The Plaza Dover, Delaware 19903-0475 Phone: (302) 736-7026 Fax: (302) 736-7177 E-mail:skoenig@dover.de.us TO: Utility Committee Members FROM: Scott D. Koenig, P.E., Public Services Manager Anthony J. DePrima, AICP, ICMA-CM, City Manager Ann Marie Townshend, AICP, Director of Planning & Community Development DATE: January 3, 2011 SUBJECT: Development Projects – Performance & Maintenance Bonding Concerns As part of a shared performance goal, the City Manager, the Public Services Manager and the Director of Planning & Community Development conducted a series of four (4) internal meetings to brainstorm various ideas regarding concerns raised about Performance & Maintenance Bonding in subdivisions, site plan compliance, ensuring the functionality of homeowners associations (HOAs), and other development project problems. These meetings were held in October, November and December of 2010. Eight (8) specific problems/concerns were identified. Each problem is listed below along with one or more suggestions to improve the area of concern. Problem #1 – Active Recreation Areas in some Subdivisions / Site Plans (Apartments) are not being completed in proportion to the lots constructed. Article 5, Section 10.6 of the Zoning Ordinance is weak and difficult to enforce. It is difficult to build the recreation areas in proportion to the lots / building permits, as specified by code; therefore, an alternative solution must be developed. Possible Solutions: 1. Require specific phasing plan for the Active Recreation Plan. 2. Require a Performance Bond / Letter Of Credit (LOC) equal to 150% of the value (or add the active recreation improvements to current infrastructure LOC). LOC is preferred over a bond as the LOC creates more leverage. Note: A Code amendment is required to accomplish this.

Problem #2 – Some projects are partially built and the construction or the site work has been abandoned. (Examples: Enterprise Business Park, Tall Pines, Dove View) Possible Solutions: 1. Fund a Demolition Reserve that can be sustained with monies collected from liens and be used to demolish or safely seal construction. 2. Amend Tall Grass & Weed Ordinance (Chapter 114, Article II) to allow the City to regrade or restore the property and place a lien against the property to collect the costs. 3. Amend state law for Demolition Liens to allow for the City to recover costs through sheriff’s sale. 4. A Dangerous Building (DB) declaration accelerates tax sale (for delinquent taxes). This is an administrative action that is already in place. Problem #3 – Failure of HOA to take over initial responsibilities or HOA does not form or stay formed and therefore fails to function. Common Areas are not maintained. (Example: Four Seasons) Possible Solutions: 1. Amend assessment section of the code to allow city to bill and lien individual property owners for the common areas that the City is forced to maintain. 2. Amend subdivision ordinance to require an escrow start up account so HOA is capitalized from the beginning. 3. Buyers somehow are notified and certify / acknowledge that they are required to be part of the HOA and that there are maintenance responsibilities for which the HOA is responsible. Possible venues could include requiring that information be posted conspicuously in model homes or the City could send a letter after real estate transfer tax is received. 4. Require developer to meet guideline to turn over HOA at 75% of the initial phase of the development. - City could facilitate initial HOA meeting – Notice, Public Meeting at City Hall, City representative in attendance - Ensure elected official in attendance. 5. Amend subdivision ordinance to include a specific turnover requirement. 6. Amend subdivision ordinance to require a Certified Management Agency. Problem #4 – Stormwater / Passive Open Space – Not Being Maintained Possible Solutions: 1. Amend sections of the code addressing special assessment (Chapter 94) and/or amend tall grass and weeds (Chapter 114) to allow staff to hire contractors to maintain the passive open space and/or stormwater management areas and bill the property owners (developer or individual owners) and place a lien against the property to recover costs. 2. Create a Limited Stormwater Utility  Unilateral authority to take over facilities that are not being maintaned  Start with new developments

Problem #5 – Nuisance issues such as maintenance of buildable lots with homes, partially complete homes, partially complete subdivisions, roll-off trash containers for construction debris, soil stockpiles and material storage areas are degrading the overall quality of various subdivisions (in both dedicated and undedicated subdivisions). Possible Solutions: 1. Require an upfront agreement and escrow deposit from the developer of the subdivision ($1,000 / lot) to address these issues if they arise. 2. Provide incentives to dedicate infrastructure – Bill developer for Street Light operating costs and pump station maintenance until subdivision is dedicated. Problem #6 – Sidewalk network not complete and the developer wants to dedicate the rights-of-way and infrastructure. Possible Solutions: 1. Require all sidewalk construction to be complete prior to dedication. This position would maintain the status quo. 2. Add option that developer can go to Safety Advisory & Transportation Committee with a special Letter of Credit for the uncompleted sidewalks on the streets to be dedicated. The uncompleted sidewalks are associated with lots that have not had building permits issued as of that date. Potential enhancement to this option is to require a Public Hearing with notice to all residents and/or property owners in the development. Problem #7 – Snow Removal on uncompleted and/or undedicated streets represents a serious service delivery problem for the City of Dover and residents in these areas. Possible Solutions: 1. Require a maintenance escrow to be set up by the developer that can be used for snow and ice removal. 2. Require a signed contract between the developer and a private contractor responsible for snow removal be shared with the City. Problem #8 – The City does not provide a full range of services on undedicated streets since they are considered private property. (i.e. – snow removal, street sweeping, speed enforcement) Possible Solutions: 1. Earlier dedication – city would accept dedication of uncompleted streets and follow up with completion of the infrastructure on a designated time line identified in the dedication action. 2. Require more extensive maintenance agreement with longer time period for coverage.

Based upon the above information, staff is proposing the following next steps: 1) Staff would like to receive feedback from members of the Committee and Council on the possible solutions presented above as well as other items you would like to consider to address the identified problems. 2) Prioritize the problems listed above. 3) Prepare a timeline to address the problems in priority order. 4) Hold focus group with stakeholders (HOAs, Civic Associations, Civic Leaders, the development community, KCD) 5) Develop ordinances / charter amendments / administrative changes If you have any questions, please contact me. SDK/sdk

Excerpt from Utility Committee Minutes of January 24, 2011 Page 1 of 2 Development Projects - Performance and Maintenance Bonding Concerns During their meeting of January 10, 2011, members were advised that, as part of a shared performance goal, the City Manager, the Public Services Manager, and the Director of Planning and Community Development conducted a series of four (4) internal meetings to brainstorm various ideas to address concerns raised about performance and maintenance bonding in subdivisions, site plan compliance, ensuring the functionality of homeowners’ associations (HOAs), and other development project issues. As a result of these meetings, which were held in October, November, and December of 2010, he stated that eight (8) specific issues/concerns were identified. Members requested that staff provide the list of Development Projects to members for their review and prioritization to be considered by the Committee during their next meeting. Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that he, Mr. Ruane, Mr. McGiffin, Mrs. Townshend, and Mr. DePrima ranked the projects and written comments were submitted by Major Kosior. He stated that the highest-ranked projects are as follows: 1) Problem #2 - Some projects are partially built and the construction or the site work has been abandoned. 2) Problem #5 - Nuisance issues such as maintenance of buildable lots with homes, partially complete homes, partially complete subdivisions, roll-off trash containers for construction debris, soil stockpiles, and material storage areas are degrading the overall quality of various subdivisions (in both dedicated and undedicated subdivisions). 3) Problem #4 - Stormwater / Passive Open Space – Not Being Maintained. Mr. Koenig stated that these three (3) problems ranked significantly higher than the others, based on the feedback received. Staff recommended that a timeline be developed to begin resolving the three (3) highest-ranked problems and that recommendations be developed in the form of proposed ordinances or procedural amendments to be presented to the Committee for review. Responding to Mr. Ruane, Mr. Koenig advised members that administrative action is being taken on all problems and assured members that the goal is to resolve them. With regards to snow removal (Problem #7) at Nottingham Meadows, Mr. Koenig stated that the bank has hired a contractor to oversee both the “punch list items” and snow removal for this season at Nottingham Meadows. He stated that the developers or the banks are hiring contractors for removal of snow in other abandoned areas; therefore, he assured members that, to his knowledge, all undedicated developments have some method of snow removal in place during the current winter season. At the request of Mr. Ruane, Mr. Koenig read the comments submitted by Major Kosior in response to Mr. Koenig’s memorandum of January 3, 2011, Subject: Development Projects – Performance and Maintenance Bonding Concerns (Attachment #3 - Major Kosior’s comments are depicted in

Excerpt from Utility Committee Minutes of January 24, 2011 Page 2 of 2 red font). Council President Hogan stated that he had prepared a ranking, apologized for not submitting it to staff, and noted that he also ranked Problem #2 as the top priority. Mr. McGiffin moved to recommend acceptance of the designation of Problems #2, #5, and #4 as the highest-ranked concerns related to Development Projects - Performance and Maintenance Bonding, with the expectation that a timeline would be developed to begin resolving these problems, as recommended by staff. The motion was seconded by Mr. Snaman and unanimously carried.

Zoning Ordinance, Article 5 – Supplementary Regulations, Section 10 – Open Space, Recreation and Other Public Facilities 10.4 Management and maintenance of common open space and recreational areas. 10.41 Management and maintenance required. There shall be provisions which ensure that the common open space land and all public facilities not dedicated to the City of Dover shall continue as such and be properly maintained. These provisions shall be in a form acceptable to the City of Dover. The developer shall either (a) retain ownership and responsibility for maintenance of such open land; or (b) provide for and establish one or more organizations for the ownership and maintenance of all common open space. In the case of (b) above, each organization shall be a nonprofit homeowners' corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization. 10.42 Homeowners' association requirements. If a homeowners' association or open space trust is formed, it shall be governed according to the following: 10.421 Membership mandatory. Membership in the organization is mandatory for all purchasers of homes therein and their successors. The members of the organization shall share equitably the costs of maintaining and developing common open space and recreation areas, in accordance with procedures established by them. 10.422 Responsibilities. The organization shall be responsible for maintenance, insurance and taxes on common open space, recreation facilities and open public facilities, including but not limited to roads, gutters, sidewalks, curbs, drainage systems, water distribution systems and sewer facilities not dedicated to the City of Dover.

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee AGENDA ITEM: DEPARTMENT OF ORIGIN: Public Services DATE SUBMITTED: 08/30/2011 PREPARED BY: Scott D. Koenig, P.E., Public Services Manager SUBJECT: Evaluation of Bids – Municipal Street Sweeper REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: Interim City Manager, Controller EXHIBITS: None. EXPENDITURE REQUIRED: $164,700.00 AMOUNT BUDGETED: $170,027.00 FUNDING SOURCE (Dept./Page in CIP & Budget): Page 169, Fiscal 2011-2012 Annual Operating Budget TIME TIMETABLE: Issue purchase order immediately after Council action. Delivery expected in 60-90 days. RECOMMENDED ACTION: Recommend to City Council the purchase of the Tymco Model 600 Street Sweeper from Mid-Atlantic Waste System in the amount of $164,700.00 based on the review by staff. BACKGROUND AND ANALYSIS The Department of Public Services prepared a bid package and solicited sealed bids through the City’s Contract and Procurement Manager to replace a street sweeper (Vehicle #357). Bids were opened on Wednesday, August 3, 2011 at 2:00 p.m. The following vendors submitted bids: Company Location Model Bid Amount Delivery Mid-Atlantic Waste Systems Easton, MD Tymco Model 600 $164,700.00 60-90 days Atlantic Machinery, Inc. Silver Springs, MD Schwarze A7000 $159,273.00 150-210 days Staff has reviewed both bid packages. The machine offered by Mid-Atlantic Waste Systems meets 100% of the bid requirements. The machine offered by Atlantic Machinery, Inc. has some minor specification non-compliance issues that are due in part to the manufactures body style and design. In addition, the Schwarze A7000 machine has several major non-compliance issues that include no belly broom and no auxiliary hydraulic system. In 2006, the City of Dover opted to purchase the Schwarze A7000 Sweeper, the same unit offered under this bid package by Atlantic Machinery Inc. Immediately after taking possession of this unit, we started having operational problems. No technical support was offered by the vendor, no representatives were ever available to discuss our problems, and getting any warranty work completed was always troublesome. When parts are needed for repair, there is a 10-14 day waiting period for delivery. The TYMCO Model 600 offered by Mid-Atlantic Waste Systems is a maintenance friendly street sweeper. City staff has a good working relationship with the vendor and the TYMCO technical support staff. Parts are available on a 3-5 day timetable. The Public Works Operations Manager has spoken in-depth with our Fleet Maintenance staff regarding their recommendations for this bid. Their recommendation is 100% in favor of the TYMCO Model 600. The Fleet Maintenance staff believes that the City could save the $5,427.00 price difference in maintenance costs in the first two (2) years alone. Based on a review of the bids, the Department of Public Services is recommending the acceptance of the second low bid.

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee DEPARTMENT OF ORIGIN: Planning Office DATE SUBMITTED: August 30, 2011 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning & Community Development SUBJECT: Policy for Physical Posting of Properties for Rezoning REFERENCE: Ordinance 2011-14 – Amendments to Article 10 of the Zoning Ordinance RELATED PROJECT: N/A REVIEWED BY: Director of Planning & Community Development EXHIBITS: See Attached EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept. /Page in CIP & Budget): N/A TIMETABLE: N/A RECOMMENDED ACTION: Staff recommends that the Legislative, Finance & Administration Committee recommend approval of the policy. BACKGROUND AND ANALYSIS On August 8, 2011, City Council adopted a series of amendments to Article 10 of the Zoning Ordinance, that codify the process and procedures for planning and development applications. The adopted ordinance requires that properties proposed for rezoning post a physical notice with the date and location of the public hearing and the nature of the rezoning request. According to the ordinance, a policy regarding the posting requirements must be approved by the Planning Commission and City Council. On August 15, 2011, the Planning Commission approved the draft policy for physical posting of properties for Conditional Use applications, Site Development Plan applications, and Rezoning applications. The policy needs City Council approval in regards to the portions of the policy that relate to Rezoning applications. The attached policy includes the size, placement and maintenance requirements for the physical posting of properties. A template sign for Rezoning applications is also included for review by the Committee.

City of Dover Physical Posting Requirements The Physical Postings detailed in this policy statement are the responsibility of the Applicant to provide and maintain. Details on the requirements for public notice can be found in the City of Dover Zoning Ordinance, Article 10. The following guidelines pertain to the required Physical Posting of Public Notice for Site Plans, Conditional Use Site Plans, Historic District Applications, and Rezoning Applications. 1. Size and construction • The dimensions of the posting must be a minimum of 22” x 28” and no greater than 36” x 36”. • The posting must be no taller than four feet in height above the ground and no shorter than three feet in height above the ground. • The posting must be affixed to the ground by a minimum of two posts of a minimum size 2” x 2” in dimension. • The posting must be printed on a durable print material and of a bright yellow color. • City of Dover Physical Posting templates must be used; hand written postings are not permissible. 2. Placement • Required Physical Postings must be located within the front-yard setback of the property for which they are required. • The Physical Posting shall have a maximum set-back of ten feet from the front property line. • For properties where ground-based posting is not possible or where the sign will not physically fit in the space allowed, the Applicant must post the Physical Posting in a window or affixed to the wall facing the street on which the property fronts. • Where corner properties are concerned, the Applicant shall place the Physical Posting on the street frontage where the property is addressed. • In instances where more than one parcel is involved in the application, only one posting shall be required except where: • The parcels involved in the application are separated by a road or street or; • A single parcel is divided by a road or street or; • The parcels are not adjacent to one another. • No project application that is submitted as a Master Plan shall be required to post more than three Physical Postings. Policy on Physical Postings of Public Notice 8.15.2011 Page 1

3. Maintenance, Replacement, and Removal • Date stamped photography must be provided to the Planning Office (along with other proof of Public Notice) showing the location of the Physical Posting by noon on the day of the scheduled meeting. • During the required 15 day period for which the Physical Posting is to be established, the Applicant is responsible for re-posting the Physical Posting two times should it be destroyed by natural causes or through vandalism. If the Physical Posting is destroyed more than two times, the Applicant is not responsible for replacing the posting but instead must document the destruction and report on it to the Commission during their application’s public hearing before the Commission. • Physical Postings must be removed by the end of the seventh calendar day after the public hearing. • For rezoning applications, physical postings must be removed by the end of the seventh calendar day after the public hearing before City Council. • Physical Postings not removed in a timely manner shall be treated as an abandoned sign as referenced in the Zoning Ordinance. • When the Planning Commission delays action on an application, the Applicant is still responsible for removal of the Physical Posting within seven calendar days of the referenced meeting. DRAFT Policy on Physical Postings of Public Notice 7.8.2011 Page 2

NOTICE Proposed REZONING Action A request to rezone PROPERTY ADDRESS from ORIGINAL ZONING to PROPOSED ZONING Has been filed with the City of Dover Planning Department Public comment will be received by Planning Commission at a Public Hearing on Month, DATE 00, YEAR at 7:00 PM and by City Council on Month, DATE 00, YEAR, at 7:30 PM in the Council Chambers at City Hall at 15 Loockerman Plaza, Dover, DE 19901 Additional information regarding this application is available at the Dover Planning Office, located in City Hall. (302) 736-7196 DO NOT REMOVE THIS SIGN FROM THESE PREMISES UNTIL AFTER THE ABOVE-LISTED DATE UNDER PENALTY OF LAW

Legislative, Finance & Administrative Committee – September 12, 2011 Agenda Item # CITY OF DOVER FINANCIAL POLICIES 07/01/11

CITY OF DOVER, DELAWARE FINANCIAL POLICIES The purpose of these policies is to present a standardized set of principles that the City follows in managing its financial and budgetary affairs. These are general statements of policies, which represent long-standing principles, traditions, and practices that will be used to guide the City in maintaining financial stability. It will be the responsibility of the Finance Department to ensure the financial objectives of these policies are maintained. Revenue Policy 1. The City will strive to maintain a broad and diversified revenue base that will equitably distribute the burden of supporting City services and will protect the City from short-term fluctuations in any one revenue source. 2. The City will actively support economic and industrial development recruitment and retention efforts to provide for a solid revenue base. 3. The City will maintain timely collection systems and implement necessary enforcement strategies to collect revenues from available sources. 4. The City will establish user fees and charges for services, when feasible, at levels related to the cost of providing the services. The City will review the fees and charges every three to five years to determine modifications needed to keep pace with the cost of providing the services. Property Tax Rates are set annually 5. The City will review its incentive programs every three years and provide City Council with the amount of foregone revenues and any recommended changes. 6. The City will establish, when feasible, self-supporting enterprise funds and intergovernmental service funds in which a relationship between revenues and expenditures clearly exists. 7. The City will project current revenues on a conservative basis so the actual revenues will consistently meet or exceed budgeted revenues. Revenues greater or less than the original budget will flow through to the final Ending Budget Balance. 8. The City will maintain a budgetary control system and will prepare reports, which compare actual revenues to budgeted amounts. 9. The City will limit the designation of General Fund revenues for specified purposes to maximize flexibility in budgeting and revenue utilization. 10. The City will review annually and revise, where necessary, its cost allocation formulas, i.e. internal service departments. 2

11. Upon satisfying all rate covenants the City will provide operating transfers to the General Fund. From the Water/Wastewater Utility no greater than 4.5% of operating revenues and from the Electric Utility no greater than 8.0% of operating revenues. Both transfer calculations will exclude the carry forward budget balance, County Sewer Fees, and State Utility Tax. The Utility transfers will not exceed 25% of the General Fund Revenues. Expenditure Policy 1. Basic and essential services provided by the City will receive first priority for funding, i.e. Public Safety & Health, Utilities, Streets, & Sanitation. The City will establish performance measurements for all program areas, when feasible. These measures will reflect the demand, workload capability, and projected outcomes for the program to accomplish its objectives. 2. The City will adopt a balanced budget, by fund, for all funds maintained by the City, in which total anticipated revenues must equal or exceed the budgeted expenditures for each fund. The Beginning Budget Balance will not be considered a revenue source. (Existing wording) 3. The City will maintain a budgetary control system to ensure adherence to the original adopted budget and will prepare reports, which compare actual expenditures to budgeted amounts. Expenditures greater or less than the original adopted budget will flow through to the final Ending Budget Balance. 4. The City will refrain from budgeting revenues derived from infrequent and unanticipated transactions for ongoing expenses. These revenues will be set aside for asset replacement or as otherwise directed by Mayor and Council. 5. The City will provide access to medical, dental, vision, life, AD & D, and short-term disability insurance for its employees. The cost for these benefits will be a shared responsibility between the City and its employees as outlined in the City Personnel Handbook or collective bargaining agreements 6. The City will provide access to medical and dental insurance for its retirees and their families. The cost for these benefits will be a shared responsibility between the City and its retirees as outlined in the City Personnel Handbook or collective bargaining agreements. 7. The City will provide access to appropriate retirement plans for its employees. The City will make contributions for eligible employees at the actuarial determined percentage defined for each of the respective retirement plans. 8. The City will establish an Other Post-Employment Benefit Fund (OPEB) and provide available funding for early implementation of a new accounting standard promulgated by the Government Accounting Standards Board. When the standard officially takes effect, t The City will make contributions for eligible employees and retirees at the actuarial determined rates or percentages to fund future retiree medical benefits. 3

Debt Policy 1. The City will maintain a debt management policy and full disclosure on financial reports. 2. The City will maintain communications with bond rating agencies and continue to strive for improvements in the City’s bond rating. 3. The City will adhere to its debt covenants. 4. The City will review its debt capacity every three years. 5. The City will pay for all capital projects and capital improvements on a pay-as-you-go basis using current revenues whenever possible. If a project or improvement cannot be financed with current revenues, long-term debt or use of reserves will be recommended. 6. The City will refrain from issuing long-term debt for a period in excess of the expected useful life of the capital project. 7. The City will use special assessment revenue or other self-supporting bonds instead of general obligation bonds, when practical. 8. The City will seek refinancing of outstanding debt if it is determined that the City will benefit by reduced interest expense over the remaining life of the bonds. Budget Balance/Reserve Policy – General Fund 1. The City will strive to maintain a minimum Budget Balance, of at least 8% and no greater than 12% of the current year operating revenues for the General Fund, excluding the carry forward balance. The purpose of the budget balance is to meet temporary fluctuations in cash flows and to provide a cushion for loss of revenues until operating changes can be implemented. If the final existing Budget Balance exceeds the amount as approved in the budget ordinance required level, such funds shall may be used to provide for unfunded retirement liabilities non-recurring expenditures when the purchases cannot be accommodated through current year savings or as otherwise designated by City Council. The City may use monies in the Budget Balance only in times of fiscal and economic hardship. 2. Once achieved, at no time should the City’s budget balances fall below their specified percentages. If a shortfall occurs in the budget balance and immediately restoring the balances to the specified percentage would cause an extreme burden on the taxpayers, the budget balance may, with the Mayor’s and City Council’s approval, be restored to the specified percentage within one year, but in any case, no longer than three years. 3. The City will maintain a minimum reserve, in a contingency account, of at least 2% of the current year operating revenues for the General Fund. The City may only use monies in the contingency accounts to cover emergencies of a non-recurring nature that are over and above the normal course of operations. Examples are uninsured losses, storms or hurricane damages. The Contingency Reserve will not be used to balance the operating budget. 4

4. The total of the General Fund budget and contingency balances shall not exceed 17% (~ 2 months) of Budgeted Operating Revenues. 5. The City will create a Capital Asset Replacement account for Governmental Fund asset procurements. Optimally, the amount set aside for future asset replacements should equal the annual depreciation of the current assets. The City will appropriate excess (amounts greater than budgeted) revenues to fund this account, or if the balance is less than the $500,000 minimum, $200,000 per annum until such time the minimum balance is replenished. 6. The City will create a General Capital Project Fund to account for all General Government asset procurements and projects. The City will provide operating fund transfers and/or debt proceeds for each fiscal year’s Capital Investment Plan. All vehicle and equipment purchases under $25,000 will be budgeted on a pay as you go basis. Budget Balance/Reserve Policy – Water/Wastewater Fund 1. The City will strive to maintain a minimum Budget Balance, of at least 8% and no greater than 17% (two months) of the current year operating revenues for each of the Water & Wastewater Utility Funds, excluding the carry forward balance. The purpose of the budget balance is to meet temporary fluctuations in cash flows and to provide a cushion for loss of revenues until operating changes can be implemented. If the final existing Budget Balance exceeds the amount as approved in the budget ordinance required level, such funds shall may be used to provide for unfunded retirement liabilities non-recurring expenditures when the purchases cannot be accommodated through current year savings or as otherwise designated by City Council. The City may use monies in the Budget Balance only in times of fiscal and economic hardship. 2. Once achieved, at no time should the City’s budget balances fall below their specified percentages. If a shortfall occurs in the budget balance and immediately restoring the balances to the specified percentage would cause an extreme burden on the ratepayers, the budget balance may, with the Mayor’s and City Council’s approval, be restored to the specified percentage within one year, but in any case, no longer than three years. 3. The City will maintain a minimum reserve, in a contingency account, of at least 2% of the current year operating revenues for each the Water & Wastewater Fund. The City may only use monies in the contingency accounts to cover emergencies of a non-recurring nature that are over and above the normal course of operations. Examples are uninsured losses, storms or hurricane damages. The Contingency Reserve will not be used to balance the operating budget. 4. The total of the combined Water & Wastewater Fund budget and contingency balances shall not exceed 25% (3 months) of Budgeted Operating Revenues. 5. The City will maintain a Capital Asset Replacement account to cover replacement or procurement of assets of the utility. Optimally, the amount set aside for future asset replacements should equal the annual depreciation of the current assets. The City will maintain a minimum balance of $500,000 for each utility for Capital Asset Replacements. The City will appropriate excess revenues to fund this account, or if the balance is less than the minimum $100,000 per annum for each utility until such time the minimum balance is achieved. 5

6. The City established by ordinance on December 17, 1996 the Wastewater Impact Fee Reserve to provide for future expansion of the City’s wastewater system due to increased demand. The ordinance further provides for debt service payments attributed to wastewater expansion projects to be funded by the current year’s collection of Impact Fees and the remainder to be deposited into the reserve account. The City shall maintain a minimum of 20% of wastewater revenues in the Impact Fee Reserve account. Amounts used to finance projects shall be replenished by the operating revenues of the Wastewater Fund over the succeeding seven years of any project completion. 7. The City established by ordinance on February 1, 2008 the Water Impact Fee Reserve to provide for future expansion of the City’s water system due to increased demand. The ordinance further provides for debt service payments attributed to water expansion projects to be funded by the current year’s collection of Impact Fees and the remainder to be deposited into the reserve account. The City shall maintain a minimum of 20% of water revenues in the Impact Fee Reserve account. Amounts used to finance projects shall be replenished by the operating revenues of the Water Fund over the succeeding seven years of any project completion. 8. The Water & Wastewater Improvement & Extension Fund budget balance shall be no less than $200,000 of the current fiscal year’s appropriation for water and wastewater projects to allow for project variances and change orders; a 10% contingency shall be included in project budgets greater than $250,000 if the Department Head determines it to be appropriate. All vehicle and equipment purchases under $25,000 will be budgeted on a pay as you go basis. The City Manager shall make the necessary budget amendments in accordance with the City of Dover Purchasing & Budget Amendment Policies. Budget Balance/Reserve Policy – Electric Revenue Fund 1, The City will strive to maintain a minimum Budget Balance, of at least 8% and no greater than 12% of the current year operating revenues for the General Fund, excluding the carry forward balance. The purpose of the budget balance is to meet temporary fluctuations in cash flows and to provide a cushion for loss of revenues until operating changes can be implemented. If the final existing Budget Balance exceeds the amount as approved in the budget ordinance required level, such funds shall may be used to provide for unfunded retirement liabilities non-recurring expenditures when the purchases cannot be accommodated through current year savings or as otherwise designated by City Council. The City may use monies in the Budget Balance only in times of fiscal and economic hardship. 2. Once achieved, at no time should the City’s budget balances fall below their specified percentages. If a shortfall occurs in the budget balance and immediately restoring the balances to the specified percentage would cause an extreme burden on the taxpayers, the budget balance may, with the Mayor’s and City Council’s approval, be restored to the specified percentage within one year, but in any case, no longer than three years. 3. The City will maintain a minimum reserve, in a contingency account, of at least 1% of the current year operating revenues for the Electric Revenue Fund. The City may only use monies in the contingency accounts to cover emergencies of a non-recurring nature that are over and 6

above the normal course of operations. Examples are uninsured losses, storms or hurricane damages. The Contingency Reserve will not be used to balance the operating budget. 4. The total of the combined Electric Revenue Fund budget and contingency balances shall not exceed 25% (3 months) of Budgeted Operating Revenues. 5. The City has established by bond covenant an account to cover insurance deductibles on the electric transmission and distribution system or the generating plants. The City shall maintain a minimum balance of $350,000 to cover various deductibles. 6. Recognizing price fluctuations in the wholesale power markets the City has established a rate stabilization reserve. The purpose of using such a reserve is to level off the fluctuations in the wholesale power supply market and in turn provide stable rates to our customers. In those instances where the actual cost of power supply and generation are less/more than the budgeted cost of power supply and generation, the City will transfer the difference to/from the Rate Stabilization Reserve. The balance shall be maintained at a minimum of 3% not to exceed 10% of the purchase power cost in any given year. If the reserve balance exceeds the 10% maximum, a credit will be applied to the power cost adjustment. 7. The Electric Improvement & Extension Fund budget balance shall be no less than $200,000 of the current fiscal year’s appropriation for electric system projects to allow for project variances and change orders; a 10% contingency shall be included in project budgets greater than $250,000 if the Department Head determines it to be appropriate. All vehicle and equipment purchases under $25,000 will be budgeted on a pay as you go basis. The City Manager shall make the necessary budget amendments in accordance with the City of Dover Purchasing & Budget Amendment Policies. 8. The City has established an account to provide for capital financing of Future Capacity or system expansion. The City shall maintain a balance equivalent to the value of 10% growth in capacity at any given time, or no less than $10,000,000. Amounts used to finance projects shall be replenished by the operating revenues of the Electric Revenue Fund over the succeeding seven years of any project completion. 9. The City has established an account to provide for replacement or procurement of utility system assets, otherwise known as Depreciation Reserve. Optimally, the amount set aside for future asset replacements should equal the annual depreciation of the current assets. The City will maintain a minimum balance of $10,000,000. The primary purpose of this account is to provide partial or all financing of major capital projects and minimize debt service payments. The account is also intended to cover unforeseen capital replacements due to equipment breakdowns, storms or hurricane damages. Amounts used to finance projects shall be replenished by the operating revenues of the Electric Revenue Fund over the succeeding seven years of any project completion 10. The total of the combined Electric Revenue and Electric Improvement & Extension Fund budget and reserve balances shall be benchmarked at 50% Budgeted Operating Revenues. Operating Fund Budget Balance and Reserves shall be adjusted to appropriate levels through adjustments in the operating budget. Improvement & Extension Fund Budget Balance and Reserves shall be adjusted in accordance with the Capital Improvement Plan. 7

Investment and Cash Management Policy 1. The City will deposit all receipts on a timely basis in interest bearing accounts. 2. The City will strive to maximize the return on its investment portfolio without jeopardizing principal amounts. 3. The City will limit its investments to the types of securities provided for by Delaware statutes. 4. The City will diversify its investments by maturity date to protect against market fluctuations. 5. The City will purchase securities from qualified institutions based on competitive bids in an effort to obtain the highest available rates. 6. The City will maintain an Investment Policy based on prudent investment practices and will monitor all investment managers’ compliance with policy objectives. Capital Improvement Policy 1. The City will prepare and update, as needed a five-year Capital Improvements Program (CIP) which will provide for the orderly maintenance, replacement, and expansion of capital assets. 2. The CIP will identify long-range capital projects and capital improvements of all types, which will be coordinated with the annual operating budget to maintain full utilization of available revenue sources. 3. When preparing the CIP, the City will seek to identify all viable capital projects and capital improvements required during the subsequent five-year period. These projects and improvements will be prioritized by year and by funding source. 4. Every attempt will be made to match projects and improvements with available funding sources. Future operating costs and savings associated with a project or an improvement will also be given consideration in the establishment of priorities. 5. The City will seek Federal, State, and other funding to assist in financing capital projects and capital improvements. 6. The City will incorporate the reasonable findings and recommendations of other cities’ Boards, Commissions, Committees, and Citizen Task Forces, as they relate to capital projects and improvements. 7. The City will seek input from the public by holding public hearings in relation to the establishment of projects and project priorities. 8

Financial Reporting Policy 1. The City’s accounting system will maintain records in accordance with accounting standards and principles outlined by the Governmental Accounting Standards Board (GASB), Financial Accounting Standards Board (FASB), and the State of Delaware. 2. The City will employ an independent accounting firm to perform an annual audit of the City’s finances and make the annual audit available to all required and interested parties. 3. The City will produce monthly and quarterly financial statements reporting the current periods’ activity for all funds maintained by the City. 4. The City will prepare an annual budget document that provides a basic understanding of the City’s planned financial operations for the coming fiscal year. Copies of the proposed and final budget will be made available to all interested parties and opportunities will be provided for citizen input prior to final decisions on the budget. 5. The City will place continued emphasis on review and maintenance of an accounting system which provides strong internal budgetary and accounting controls designed to provide reasonable assurance, but not absolute, assurance regarding: (a) the safeguarding of assets against loss from unauthorized use or disposition and, (b) the reliability of financial records for preparing financial statements and reports, and the maintaining accountability for assets. 6. The City will seek annual renewal of the Government Finance Officers Association’s (GFOA) Certificate of Achievement for Excellence in Financial Reporting and the Distinguished Budget Presentation Award. Adoption: 1. Approval by City Council: January 28, 2002 2. Amended by City Council: November 25, 2002 3. Amended by City Council: May 10, 2004 4. Amended by City Council: February 26, 2007 5. Amended by City Council: July 28, 2008 6. Amended by City Council: February 14, 2011 7. Amended by City Council: June 27, 2011 9

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee DEPARTMENT OF ORIGIN: Customer Services DATE SUBMITTED: 08/30/2011 PREPARED BY: Kathleen Divver, Customer Service Manager SUBJECT: Elimination of the utility delinquent notice mailed to customers REFERENCE: N/A RELATED PROJECT: N/A REVIEWED BY: Interim City Manager & Controller EXHIBITS: Exhibit #1, Exhibit #2 & Exhibit #3 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIME TIMETABLE: Present proposal to Council-September 2011- Notify utility customers of change by insert with the October 2011 bill, and eliminate notice effective November 1, 2011. RECOMMENDED ACTION: Staff recommends adding the delinquent notification to the utility bill in order to eliminate a separate mailing of the delinquent notice. BACKGROUND AND ANALYSIS The existing delinquent notification process generates a separate notice to utility customers. The separate notice is commonly known as the “blue” notice. Currently, utility bill payments are due twenty-one (21) days after the bill date. On the twenty-third (23) day, a delinquent notice is generated and mailed to the customer. There are approximately 6,000 – 7,000 notices mailed each month. Using the new utility bill format, we are able to provide utility customers with the “Notice of Disconnection” as a direct notation on the bill. Our software programs will ensure the notification will appear only on a utility bill with a delinquent balance. Staff estimates this change in procedure will result in a cost savings of approximately $30,000.00 in postage, $5,000.00 in office supplies, and an overall staff time savings of one (1) hour a day for two hundred sixty (260) work days a year. Currently, the preparation and mailing of the delinquent notice requires the combined efforts of staff from Customer Service and Central Services. Attachments provided include: Exhibit #1 - Current delinquent notice Exhibit #2 - Billing timeline Exhibit #3 - Sample of new utility bill containing “Notice of Disconnection”

Exhibit #1

City of Dover Exhibit #2 CURRENT TIMELINE Bill Generated Due date Day 21 Delinquent Notice Day 23 Gives customers a 14 day notice to pay to avoid disconnection. During the 14 days customers may request an extension up to 6 times a year. Penalty of 1.5% Day 30 Penalty charge appears on next bill. Subject to disconnection Day 37 PROPOSED TIMELINE Bill Generated Due Date Day 21 Past Due after Day 21 Penalty charge appears on next bill Penalty of 1.5% Day 30 Gives customers 10 day notice to pay to avoid disconnection. During the 10 days customers may request an extension up to 6 times a year. Subject to disconnection Day 43 P.O. Box 475, Dover, DE 19903-0475 Community Excellence Through Quality Service

Exhibit #3

ACTION FORM PROCEEDING: Legislative, Finance and Administration Committee DEPARTMENT OF ORIGIN: Human Resources DATE SUBMITTED: 8/12/2011 PREPARED BY: Kim Hawkins, Human Resources Director SUBJECT: Social Media Policy REVIEWED BY: Interim City Manager, Scott Koenig EXHIBITS: Proposed Social Media Policy RECOMMENDED ACTION: Staff recommends the implementation of the Social Media Policy as presented. BACKGROUND AND ANALYSIS As electronic media constantly changes, staff are recommending the implementation of the attached Social Media Policy. Social media is subject to the same standards of conduct that apply to in-person communications and activities. Therefore, all of the expectations and obligations contained in other City of Dover policies also apply online. Other policies that may be relevant include City of Dover’s policies on Discrimination and Harassment, Disclosure of Confidential Information, Failure in Personal Conduct, Incompatible Activities and Disciplinary Action. Any personnel whose conduct violates this policy will be subject to the City of Dover’s disciplinary measures. In addition, any employee, who becomes aware of inappropriate use of social media by coworkers or supervisors, must report their findings to the Human Resources Department immediately.

August 2011 City of Dover Social Media Policy Purpose This policy is intended to provide City of Dover personnel with an overview of what is considered appropriate use of social media. Because of the evolving nature of social media, personnel should be aware that this Policy is not intended to be comprehensive in scope. Instead, personnel are expected to apply the standards set forth in this Policy and the more general standards of good judgment and professionalism to all conduct, including their conduct online. Applicability of Other Policies This policy is intended to supplement—not replace—other City of Dover policies. Social media is subject to the same standards of conduct that apply to other activities. Therefore, all of the expectations and obligations contained in other City of Dover policies also apply online. Other policies that may be relevant include City of Dover’s policies on Discrimination and Harassment, Disclosure of Confidential Information, Failure in Personal Conduct, Incompatible Activities and Disciplinary Action. Any employee, who becomes aware of inappropriate use of social media by coworkers or supervisors, must report their findings to the Human Resources Department immediately. And, as with other City of Dover policies, any personnel whose conduct violates this policy will be subject to the City of Dover’s disciplinary measures. Questions Social media changes rapidly and there will likely be events or issues that are not addressed in this policy. If, at any time, you are uncertain about the application of this policy or if a question relating to the appropriate use of social media arises that is not fully addressed by this policy, you should seek the guidance of the appropriate person before posting or otherwise engaging online. When in doubt, personnel should ask for guidance first because, once the information is online it isn’t easily retractable. Although employees may consult with their supervisor, Human Resources personnel, has been designated as the contact person for purposes of this policy and is most likely the best resource to answer questions relating to it. The Human Resources Director can be contacted at 736-7790. Scope Persons Covered This policy applies to all online and social-media activity of all City of Dover personnel except City of Dover police department employees. This policy applies without regard to whether such activity occurs in the workplace or whether City of Dover equipment or technology is used. Managers and executives have a special responsibility when blogging or otherwise communicating online. They must consider whether personal thoughts may be misunderstood as expressing City of Dover positions. Managers should assume their teams will read what they write.

Technologies Covered “Social media” includes all forms of online applications, websites, tools, and platforms that enable communication between users. The specific types of social media change frequently but, as a general matter, include: (a) social-networking sites (e.g., Facebook, MySpace, LinkedIn) (b) blogs and micro-blogs (e.g., Wordpress, Blogger, Twitter, Tumblr); and (c) content-sharing sites (e.g., Flickr, YouTube, Vimeo, Scribd). Additionally, comments posted to a website or blog, and other user-generated content are subject to the standards set forth in this policy. Core Principles The City of Dover provides the following suggestions for good online citizenship. Be Professional Maintain professionalism in all online activity. Apply a good-judgment test for every activity relating to your employment. For example, what would your manager or subordinates think of your posting? Be Cautious Be smart about protecting yourself, your privacy, and any sensitive or restricted confidential and sensitive information. What is published is widely accessible, not easily retractable, and will be around for a long time, so consider the content carefully. Be Transparent Your honesty will be quickly noticed in the social media environment. If you are blogging about your work at the City of Dover use your real name, identify that you work for City of Dover and be clear about your role. If you have a vested interest in something you are discussing, be the first to point it out. If you make a mistake, admit it. Be upfront and be quick with your correction. If you are posting to a blog, you may choose to modify an earlier post. Make it clear that you have done so. Internet Safety Once posted online, information becomes public. It cannot be recalled or removed or even limited to certain users. Personnel should be extremely cautious about the information they post online, taking particular care to avoid disclosing personal information about themselves, their families, or the City of Dover Always consider the possibility that what you post online will become public and permanent. Affiliation Do Not Identify Yourself as City of Dover Personnel As a general matter, personnel should not disclose their relationship with the City of Dover in online content. For example, personnel should not use a City of Dover issued e-mail address in a social-networking profile. Personnel should be particularly diligent to ensure they do not portray their online activities as being endorsed

by the City of Dover. Similarly, personnel should be cautious not to portray their personal opinions as opinions held by the City of Dover. Use a Disclaimer When Appropriate If it reasonable to conclude that others may associate you with the City of Dover, even in the absence of any specific identifying information, you may need to specifically disclaim the City of Dover’s endorsement. A disclaimer is particularly important when commenting on sensitive or controversial issues and any time your comment may be seen as contradictory to a position or interest of the City of Dover. The following disclaimer is appropriate for this purpose: All content, including opinions and views expressed, are mine alone and does not necessarily represent the opinion of my employer, its staff, or its clients. My employer has not approved of and is not responsible for the content or posting of this page/profile/site. Prohibited Conduct Employees are prohibited from engaging in, accessing, or otherwise using social media during working time, unless the use is directly related to the employee’s scope of work as it relates to his or her position at the City of Dover and is approved by the employee’s Department Head. As stated above, personnel’s online activity, including participation in social media, is subject to the same standards of conduct applicable to in-person communications and activities. The following non-exclusive list is intended to address some issues that are of particular importance to the City of Dover. Employees are prohibited from engaging in any of the following in their online activities and posts: Promoting illegal activity, including the use of illegal drugs; Promoting or endorsing violence; Disparagement of co-workers, supervisors, members of the public with whom you interact as a result of your employment (i.e., witnesses, crime victims, etc.); or affiliated agencies; ; Directing any negative comment towards or about any individual or group based on race, religion, gender, disability, sexual orientation, national origin, citizenship, or other characteristic protected by law; Disclosure of any confidential information; Posting, uploading, or sharing any recording or images (including audio, pictures, and videos), taken in the workplace or at any Employer-sponsored event without express advance authorization; and Has both a reference to the employee being affiliated with City of Dover and which contains content that is unprofessional, unbecoming or illegal, such as lewd sexual conduct, excessive alcohol consumption or similar behaviors. Clarification on appropriate postings, if needed, shall be directed to Human Resources Director.

ACKNOWLEDGMENT STATEMENT City of Dover – Social Media Policy City Employee This is to certify that I have read and understand the guidelines set forth within the City of Dover Social Media Policy. If I have any questions about the policy, I understand that I need to ask my supervisor or Human Resources for clarification. Printed Name: ___________________________________ Signature: ______________________________________ Department: ____________________________________ Date: __________________________________________ H/Social Media/Social media policy statement