CCW Packet

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, September 13, 2022 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/ictukv Event number: 2533 221 0139 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE ADOPTION OF THE AGENDA MAYOR AND COUNCIL REPORTS - 1. Council President Sudler 2. First District 3. Second District 4. Third District 5. Fourth District 6. At - Large 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - September 13, 2022 PAGE 2 7. Mayor Christiansen ADJOURNMENT OF THE PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING UTILITY COMMITTEE ADOPTION OF THE AGENDA 1. Resolution Application for Drinking Water Matching Planning Grant (Jason Lyon, Director of Water Wastewater) (Staff recommendation: Adopt resolution as submitted so staff may complete application for a Water Matching Planning Grant.) ADJOURNMENT OF THE UTILITY COMMITTEE MEETING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. History of Controller/Treasurer Position (Mayor Robin R. Christiansen) (Committee Action Not Required) 2. Review of the Special Events and Permit Process (David S. Hugg, III, City Manager) (Verbal Presentation) 3. Proposed Ordinance #2022-09 - Amending Chapter Chapter 114 –Vegetation, Article II- Weeds, Section 114-34 - Fines and Appendix F - Fees and Fines (Staff recommendation: Approve Ordinance for First Reading at the September 26, 2022, Regular City Council Meeting) 4. Proposed Ordinance #2022-13 - Amending Chapter 90 – Solid Waste, Section 90-2 – Unlawful deposits (Staff recommendation: Approve Ordinance for First Reading at the September 26, 2022, Regular City Council Meeting) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 2

Item 1. CITY OF DOVER, DELAWARE ACTION FORM PROCEEDING: Council Committee of the Whole (L & F) DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: September 2, 2022 PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services REVIEWED BY: David S. Hugg, III, City Manager and Lori Peddicord, Controller / Treasurer SUBJECT: Resolution Application for Drinking Water Matching Planning Grant TIMETABLE: Application to be submitted by September 30, 2022. Once adopted by Council, this will be forwarded to Drinking Water State Revolving Fund Program. RELATED PROJECT: N/A REFERENCE: N/A EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A STAFF RECOMMENDATION: Adopt resolution as submitted so staff may complete application for a Water Matching Planning Grant. BACKGROUND AND ANALYSIS: The State of Delaware has allotted matching funds to update and prepare security plans. The Fiscal Year 2023 budget includes funds in the Water Division to conduct a feasibility study to upgrade and replace our existing SCADA system that controls our water production infrastructure. In general, this study will evaluate our existing system and provide a plan with an estimate on how to upgrade the communication system. The cost to prepare the plan as described above has not been determined to date. The budget in the Water Division Capital Improvement Plan budget is $50,000. The Department of Water & Wastewater will be seeking matching funds in the amount of $50,000 which could be 50% of the total cost. The amount of the matching grant will depend on the costs of the bid that will be forthcoming. For example, if the bid comes in at $50,000, the City would amend the grant application to 50% of the bid, or $25,000. The application process for the grant requires the City Council to adopt a resolution endorsing the application for a Water Facility Planning Grant. 3

Item 1. PROPOSED COUNCIL RESOLUTION NO. 2022-07 1 A RESOLUTION PROPOSING APPLICATION FOR DRINKING WATER MATCHING 2 PLANNING GRANT 3 4 WHEREAS, the Mayor and Council of the City of Dover, Delaware, herein called the “Applicant”, has, 5 after adequate consideration, of the various aspects of available data as it relates to the water infrastructure, 6 determined that improvements to the City of Dover water infrastructure may be necessary; and 7 8 WHEREAS, the Applicant has determined that the expeditious completion of a Supervisory Control and 9 Data Acquisition (SCADA) equipment upgrade is desirable and in the public interest, and to that end it is 10 necessary that actions be taken immediately; and 11 12 WHEREAS, the State of Delaware has authorized the making of grants to aid in financing a Security Plan 13 and related services in connection therewith; and 14 15 WHEREAS, the Applicant has examined and duly considered the Guidelines for said grants and the 16 Applicant deems it to be in the public interest and to the public benefit to file an application for a grant 17 under these Guidelines, and to authorize other action in connection therewith. 18 19 NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Dover, Delaware, 20 the governing body of said Applicant, as follows: 21 22 1. That the said Project is essential to and is in the best interest of the Applicant and to the end 23 that the said Project may be carried out as promptly as practical, it is desirable that action hereto 24 be undertaken immediately. 25 26 2. That David S. Hugg, City Manager, or his designated representative, be hereby authorized to 27 file on behalf of the Applicant, an application (in the format required by the State of Delaware 28 and in conformity with the request hereto) for a matching grant to be made from the State of 29 Delaware Drinking Water State Revolving Fund (DWSRF) Non-Federal Administrative 30 Account to the Applicant to aid in defraying the cost of the Project described above. 31 32 3. That if such a grant is made, the Applicant agrees to pay all the remaining cost of the approved 33 Project, over and above the amount of the State grant. 34 35 4. That the said David S. Hugg, City Manager, or his designated representative, is hereby 36 authorized to accept any State grant that may be offered, to furnish such information and to 37 take other action as may be necessary to enable the Applicant to qualify for the grant; and 38 39 5. That the said David S. Hugg, City Manager, or his representative designated as the Authorized 40 Representative of the Applicant for the purpose of furnishing to the State of Delaware such P.O. Box 475 ❖ Dover, Delaware ❖19903 4 Community Excellence Through Quality Service

Item 1. 41 information, data, and documents pertaining to the application for the grant as may be required; 42 and otherwise, to act as the authorized representative of the Applicant in connection to the 43 application and in connection with any requirements of the State grant which may be made. 44 45 6. That certified copies of this Resolution be included as part of the Application to be submitted 46 to the State of Delaware. 47 48 ADOPTED: 49 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\TEMPLATES\TEMPLATE - Resolution.wpd 50 51 52 53 54 55 56 ROBIN R. CHRISTIANSEN ROY SUDLER, JR. 57 MAYOR COUNCIL PRESIDENT 58 59 60 61 62 Action History 63 09-13-2022 - Introduction - Utility Committee P.O. Box 475 ❖ Dover, Delaware ❖19903 5 Community Excellence Through Quality Service

Item 4. City of Dover 1 PROPOSED ORDINANCE #2022-09 2 3 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 4 COUNCIL MET: 5 6 That Chapter 114 –Vegetation, Article II-Weeds, Section 114-34- Fines be amended by inserting 7 the text indicated in bold, blue, and deleting the text indicated in red strikeout as follows: 6 8 Sec. 114-34. Fines. 9 (a) Generally. Any person convicted of a violation of section 114-32, regardless of corrective 10 actions taken, shall be punished for that violation by a fine as provided for in Appendix F— 11 Fees and Fines. Any such fine shall be in addition to any charges or assessments imposed 12 upon the violator pursuant to section 114-33(a). All fines imposed shall be in accordance 13 with the minimum fine schedule set out in subsection (c) herein. 14 (b) Each day. Every day that a violation of section 114-32 continues shall be considered a 15 separate offense, for which the violator may be tried and convicted without necessity of 16 further notice. 17 (c) Minimums. 18 (1) Any fine assessed pursuant to subsection (a) of this section shall be no less than the 19 minimum amount as provided for in Appendix F—Fees and Fines. 20 (2) In determining the applicable minimum fine, an offense shall be considered a 21 recurring offense only if the defendant has previously pleaded or been found guilty 22 of causing or permitting the same nuisance at the same location within the past 18 23 12 months, or for every day that the violation of section 114-32 continues as per 24 subsection (b) of this section. 25 (d) Lien. Any fines imposed pursuant to subsection (a) of this section which remain unpaid 26 shall: 27 (1) Be added to the tax duplicate for the tax year said services were provided by the city 28 and invoiced as part of the annual property tax bill for said property and collected as 29 part of the city property tax collection process, and 30 (2) Be placed by the city as specified in the municipal lien docket as a lien against the 31 property on which the violation occurred, and the procedures for enforcement or 32 collection of said lien shall be as set out in section 114-33(b). 33 (e) When not paid. Fines not paid within 14 days of the day the fine was issued, including the 34 day the fine was issued, shall be automatically doubled in amount. 35 36 (Code 1981, § 21-19; Ord. of 3-23-1992; Ord. of 7-27-1992; Ord. of 9-22-2003; Ord. No. 2009- 37 09, 6- 22-2009; Ord. No. 2012-22, 11-13-2012) 38 39 BE IT FURTHER ORDAINED: 40 41 That Appendix F be amended by inserting the text indicated in bold, blue font and deleting the 42 text indicated in red strikeout as follows: 43 44 Chapter 114. Vegetation 6

Proposed Ordinance #2022-09 – Vegetation, Article II-Weeds, Section 114-34 – Fines and Appendix F – Fees and Fines Page 2 Item 4. Chapter 114. Vegetation Fees and Fines Article II. Weeds Every day that a violation of section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. 45 Sec. 114-33. Failure to maintain proper height; abatement by city; costs and lien Subsec. (a) Summons; action by city $50.00 per hour for such work that must be done to render the property in compliance with this article Sec. 114-34. Fines Subsec. (a) Generally In addition to charges or assessments imposed, a fine of not less than $25.00 $50.00, nor more than $100.00 $250.00 in accordance with minimum fine schedule in subsec. (c)(1) In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded or been found guilty of causing or permitting the same nuisance at the same location within the past 18 12 months, or for every day that the violation of section 114-32 continues as per subsection (b) of this section. Subsec. (c)(1) Minimums—Any fine assessed pursuant to subsection (a) of this section shall be no less than the following minimum: First offense $25.00 $50.00 Second offense $50.00 $100.00 Third and subsequent offenses $100.00 $250.00 46 47 ADOPTED: * 48 49 SYNOPSIS 50 51 This ordinance raises the fees of grass fines and shortens the duration of the amount of time 52 considered a recurring offense from 18 to 12 months. The fee increase is more in line with 53 what other jurisdictions are charging for high grass violations. As of June, 2022 the Code 54 Enforcement office handled 1,022 tall grass and weeds violations. That is more than the entire 55 year last year where 750 cases were handled, 758 in 2021, 775 in 2020 and 661 in 2019. Fines 7

Proposed Ordinance #2022-09 – Vegetation, Article II-Weeds, Section 114-34 – Fines and Appendix F – Fees and Fines Page 3 Item 4. 56 and violations are meant to be an incentive to keep in compliance with the Code. It is hoped 57 that these fee increases and the decrease in the time considered for a recurring offense will be 58 a deterrent from violations in the future. 59 60 (SPONSORS: ANDERSON AND HUGG) 61 62 Actions History: 63 09-13-2022 – Introduced at Legislative, Finance, and Administration 64 Committee 65 8

Item 5. City of Dover 1 2 PROPOSE ORDINANCE #2022-13 3 4 5 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 6 COUNCIL MET: 7 8 That Chapter 90 – Solid Waste, Section 90-2 – Unlawful deposits be amended by inserting the 9 text indicated in bold, blue, and deleting the text indicated in red strikeout as follows: 10 Sec. 90-1. Definitions. 11 The following words, terms and phrases, when used in this chapter, shall have the meanings 12 ascribed to them in this section, except where the context clearly indicates a different meaning: 13 Alley means any public way, generally of less width than a street, used for public utility 14 purposes and right-of-way, and as an alternate secondary or emergency route for vehicle and 15 pedestrian traffic, generally situated at the rear of or alongside a tier of lots. 16 Apartment means a suite or set of rooms, with necessary appurtenances, in a building occupied 17 or suitable to be occupied as a dwelling unit. 18 Apartment complex means an assemblage of large multiple dwelling unit buildings located in 19 zones RG-2 and RG-4 as defined by appendix B to this Code pertaining to zoning. 20 Apartment house means an owner-occupied dwelling unit with apartments, or a building, 21 formerly a residence, converted into apartments. 22 Automated collection means the use of fully- or semi-automated mechanized lift collection 23 vehicles with authorized containers. 24 Building code means the current edition of the city building code, adopted in article III of chapter 25 22. 26 Bulk residential household waste means materials too bulky to fit in city issued solid waste 27 containers permitted in section 90-4. 28 Bulk residential yard waste means yard waste material too bulky to fit in private yard waste 29 containers permitted in section 90-4. 30 Commercial establishment means any structure intended or used for the purpose of conducting 31 a commercial business enterprise. 32 Container means a receptacle for the deposit of solid waste. 33 Drive-in service means a service involving city sanitation department employees driving in or 34 on private property to collect commercial accounts. 35 Duplex means a structure intended for use and occupancy as two-family dwelling units. 36 Dwelling unit means a dwelling unit as defined by the city's building code (article III of chapter 37 22). 9

Proposed Ordinance #2022-13 – Amending Chapter 90 – Solid Waste, Section 90-2 Unlawful deposits Page 2 Item 5. 38 Food establishment means a cafe, restaurant, or other similar establishment serving food or food 39 products, including quick service drive-ins where food is prepared or served. 40 41 Garbage means solid waste consisting of putrescible animal and vegetable waste materials 42 resulting from the handling, preparation, cooking and consumption of food, including waste 43 materials from markets, storage facilities, handling and sale of produce and other food products. 44 Health inspector means the head of the health department, or anyone authorized to act for him. 45 Illegally dumped solid waste means any solid waste placed on properties, with or without the 46 consent of the owner or person in control, where such waste constitutes a nuisance detrimental 47 to the public health and welfare. 48 Industrial solid waste means waste that is generated by businesses from an industrial or 49 manufacturing process. 50 Institution and institutional mean any church, church building or structure housing any 51 charitable, philanthropic or eleemosynary undertaking, or any school, or any publicly owned or 52 governmental building. 53 Manager means the person in charge of real estate used for apartment, institutional or 54 commercial purposes. 55 Manual collection means the service rendered in collecting municipal solid waste from 56 containers, when containers can be handled by persons picking up the containers as distinguished 57 from automated collection. 58 Municipal solid waste and solid waste mean solid waste resulting from or incidental to 59 municipal, community, trade, business, and recreational activities, including garbage, rubbish 60 (or trash), and all other solid waste, other than industrial solid waste. 61 Newsprint means a common and inexpensive machine-finished paper made chiefly from wood 62 pulp, including, but not limited to, newspapers, magazines, periodicals, telephone books and 63 catalogues. 64 Occupant means the person residing in a dwelling unit, specifically the head of such household. 65 Owner means the record title holder of real property. 66 Permittee means any person licensed by the state solid waste authority to contract to collect, 67 remove or dispose of solid waste. 68 Property line means the peripheral boundary of real estate. 69 Public easement means a right-of-way used or dedicated to be used by any public utility, 70 including, but not limited to, services such as electricity, telephone, gas, solid waste collection, 71 water, sewer and drainage. 72 Public way means any street, alley, easement or other right-of-way. 73 Recyclable material or recyclables means any material or group of materials that can be 74 collected and sold or used for recycling as designated by the Delaware Solid Waste Authority 75 and/or State of Delaware. 10

Proposed Ordinance #2022-13 – Amending Chapter 90 – Solid Waste, Section 90-2 Unlawful deposits Page 3 Item 5. 76 Recycling means the process by which solid wastes are separated for use as raw materials, 77 product or replacement of product. 78 Residence means a structure intended for use and occupancy as a one-family dwelling 79 Rubbish and trash mean all waste or refuse of any kind, including garbage, either combustible 80 or noncombustible in nature, having little or no value except as waste or refuse. 81 Sanitary landfill means a method of disposing of municipal solid waste on land, without creating 82 a nuisance or hazard to public health or safety, by utilizing the principles of engineering to 83 confine the solid waste to the smallest practical area to reduce it to the smallest practical volume, 84 and to cover it with a layer of earth at appropriate intervals. 85 Street means any public thoroughfare for the passage of vehicle and pedestrian traffic. 86 Vehicle means any wheeled conveyance. 87 Yard waste means plant material residues resulting from lawn maintenance and other 88 horticultural gardening and landscaping activities including grass, leaves, pruning’s, brush, 89 shrubs and garden material provided that trunks and limbs do not exceed three inches in diameter 90 and are cut in lengths not to exceed four feet. Leaves are considered yard waste except during 91 times leaf collection is provided as scheduled by the city manager or his/her designee. Yard 92 waste may not be comingled with trash, garbage or any other non-yard waste material. 93 (Code 1981, § 8-1; Ord. of 5-24-1982; Ord. No. 2019-10 , 5-13-2019) 94 95 96 Section 90-2. Unlawful deposits. 97 98 (a) On outside premises. It shall be unlawful for any person to place, deposit, discard, or 99 otherwise cause to be put yard waste, garbage, rubbish, or any other type of waste on any 100 outside premises within the city, whether public or private, in such a manner as to cause 101 unsanitary, unsightly, or unhealthy conditions, except at such places as are, have been, or 102 shall be designated by the city manager, and except in accordance with other provisions 103 of this chapter. For the purposes of this subsection, the term "outside premises" includes, 104 but is not limited to, streets, alleys, sidewalks, ditches, yards, lots, fields, streams, and 105 exterior portions of buildings. 106 (b) Inspections; citations. The city code enforcement officer shall regularly inspect all 107 outside premises to enforce the provisions of subsection (a) of this section. The city code 108 enforcement officer shall issue citations for violations for every occurrence hereof and 109 may abate such conditions pursuant to the provisions of the Charter and this Code. 110 (c) Removal. The city reserves the right to remove waste determined by the code 111 enforcement officer to cause unsanitary or unhealthy conditions or cause a public 112 nuisance should the owner, occupant or person notified fail to remove the waste and 113 address the public concern in an expedient fashion. In such cases the owner, occupant or 114 person notified will be billed for the waste removal. 115 (d) Prosecution; presumptions. In the prosecution of a violation of subsection (a) of this 116 section, the following presumptions shall apply: 117 (1) Owner, occupant. If the condition resulting from the violation was found on 118 premises owned and/or occupied by the person to whom notice was given, 11

Proposed Ordinance #2022-13 – Amending Chapter 90 – Solid Waste, Section 90-2 Unlawful deposits Page 4 Item 5. 119 then it shall be presumed that said owner and/or occupant was responsible for 120 said condition. Notice shall be in writing and be physically posted on the 121 property. If the person to whom notice was given fails to notify the city code 122 enforcement officer that he or she is not responsible for said condition within 123 seven days forty-eight hours (two business days) of notification the sending 124 of the notice, then it shall be presumed that the said person notified was in fact 125 responsible for said conditions not being removed. The presumptions 126 described above are rebuttable by the person charged and must be rebutted by 127 a preponderance of the evidence in order for the person so charged to be 128 exonerated. 129 (2) Multiple dwelling units. If the condition resulting from the violation was 130 found on the property whereon multiple dwelling units exist and the party 131 actually committing the violation cannot with reasonable certainty be 132 determined, then it shall be presumed that the owner or manager of the subject 133 premises, upon being given written notice, is the party responsible for 134 ensuring that the condition is removed from the premises. 135 (Code 1981, § 8-2; Ord. of 5-24-1982; Ord. No. 2019-10 , 5-13-2019) 136 137 BE IT FURTHER ORDAINED: 138 139 That Appendix F, Chapter Insert Chapter 90. Solid Waste, Sec. 90-17 Violations; be amended 140 by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout 141 as follows: 142 Chapter 90. Solid Waste 143 144 Chapter 90. Solid Waste Fees and Fines 145 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, 146 shall be automatically doubled in amount. 147 Sec. 90-1716. Violations; penalties Not in excess of less 148 149 than $100.00, nor less more than 150 $1000.00 for each 151 violation 152 ADOPTED:* 153 154 SYNOPSIS 155 This ordinance defines the types of notification for unlawful deposits and changes the timing of 156 notification. This ordinance also amends Appendix F. The purpose of this ordinance change is 157 to prevent unlawful deposits from creating a continued public nuisance and safety risk. 139 158 159 (SPONSORS: ANDERSON AND HUGG) 160 161 Actions History: 162 09-13-2022 - Introduced at Legislative, Finance, and Administration Committee 163 12