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CITY OF DOVER, DELAWARE
REGULAR CITY COUNCIL MEETING
Monday, August 14, 2023, at 6:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
THIS AGENDA AND PAPERLESS PACKET HAVE BEEN REVISED TO
REMOVE ITEM #2 BOARD OF ASSESSMENT APPEALS EXEMPTION
REPORT - JUNE 6, 2023 - SUZANNE CERRO - 27 FIELDSTONE COURT
VIRTUAL MEETING NOTICE
This meeting will be held in the City Hall Council Chambers with electronic access via WebEx.
Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/2d9y2
Event number: 2536 747 7277
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts.
The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's
Streaming Player located at www.cityofdover.com under "Quick Links".
OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.)
The “Open Forum” segment is provided to extend the opportunity to the general public to share their
questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda
as a public hearing is prohibited during the Open Forum as an opportunity will be provided during
consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from
taking action since they are not in official session; however, they may schedule such items as regular
agenda items and act upon them in the future.
INVOCATION - Elder Ellis B. Louden
PLEDGE OF ALLEGIANCE - Councilwoman Arndt
ADOPTION OF AGENDA
ADOPTION OF CONSENT AGENDA
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REGULAR CITY COUNCIL MEETING - August 14, 2023 PAGE 2
All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single
roll call vote of the Council. There will be no separate discussion of these items unless a member of
Council so requests, in which event the matter shall be removed from the Consent Agenda and considered
a separate item.
PRESENTATIONS
1. Certificate of Recognition - Eugenia Thornton - Recorder of Deeds Property Transaction
Alert System
CONSENT AGENDA
ADOPTION OF MINUTES
2. Regular City Council Meeting of July 24, 2023
COMMITTEE REPORTS
3. Council Committee of the Whole Report of July 25, 2023
Legislative, Finance, and Administration Committee
4. Proposed Resolution No. 2023-11 - Verizon Franchise Renewal (David S. Hugg III,
City Manager)
(Committee Recommendation: Approval of the resolution for the proposed Cable
Franchise Agreement)
5. Proposed Resolution No. 2023-09 - Application for Drinking Water Matching
Planning Grant (Jason Lyon, Water/Wastewater Director)
(Committee Recommendation: Adoption of the resolution as submitted so staff may
complete the application for a Water Matching Planning Grant and authorize the sole
source designation for Rezatec.)
6. Consolidated Appropriations Act of 2023 Grant Approval for Water Quality
Improvements FY24 (Jason Lyon, Water/Wastewater Director)
(Committee Recommendation: Allow staff to complete the grant application for the
Consolidated Appropriations Act of 2023 to supplement payment of the capital
project.)
7. Emerging Contaminants – Small or Disadvantaged Community Grant Program
Approval for Carbon Column Replacement and PFAS Treatment Feasibility Study &
Design (Jason Lyon, Water/Wastewater Director)
(Committee Recommendation: Allow staff to submit a grant application for the
Column Media Replacement and the PFAS Treatment Feasibility Study & Design.)
8. Dover Little League Site Improvements - Change Order to CT2322 (Jason Lyon,
Water/Wastewater Director)
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REGULAR CITY COUNCIL MEETING - August 14, 2023 PAGE 3
(Committee Recommendation: Award change order to Grassbusters Landscaping Co.,
Inc, for the City of Dover FY 2023B Street and Alley Program, Bid #23-0012PW,
specifically for the Little League Site Improvements, for the amount of $264,994.)
9. Discussion of Additional Budget Proposals in Preparation for Fiscal Year 2025
(David S. Hugg III, City Manager)
(Committee Action Not Required)
10. Declaration as Surplus and Disposition - Former Dover Post Office (David S. Hugg
III, City Manager)
(Committee Recommendation: Approval of disposition of property.)
MONTHLY REPORTS - June 2023
11. City Assessor's Report
12. City Council’s Community Enhancement Fund Report
13. City Manager’s Report
14. City Planner's Report
15. Controller/Treasurer's Budget Report
16. Fire Chief's Report
17. Police Chief's Report
APPOINTMENTS/REAPPOINTMENTS-RECOMMENDED BY THE MAYOR
18. Public Advisory Committee of the Dover/Kent County MPO - Albert W. Holmes, Jr. -
Two-Year Term to Expire July 2025
19. Public Advisory Committee of the Dover/Kent County MPO - Peter A. Brown, Jr. -Two-
Year Term to Expire July 2025
20. Dover Housing Authority - Robert F. Merritt - Six-Year Term to Expire August 2029
APPOINTMENTS/REAPPOINTMENTS -RECOMMENDED BY THE COUNCIL
PRESIDENT
21. Dover Human Relations Committee - At-Large Appointment - Donyale M. Hall - Three-
Year Term to Expire February 2026
APPOINTMENTS/REAPPOINTMENTS -RECOMMENDED BY THE COMMITTEE
CHAIRS
22. Legislative, Finance, and Administration Committee - Anne W. Smith - One-Year Term
to Expire May 2024
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ITEMS NOT ON THE CONSENT AGENDA
23. Department of Public Works Fiscal Year 2023 Sanitation Vehicle Purchases
(Staff Recommendation: Allow staff to purchase two (2) vehicles in the Department of
Public Works, #443 and #449. Additionally, due to the volatile nature of the vehicle
quotes and the lack of long-term price guarantees, allow the City Manager to execute any
overages up to 15% of provided costs.)
24. Discussion of Ordinance #2017-14
CITY MANAGER’S ANNOUNCEMENTS
MAYOR'S ANNOUNCEMENTS
COUNCIL MEMBERS’ ANNOUNCEMENTS
ADJOURNMENT
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item #2.
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on July 24, 2023, at 6:30 p.m., with Council President
Hare presiding. Council members present were Mr. Anderson, Mr. Boggerty (via Webex),
Mr. Neil, Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Mr. Sudler (via Webex), and Mr. Lewis.
Staff members present were Police Major David Spicer, Ms. Peddicord, Mr. Hugg, Mrs. Gray, Fire
Chief David Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:15 p.m., prior to the commencement of the Official Council Meeting.
Council President Hare declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Deanna Nash, 306 Chelsea Way, Dover, stated that her concern is regarding a neighbor that has
been granted a home-based contractor’s license for a landscaping business at 106 Tucket Circle.
Ms. Nash further explained that last year he started with a couple of trailers, and now there are 4-
6 trailers, along with irrigation and fertilization equipment, parked on the property. As the business
and its equipment have expanded, employees arrive throughout the day to pick up trucks, trailers,
and equipment. Ms. Nash explained that one of the trailers is a 24-foot commercial trailer that has
a carrying capacity of more than one ton. Ms. Nash stated that this is against city code Chapter 106
Section 123. She explained that on July 17, 2023, she was told by Mary Ellen Gray in an email
that Mr. Kopp would send her the definition of a commercial vehicle. Ms. Nash then asked that if
the definition is different than what is in the city code of ordinances, it be updated. She stated that
as of July 24, 2023, she has not received a response. Ms. Nash stated that with fertilization
equipment comes the storage of fertilizer, which is not being stored properly. This could result in
a fire or explosion. She asked how this is being monitored. She further stated that there have been
instances of open burning of clients’ yard waste and scraps. She stated that the fire department has
been dispatched to the house at least twice, one of the fires was so large it could be seen from
Route 8. She stated that one of the neighbors did research and found out that it was a commercial
burning by DNREC, and it is illegal. She explained that she would submit pictures to document
these issues. She further explained that the city does not accept pictures from third parties, even
with date/time stamps. It is required that a city official take the pictures. She stated that that
morning, one of the trucks and trailers was parked on the grass. She further stated that the owner
has received multiple citations regarding this issue, but he has little to no regard for city ordinances.
She asked everyone to drive down Route 8 halfway past the high school because you cannot miss
the property. It has a boat, trailers, and sheds and looks like a garbage dump. The business is
landscaping, and it is being run in a residential area where children and families reside, not a
commercial property better suited for this type of business which brings concern to her and her
neighbors.
Jackie George, 301 Chelsea Way, Dover, voiced concerns over the home-based contractor’s
license for a landscaping business at 106 Tucket Circle, Dover. She provided a copy of her written
remarks (Exhibit #1).
Dr. Valarie Boyer, 3 Somerset Circle, Dover, was unable to attend the open forum, so she sent her
correspondence regarding 106 Tucket Circle with a neighbor that attended the meeting (Exhibit
#2).
Francis A. Bethel, III, 207 Ann Avenue, Dover, stated that he has a concern about the northbound
light at Lepore Drive. He explained that at that corner, there is Tommy’s Car Wash on one side Page 5
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Item #2.
and the 7-Eleven on the other side. He stated that the lights need to be flashing red because there
is not enough traffic to warrant a solid red light. He explained that there have been many times
that he has attempted to turn off Dupont Highway, and he has had to wait until the light turns green
when there is not any traffic. He was hoping that they could change the lights to flashing red
because there is plenty of time for people to make a left turn if it were a flashing light.
INVOCATION
The invocation was given by Elder Ellis Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilwoman Pillsbury.
ADOPTION OF AGENDA
Mr. Neil moved for th e adoption of the agenda, seconded by D r. Pillsbury, and
unanimously carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by
a single roll call vote of the Council. There will be no separate discussion of these items unless a
member of Council so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Lewis, and carried by
a unanimous roll call vote (Boggerty absent).
PRESENTATION - RECOGNITION OF SERVICE – ARTHUR G. ERICSON -
BOARD OF ADJUSTMENT - OCTOBER 2004 - JULY 2023
On behalf of members of Council, Mayor Christiansen presented Mr. Ericson with a Dover Cup
in recognition of his many years of service on the Board of Adjustment.
Mr. Ericson stated that he did not know how many people are familiar with the Board of
Adjustment and that someone may read in the newspapers that the Board of Adjustment makes an
error, must go to court, and the city ends up paying millions of dollars for the error. He explained
that in the time he has been on the board, that has never happened. Mr. Ericson further explained
that the board has done a very thorough job investigating each case, upholding the code while
trying to do the best for the individual before the board. He stated that Mr. Rodriguez has been a
big help to the Board of Adjustment and that the elected officials have been great. He continued
to state that he has never received a call giving him advice on the case before the Board of
Adjustment. He thanked everyone and said he enjoyed being on the Board of Adjustment.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 12, 2023
The Minutes of the Regular Council Meeting of June 12, 2023, were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lewis, and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JUNE 13, 2023
The Minutes of the Special Council Meeting of June 13, 2023, were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lewis, and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES – SPECIAL COUNCIL MEETING OF JUNE 22, 2023
The Minutes of the Special Council Meeting of June 22, 2023, were unanimously approved Page 6
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Item #2.
by motion of Mr. Neil, seconded by Mr. Lewis, and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 26, 2023
The Minutes of the Regular Council Meeting of June 26, 2023, were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lewis, and bore the written approval of
Mayor Christiansen.
BOARD OF ASSESSMENT APPEALS - JUNE 6, 2023
The Board of Assessment Appeals was brought to order at 9:00 AM by Chairman
William Garfinkel. Board Members present were Chairman William Garfinkel,
Board Members Tom Burns, Doug Doyle, and John Davis. Staff present were
Customer Service Director Patricia Marney via WEBEX, Customer Service
Supervisor Allison Haines, and Administrative Assistant Annette Hart.
Agenda Additions/Deletions
By unanimous vote, the agenda was approved as presented.
Adoption of Consent
JMSJ Best LLC
Location: 155 Greentree Dr.
Mr. Zuck told the Board that the owner of 155 Greentree Dr. stipulated to a new
value based on an appraisal provided by the property owner.
He explained that the State of Delaware is getting ready to purchase the piece of
vacant land. By unanimous vote, the consent agenda was approved as presented.
Exempt Requests
Central Delaware Habitat for Humanity
Location: Exempt Request:
101 N. West St. $15,500
39 S. New St. $16,400
29 S. Governor’s Ave. $24,000
BACKGROUND AND ANALYSIS
An exemption request for the above-referenced properties was submitted to the
Assessor’s Office.
Once these properties are complete and the ownership is transferred, the properties
will be added back to the tax roll.
RECOMMENDED ACTION: Recommend that the request for exemption be
reviewed.
Ms. Stark, Finance Director, represented Central Delaware Habitat for Humanity
and started by pointing out that the organization is a non-profit organization.
She continued by going over the current status of each property, starting with, 101
N West Street which is currently under construction and will be completed within
the next 4 months.
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Item #2.
29 S Governors is located next to 23 and 25 S Governors Ave. These three lots were
combined and then split into equal lots.
The organization is currently waiting for funding they submitted for the property
located at 39 S New Street, therefore Ms. Stark had no construction dates for this
property yet.
Mr. Zuck asked if the properties will go back onto the tax roll after they are
completed, Ms. Stark explained that the organization first finds a new family for
which the home will be built, so before construction begins, the organization knows
how many bedrooms and bathrooms are needed. Once the home is complete the new
homeowner will receive a low-interest loan from the organization and will be
responsible for all payments regarding the property.
Mr. Zuck asked if the property located at 29 S Governors Ave is a vacant lot, and
Ms. Stark told him that it is, she mentioned that if the organization purchases a
property with a building on it, they usually demolish the building within the first
few months of owning it.
Mr. Burns commended the organization for the great work they do.
Mr. Burns noted that the organization comes before the board every year and was
wondering if the properties before them were the same properties are the Board
discussed during the hearing in 2021.
Ms. Stark told the board that she was given a two-year window and to come back
if nothing has been built on the lots. She said that once the organization purchases
the lots, they try to build and sell the homes as fast as possible.
Mr. Burns asked if the organization has any maintenance requirements.
Ms. Stark replied that once the new owner takes over the property they are
responsible for everything.
Mr. Davis made a motion to approve the 3 properties for the exemption, which was
seconded by Mr. Burns.
Motion carried 4-0.
Mrs. Marney, who attended the meeting via WEBEX, asked if the exemption should
be amended to include that if the properties would not be sold within 2 years, the
organization would have to re-apply for the exemption.
Mr. Davis made a motion to amend the prior approval to include the exemption to
be approved for 2 years, if the property has not been sold the organization is to re-
apply.
Motion carried 4-0.
By consent agenda, Mr. Neil moved for approval of the Board of Assessment Appeals’
recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote
(Boggerty absent).
Capitol Baptist Church of Dover
Location: Exempt Request:
1305 New Burton Rd $139,200
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Item #2.
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
The purpose of the property is to provide temporary housing to visiting
missionaries/preachers as needed, per the pastor’s request.
Terry Moore, Paster of the church, was present for the hearing and started by telling
the board members that the property is used to house missionaries when they come
of the field.
He explained that the church will be supporting approximately 60 missionaries at
no charge, after renovations are completed.
Mr. Zuck asked if the church will be renting the home to the missionaries, Pastor
Moore told him that they will let the missionaries stay at the home free of charge.
Mr. Davis was wondering where the missionaries come from, Pastor Moore
explained that they come from all over the world but can only stay in other countries
for a certain amount of time due to visa time limits, therefore they must come back
to the States at which time the missionaries look for churches that support them and
provide a place for them to stay.
Mr. Burns asked how many people would be staying at the property, Pastor Moore
told him, that only one family at a time would be in the house.
Mr. Doyle asked if this is the first home the church offers to missionaries, Pastor
Moore told him that there is already a home like this next to the church, which is
already tax-exempt.
Chairman Garfinkel explained that if the Church does not charge any rent and the
church would not collect any rent, the property would be considered a charitable
property.
Mr. Burns made the motion to accept the exempt request which was seconded by
Mr. Davis. Motion carried 4-0.
By consent agenda, Mr. Neil moved for approval of the Board of Assessment Appeals’
recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote
(Boggerty absent).
Children and Families First DE Inc.
Location: Exempt Request:
195 Willis Rd $737,200
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
Per the application this property is used to help children face adversity and to help
families raise their children.
Ray D’Alessio, Senior Accountant, was present to represent the organization.
He told the board that the organization is a non-profit organization, and that this
property will be used for their “Head-Start Program” which includes interventions
and education.
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Item #2.
Chairman Garfinkel asked how many children would be enrolled in this program?
Mr. D’Alessio told him that it varies, could be up to 25 children.
Chairman Garfinkel asked if the children pay to be in the program, Mr. D’Alessio
told him that the program is funded by another organization.
Mr. Zuck asked if the property was rented or if Children and Families First DE Inc.
owns the property. Mr. D’Alessio explained the organization purchased the
property about a year ago.
Mr. Burns asked how many properties like this are in the State of Delaware and was
told that there are at least 4 “Head-Start” facilities right now and that they are all
exempt from paying property taxes.
Mr. Davis asked how old the students are, and what the intervention aspect initials.
Mr. D’Alessio explained that the children are as young as kindergarten age and that
some of them have been abused.
Mr. Burns made the motion to approve the exemption which was seconded by Mr.
Davis. The motion included a requirement for the company to present their form
990 to the tax office for record. The form was received via email.
Motion carried 4-0.
By consent agenda, Mr. Neil moved for approval of the Board of Assessment Appeals’
recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote
(Boggerty absent).
Elizabeth W. Murphy School Inc.
Location: Exempt Request:
20 Pennsylvania Ave $149,600
535 S. State St. $146,200
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
The nature of the business or purpose is to help children under the age of 18 who are
in need of an alternative community-based environment.
Mr. Kopp, Executive Director, was present for the hearing.
Chairman Garfinkel suggested to discuss the two properties at the same time unless
Mr, Kopp wanted to discuss them separately, Mr. Kopp agreed.
Mr. Kopp told the Board that the Elizabeth W Murphy School is a non-profit
organization is exempt from paying property taxes, which is why he filed for tax
exemption for the two properties, which had just been purchased.
He explained that foster children that the reach the age of 18, can no longer stay at
the school, therefore Mr. Kopp purchased these homes, so these children now have
a place to stay. Since these houses are located close to the school, teachers and staff
can periodically check in on the students. Page 10
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Item #2.
These students are taught to become independent, they learn how to drive and take
care of a car, etc.
With these houses located so close to downtown Dover, the students can walk to
stores and jobs.
Mr. Doyle asked if the school was able to help the children who turned 18 before
the purchase of these houses?
Mr. Kopp said that, since foster children who turned 18 years of age could no longer
stay at the school unless they were not finished with high school, at which time they
could stay until the age of 19, Mr. Kopp started writing grants in 1987, so he could
get funding from the State to place foster children who can no longer stay at the
school or in foster homes in homes where they could be taught life skills.
Mr. Kopp mentioned earlier in the conversation that he was told by the settlement
attorney that no “Change of Use” for the property was necessary, which was a
concern for Chairman Garfinkel, he thought since the homes went from a single-
family home to a constitution, there should be a “Change of Use” for the properties.
He asked Mr. Kopp if the Planning and Zoning office had been contacted to inquire
about the number of occupants.
Mr. Burns believes that 4 unrelated occupants per home was accepted but
questioned that 6 occupants per home, that Mr. Kopp had mentioned earlier, was
too much. Mr. Burns was concerned that the zoning for the properties was no longer
correct.
Mr. Davis also felt that it would be best for the organization to inquire about the
zoning for the properties. He is not questioning the work the school does for the
children or the exempt request but would like for Mr. Kopp to talk to Planning and
Zoning.
Chairman Garfinkel did not want to hold up the exempt request but wanted to make
sure the school inquiries about the zoning for the properties, therefore made the
motion to give the school a conditional exemption for one year, allowing the school
enough time to meet with someone from the Planning and Zoning office and have
a letter drawn up for the Board regarding zoning for the properties.
Mr. Davis seconded the motion.
Motion carried 4-0.
By consent agenda, Mr. Neil moved for approval of the Board of Assessment Appeals’
recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote
(Boggerty absent).
Senior Citizen/Disabled Citizen Reduction Appeal
Suzanne Cerro
Location:
27 Fieldstone Ct.
BACKGROUND AND ANALYSIS
Nicole Cerro, the owner of record for the property located at 27 Fieldstone Court Page 11
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Item #2.
Dover DE, contacted the City of Dover Tax Office to find out if her mother
Suzanne, who has been living at 27 Fieldstone Court Dover, DE, would qualify for
the Senior Citizen Tax Reduction.
Since Suzanne Cerro is not the owner of record, Nicole Cerro was told that her
mother would not qualify for the reduction because the City of Dover code states
the “Title to the property for which the exemption is sought must be in the name of
the applicant”.
Exempt Request:
The assessed value of $130,000 to be reduced by $50,000.
Ms. Suzann Cerro was present for the hearing and started by explaining that she has
been living at the property and paying the taxes since 2008.
She feels that because she is a Senior Citizen she should qualify for the discount,
even though she is not listed as the owner.
Ms. Cerro explained that she is not listed as the owner because there is a judgment
against her, due to a divorce, which keeps her from owning the property but that
her daughter Nicole purchased the property 20 years ago.
Ms. Cerro believes that because she has been paying taxes and utilities, she should
be able to qualify for the reduction.
Mr. Davis asked if the judgment was a financial judgment, at which time Ms. Cerro
explained the circumstances that led to the judgment.
Ms. Cerro told the board that back then, she had no money to fight the judgment and
has since not been able to fight it.
Chairman Garfinkel pointed out that the city ordinance states that the person seeking
the reduction must be listed as the owner and live at the property.
Mr. Cerro insisted that she is not a renter but lives at the property and pays the
mortgage and would like for the board to make an exception.
Chairman Garfinkel explained that the Board is not in a position to go against the
city code.
Ms. Cerro asked that if the Board was not able to make a one-time exception and
the grand reduction, who would?
The Board members suggested for her to speak to her council representative. Mr.
Burns told Mr. Cerro that the Board has no authority to go against city code.
Mr. Burns then made the motion to deny the Senior Citizen Tax Reduction request,
because the owner is under 65 years of age and does not reside at the property.
Ms. Cerro interrupted Mr. Burns during the motion to say that she felt that the board
needs to have a heart and make an exception. Mr. Burns redirected the applicant
and continued to present the motion.
Mr. Doyle seconded the motion. Page 12
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 9
Item #2.
Motion carried 4-0.
By consent agenda, Mr. Neil moved for approval of the Board of Assessment Appeals’
recommendation, seconded by Mr. Lewis, and carried by a unanimous roll call vote
(Boggerty absent).
Ms. Cerro was concerned that her opportunity to contest the decision for this coming
tax year was over.
Mrs. Marney, who joined the hearing via WEBEX, told Ms. Cerro that she has the
option to send a petition to City Council and would be heard sometime within the
next few weeks, she also suggested that Ms. Cerro to inquire about a quitclaim
deed, which would transfer ownership from her daughter to her without
endangering the debt instrument. Ms. Cerro noted that this would cause an eviction.
Mrs. Marney advised Ms. Cerro to seek legal consult on the matter.
A Public Hearing has been scheduled for the August 14, 2023 Regular City Council meeting to
consider the appeal of the denial of the request for the Senior Citizen Tax Reduction.
Ms. Cerro stated that she is on disability and does not have the funds to seek an
attorney. She asked if the information could be sent to her for appeal via email.
Mrs. Marney stated that she would send her the information through email.
Ms. Cerro continued to disagree with the board regarding their decision.
The board thanked Ms. Cerro for her application.
The meeting was adjourned at 10:55 A.M
COUNCIL COMMITTEE OF THE WHOLE-JUNE 13, 2023
The Council Committee of the Whole met on June 13, 2023, at 6:00 p.m. with
Council President Hare presiding. Members of Council present were Mr. Anderson,
Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr.
Sudler. Mayor Christiansen was also present. Civilian members present for their
Committee meetings were Mr. Tholstrup and Mr. Lewis (Parks, Recreation, and
Community Enhancement, Mr. Iriowen and Mr. Pugh (Utility), and Mr. Shevock
and Mr. Contant (via WebEx) (Legislative, Finance, and Administration).
ADOPTION OF AGENDA
Mr. Hare requested to move item one on the Legislative, Finance, and
Administration Committee, the Homeland Security Grant Program to the first item
on the Council Committee of the Whole agenda.
Mr. Neil moved for adoption of the agenda as amended, seconded by Mr.
Anderson, and unanimously carried.
Homeland Security Grant Program (HSGP) Approval for the Water System
and Well Sites Security Project (Kay Sass, Public Affairs and Emergency
Management Coordinator)
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 10
Item #2.
Ms. Kay Sass, Public Affairs and Emergency Management Coordinator reviewed
the background and analysis regarding the Homeland Security Grant Program
(HSGP) Approval for the Water System and Well Sites Security Project.
Staff recommended authorizing the City Manager to accept the reimbursement
grant for all costs associated with the purchase and installation of the video
surveillance and fencing and authorizing the sole source designation for Advantech.
Mr. Hare moved to recommend approval as recommended by staff. The
motion was seconded by Mr. Neil and unanimously carried.
By consent agenda, Mr. Neil moved for approval as recommended by staff, seconded by Mr.
Lewis, and carried by a unanimous roll call vote (Boggerty absent).
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairwoman Arndt presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
Consideration of a Public Space Naming Policy (Tricia K. Arndt, Chair of
Parks, Recreation, and Community Enhancement Committee)
Ms. Tricia K. Arndt, Chair of the Parks, Recreation, and Community Enhancement
Committee reviewed the background regarding the Consideration of a Public Space
Naming Policy.
Mr. Boggerty stated that a set of criteria for the naming of parks does need to be
established. Speaking from experience, Mr. Boggerty stated there are only so many
parks, there are so many great constituents, and there has to be a way to save a park
for them. Mr. Boggerty stated that there is a rest stop up north with a memorial
walk. Mr. Boggerty stated maybe the city can establish a memorial walk if the
criteria are met, a brick can be purchased through Parks and Recreation, and
families can honor their loved ones for as long as they want.
Responding to Mr. Lewis, Ms. Arndt stated she looked briefly into state policy and
was not able to find much. Ms. Arndt stated she thought about how bridges are
named as this is what she is familiar with, but she did not get a clear sense of their
policy.
Responding to Mr. Lewis, Mayor Christiansen stated that park names have been
generic except for Schutte Park and Williams Park in Town Point. Mayor
Christiansen stated there have not been a lot of requests and the reason those parks
were named is that it was a part of the sales agreement that Mayor Christiansen and
Councilman VanSant consummated, the city saved $500,000 by naming the park
after the Schutte family, and Williams Park is believed to be named after Senator
Williams. Mayor Christiansen stated that this is an important issue because there
have been many great folks who have served the city and who will serve the city in
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 11
Item #2.
the future and there needs to be an alternative way rather than naming an entire
park.
Mr. Neil stated he liked the idea simply because it sets forth certain standards. Mr.
Neil recommended the creation of an Ad Hoc committee to come back with specific
recommendations. Mr. Neil stated that Ms. Arndt has provided several examples
and just by looking at them they may be able to make a presentation for
consideration by the group. Mr. Neil stated there are different ideas from each
example that they may be able to agree on.
Mr. Sudler stated that when considering new candidates and names some of the
established individuals from history should also be considered. Mr. Sudler stated
that he would like council to evaluate whether the park is named after someone
significant and what role they played in the community at that time. Then it should
be decided if that name should be kept or renamed.
Ms. Arndt stated that in the research she found there was a sunset provision where
park names or place names are revisited after 25 years for rededication, and it would
be a community process at that time. Ms. Arndt stated she was not moving towards
renaming parks that have already been named. Ms. Arndt mentioned some of the
ordinances and resolutions had a standard application where the applicant is
required to state how the name reflects the community, or how the person was a
benefit to the community and why they deserve that recommendation.
Mr. Anderson stated that a formal Ad Hoc committee should be created so as to not
violate any FOIA laws in regard to open meeting laws and quorums.
Mr. Neil moved that an Ad Hoc committee be formed and advertised through
the city website, the city newsletter, and the newspapers for those who would
like to join such an ad hoc committee at a time and place to be announced. The
motion was seconded by Mr. Lewis and unanimously carried.
By consent agenda, Mr. Neil moved that an Ad Hoc committee be formed and advertised
through the city website, the city newsletter, and the newspapers for those who would like to
join such an ad hoc committee at a time and place to be announced, seconded by Mr. Lewis,
and carried by a unanimous roll call vote (Boggerty absent).
Mayor and Council Reports
Council President
Mr. Hare reported that he is all signed up for the Peach Pie eating contest.
First District
Dr. Pillsbury reported that she had one request from a gentleman in regard to an
abandoned car but that the person learned they were looking at it and moved the
vehicle. Dr. Pillsbury also reported that there were concerns with their alleyway,
which is under the city and the appropriate people are looking into having it
repaved.
Mr. Rocha reported that he is helping a renter at Dover Country Club, where the
owner owns the gas utility account and divides it up amongst the renters. Mr. Rocha
stated that he is looking into the lease agreement and investigating if meters can be
added so that each apartment can have its own account. Mr. Rocha also reported Page 15
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 12
Item #2.
that he is working on an issue where a neighbor of his is running a pipe into the
stormwater drain. Code Enforcement came out and is helping to assist with that.
Second District
Mr. Lewis reported that he has been dealing with a lot of issues in Stoney Creek
development. Some of the issues there are abandoned cars, debris, and trash. Mr.
Lewis also stated that one of the major issues is an access road that runs behind
Stoney Creek, there are trash, debris, and lots of dead trees, which are a serious
safety issue. Mr. Lewis stated that Clearview Meadow is going to address the trees
because they are on their property. Mr. Lewis also stated that Code Enforcement
has been doing a phenomenal job and has written multiple citations against the
people causing the infractions.
Mr. Hare reported that he followed a trash truck behind Stoney Creek, and there
were tons of trash being put out, which is a violation of what is allowed to be put
out for pickup. Mr. Hare stated that he had stopped to talk to the guys from Public
Works, and they do not just want to leave the trash there. Mr. Hare stated that this
may be something that Code Enforcement can talk to them about because they
know where the worst places are.
Third District
Mr. Neil reported that he and Ms. Arndt attended the outdoor event held at
Townsend Boulevard. The event was hosted by Towne Point, White Oak
Homeowners Association, and the Police Department. Mr. Neil reported that he and
the Mayor visited a well-known delicatessen in Rehoboth to invite them to establish
within the city. Mr. Neil also noted that he attended the Library Foundation meeting,
the Towne Point HOA meeting, the Downtown Dover Partnership meeting, the
Dover High School Capital School District Awards, the Safeway Grand Reopening,
and the Dover Park Groundbreaking. Mr. Neil reported that he assisted a constituent
resolve an issue where he had purchased his mother a home, and paid all her bills,
including rent and after she passed away the company claimed she had never paid
her rent. Mr. Neil was able to assist the gentleman with contacting a lawyer to assist
in the fight for his mother’s property.
Fourth District
Mr. Anderson reported that the Woodcrest neighbors are looking to form a
neighborhood watch again, and he referred them to the police to start organizing
that. Mr. Anderson stated that there have been constituent utility service issues that
staff has been working with to establish payment plans. Mr. Anderson stated that
he has heard some concerns from people who have properties who are not paying
in escrow on property taxes and there has been talk about applying the Clean Hands
ordinance even though there may be an arrangement. Mr. Anderson stated that there
needs to be some clarity established as that was not the intent of the Clean Hands
ordinance.
Mr. Sudler reported that on May 26, 2023, he was approached by a resident who is
very concerned with the liquor store on Bradford Street. She feels that the liquor
store is a magnet for what she perceives as undesirable activity, and behavior from
individuals who hang around the liquor store, and asked what she could do to
become involved. Mr. Sudler recommended that she join the Dover Human
Relations Commission. Mr. Sudler forwarded her information to Mr. Boggerty and
Mr. Hare as well. Mr. Sudler reported that on June 10, 2023, he spoke with Mr. Page 16
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 13
Item #2.
Kenny Bell, a resident of Nottingham Development who inquired about the final
paving plan process. Mr. Sudler stated that he would inquire about that information
and forward that to his council representatives. Mr. Sudler reported that on June 13,
2023, a Woodcrest resident inquired about the Interfaith Housing Program on
Walker Road. The resident is concerned with the number of programs at that site
and whether that location is zoned to support them having one, two, or three-tier
sex offenders on-site. The resident also asked why the square footage restriction
went from 1,400 square feet to 400 square feet. Mr. Sudler stated that he would get
back to them.
At-Large
Mr. Boggerty reported that on July 13, 2023, First District Councilman Rocha, and
Dr. Pillsbury will be hosting a town hall at Maple Dale Country Club from 6:30
p.m. until 8:30 p.m. Mr. Boggerty reported that on June 23, 2023, council will be
hosting a day of ice cream at The Scoop on Loockerman from 5:00 p.m. until 7:00
p.m. Mr. Boggerty reported that he attended the Village of Westover HOA meeting
that was held at City Hall and they are working on answering constituent concerns
in that area. Mr. Boggerty reminded everyone that on August 12, 2023, he will be
hosting his second Unity Day at Williams Park. Mr. Boggerty reported that he met
with a constituent regarding a dog, and he reached out to Code Enforcement to
address the issue.
Mayor Christiansen
Mayor Christiansen reported that he will provide a written report. Mayor
Christiansen reported that he met with Economic Development, the Chief of Police,
and his staff, met with numerous constituents regarding their concerns, and attended
the meetings for the boards that he is appointed to.
Ms. Arndt moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting, hearing no objection the meeting
adjourned at 6:43 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Neil and
unanimously carried.
Presentation – Electric Rate Study (Scott Burnham, Partner and Business
Development Lead, NewGen Strategies and Solutions)
Mr. Scott Burnham, Partner, and Business Development Lead, NewGen Strategies
and Solutions, reviewed the presentation titled Cost of Service Study.
Committee action was not required.
Responding to Mr. Rocha, Mr. Burnham stated that the green energy charge is a
state-mandated charge. It is almost like a tax for green energy funding by the state
for renewable resources.
Responding to Ms. Arndt, Mr. Burnham stated that the primary and transmission
are the voltage where customers are taking service. The distribution system is made Page 17
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 14
Item #2.
up of primary and secondary lines. There is the high voltage at transmission, the
345 lines on the big transmission towers, this steps down to a primary voltage and
then steps down again to a secondary voltage. A secondary voltage is what most
people take but some people that have higher power needs might require a primary.
If this is the case, they have no cost responsibility for the secondary system. Mr.
Burnham stated that when doing a cost-of-service study there needs to be a
differentiation so that they are not assigned costs that they are not responsible for.
Responding to Mr. Sudler, Mr. Burnham stated that they have taken the projected
costs as they were estimated by both TEA as well as by staff, looked over a five-
year basis, and then took the average of that. Mr. Burnham stated that it is
incumbent upon the utility to say these estimates were made of what the costs will
be and that the power market from where you buy power could drop or it could also
go up. Mr. Burnham stated that there may be a need to go back and revise the rates
or to use the power purchase adjustment mechanism to recover those costs or to
refund money back to customers.
Responding to Mr. Sudler, Mr. Burnham stated that they have not done that
analysis, but he believes it would have a significant impact on the financial
condition. Historically the power supply costs were roughly $40 million, then they
jumped up to $80 million. After the three-cent adder, they have come back down
but they have not come down to $40 million, they are sitting at about $60 million.
Mr. Burnham stated that there would be a concern that the city would end up short,
and there is not a lot of room in the reserves for that kind of cost.
Responding to Mr. Sudler, Mr. Burnham stated that he is asking about seasonality
in terms of rates, and seasonal rates are seen on a regular basis. The city gets power
from the PJM market, and there is a difference between summer and winter costs.
Mr. Burnham stated that they could analyze the costs and see a potential for
seasonal rates.
Responding to Mr. Boggerty, Mr. Burnham stated that it is taking the one-month
customer charge of $9.42, the average customer usage, 892 kilowatt-hours, times
1481, plus 892 times the green energy charge to come up with the total bill. In the
subsequent change or phase, one is taking the same billing determinants that the
kilowatt-hours and the customer times the rates proposed.
Responding to Mr. Boggerty, Mr. Burnham stated that for June it would be an
increase, relative to the average bill, however, it would be a decrease.
Responding to Mr. Boggerty, Mr. Waddell stated that the DEMEC and TEA would
perform close to the same functions. TEA, The Energy Authority, provides a greater
scope and scale of services than the DEMEC. There could be fluctuations in power
costs but there is no way to know. Mr. Waddell stated that it is all coming from the
seller of said energy and what the cost of natural gas is.
Responding to Mr. Neil, Mr. Waddell stated that before implementing the three-set
PCA or PPA, the city was number one across the board, with the lowest total bill
utility among all the municipalities including Co-op and Delmarva, with the
exception being either large commercial or primary class. With the implementation
of the proposed rates, the city would go from one to fifth on a majority of those, the
lag would be found in large commercial or primary. Mr. Waddell stated that when Page 18
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 15
Item #2.
looking at the disparity between the lowest and the highest it is roughly $2 in a
residential bill. The city would not be the lowest, but it would not be the highest.
Responding to Mr. Lewis, Mr. Waddell stated that the plan is to keep the rate fixed
starting July 1, 2023, and then stay the course through July 25’. Mr. Waddell stated
that the last rate study and adjustments were made in 2018. They are still operating
off 2018 projections and calculations, so a lot of things have changed, and this is
due.
Responding to Mr. Anderson, Mr. Burnham stated that they did look at all the
reserve accounts and discussed with Ms. Peddicord the possibility of removing
some of those funds and using funds to reduce the revenue requirement and
allocating that to the different customer classes. Mr. Burnham stated that to the
extent that they could they did, they pulled some money out of the rate stabilization
fund. The other funds, however, did not have excess funds in them, so they were
meeting policy limits.
Mr. Rocha stated that he brought his electric bill and his charge for this month was
$150.64, when calculated with the new rate, it will jump to $177.56, a difference
of $26.92.
Responding to Mr. Pugh, Mr. Waddell stated that it is mandatory that 0.000178 for
every kilowatt sold, there are some municipalities that charge double. However,
state law dictates that the minimum is charged, and that is what the city charges.
Responding to Ms. Marney, Mr. Waddell stated that Ms. Marney is referring to the
calculations for the budget, which is based on revenue from July 1, 2023, to June
30, 2024. So, if there is a delay in the implementation of all the rates, there will be
a loss of one month’s projected revenue increase. All the funds will be one month
behind, with one-twelfth of what they were projected to have.
Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing
no objection the meeting adjourned at 8:00 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
Dover Code of Ordinances – Citation Discussion (Mary Ellen Gray, Planning
and Community Development Director)
Ms. Mary Ellen Gray, Planning and Community Development Director reviewed
the background and analysis regarding the Dover Code of Ordinances – Citation
Discussion.
Staff recommended approval of the four bulleted recommendations included in the
memo from Mary Ellen Gray.
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 16
Item #2.
Responding to Dr. Pillsbury, Ms. Gray stated that there is no military provision in
the policy.
Responding to Dr. Pillsbury, Mr. Rocha stated that from his experience, if the
individual was living on base and went TDY, they would be responsible for their
grass, so it should not be any different when they live out in the community.
Responding to Ms. Arndt, Ms. Gray stated that yes, the proposal is that a notice
would be placed on the door, and they would have 48 hours to mow their grass.
Responding to Mr. Lewis, Mr. Kopp stated that with the legal aspects of code
administration, they can enter the property to post a notice, which could be hanging
a door hanger, however, they cannot enter a property for any reason to obtain a
violation or evidence of a violation, that is considered trespassing. Mr. Kopp stated
they take pictures using a landmark like the bricks on the side of the house, or a
mailbox post. Mr. Kopp stated when someone calls about a notice he asks, “Can I
come to your house with a meter stick and measure that landmark, and will it be
under eight inches?”. Mr. Kopp also stated that the weather cannot be a valid
excuse, it is not fair when 98 of the neighbors out of 100 maintain their grass. Mr.
Kopp also stated that they try to talk to people as much as possible.
Responding to Mr. Neil, Mr. Kopp stated that if someone calls regarding a grass
citation, they will go out and measure the grass and if it is under eight inches, it is
not necessarily an appeal, but a void of the case because the violation did not exist.
The case will be voided because the violation was issued in error and that will be
annotated in the case file. Mr. Kopp stated that if a month later there is a grass
violation on that property, they do not get charged with a second offense. Mr. Kopp
stated that they would get a citation, but it would be their first citation not their
second. In addition, Mr. Kopp stated that the door hanger has their phone number.
Mr. Kopp stated that the constituents can call and request an extension, the only
time an extension is denied is when an extension is requested every month to get
out of fixing the problem.
Responding to Mr. Rocha, Mr. Kopp stated that they already removed from the
violation letter the part where it says you can appeal a grass citation.
Mr. Hare moved to accept the staff recommendation.
Mr. Lewis requested that the addition of what was suggested by the council
members be considered.
Mr. Hare moved to recommend approval as recommended by staff with the
addition of the suggestions made by the council members. The motion was
seconded by Ms. Arndt and unanimously carried.
By consent agenda, Mr. Neil moved for approval as recommended by staff with the addition
of the suggestions made by the council members, seconded by Mr. Lewis, and carried by a
unanimous roll call vote (Boggerty absent).
Safe Streets and Roads for All (SS4A) Grant Municipal Collaborative
Initiative with the Dover/Kent County Metropolitan Planning Organization
(Sharon Duca, Assistant City Manager) Page 20
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 17
Item #2.
Ms. Sharon Duca, Assistant City Manager reviewed the background and analysis
regarding the Safe Streets and Roads for All (SS4A) Grant Municipal Collaborative
Initiative with the Dover/Kent County Metropolitan Planning Organization.
Staff recommended that City Council make a leadership commitment to participate
with the Dover/Kent County MPO, and other municipalities, in the application to
the SS4A program to prepare a regional Comprehensive Safety Action Plan.
Responding to Ms. Arndt, Ms. Duca stated that the $30,000 that was referenced was
a possibility for what would have to be paid towards the comprehensive planning
grant with DelDOT coming forward to pay for that, the city has no financial
responsibility for the action plan phase. Ms. Duca stated that if the action plan
comes up with projects that the city would like to pursue, the city could move
forward with a grant in a subsequent year, then the city would need to come up with
twenty percent of what that anticipated cost would be.
Mr. Hare moved to recommend approval as recommended by staff. The
motion was seconded by Mr. Neil and unanimously carried.
By consent agenda, Mr. Neil moved for approval as recommended by staff, seconded by Mr.
Lewis, and carried by a unanimous roll call vote (Boggerty absent).
Mr. Anderson moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 8:40 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole
meeting, hearing no objection the meeting adjourned at 8:41 p.m.
MONTHLY REPORTS – May 2023
By motion of Mr. Neil, seconded by Mr. Lewis, the following monthly reports were
accepted by consent agenda (Boggerty absent):
City Assessor's Report
City Council’s Community Enhancement Fund Report
City Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report
Fire Chief's Report
Police Chief's Report
QUARTERLY REPORTS
Members were provided the Quarterly Revenue Report as of June 30, 2023, and Capital
Review – Capital Investment Plan (CIP) (April, May, June 2023)
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Revenue Report
as of June 30, 2023, and Capital Review CIP Report. The motion was seconded by
Mr. Lewis and carried by a unanimous roll call vote (Boggerty absent).
APPOINTMENT / REAPPOINTMENT RECOMMENDED BY MAYOR
CHRISTIANSEN – HISTORIC DISTRICT COMMISSION – THREE-YEAR TERM TO
EXPIRE JULY 2026 Page 21
Página 22
CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 18
Item #2.
Mayor Christiansen recommended the following appointments/reappointments to the Historic
District Commission for a three-year term to expire July 2026.
Ellen H. Richardson
Mary T. Mason
Ann B. Horsey
By consent agenda, Mr. Neil moved for approval of the following appointments, seconded
by Mr. Lewis, and carried by unanimous roll call vote.
APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - PUBLIC
ADVISORY COMMISSION OF THE MPO – DANA T. SHELTON - TWO-YEAR TERM
TO EXPIRE JULY 1, 2025
Mayor Christiansen recommended the appointment of Mr. Dana T. Shelton to serve on the
Public Advisory Commission of the MPO for a two-year term to expire July 1, 2025.
By Consent Agenda, Mr. Neil moved for approval of the appointment of Mr. Shelton as
recommended by Mayor Christiansen. The motion was seconded by Mr. Lewis and
unanimously carried (Boggerty absent).
APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN – ETHICS
COMMISSION – DR. ERIKA D. CRAWFORD - FIVE-YEAR TERM TO EXPIRE JULY
31, 2028
Mayor Christiansen recommended the appointment of Dr. Erika D. Crawford to serve on the
Ethics Commission for a five-year term to expire July 31, 2028.
By consent agenda, Mr. Neil moved for approval of the appointment of Mr. Shelton as
recommended by Mayor Christiansen. The motion was seconded by Mr. Lewis and
unanimously carried (Boggerty absent).
RESOLUTION NO. 2023-10 – TEFRA APPROVAL 2023 NFA CAPITAL PROJECTS
(Westminster Village 112573092)
By consent agenda, Mr. Neil moved for the adoption of Resolution No. 2023-10. The motion
was seconded by Mr. Lewis, and by a unanimous roll call vote, Council adopted the following
Resolution:
WHEREAS, Presbyterian Senior Living (the “Corporation”), a Corporation-Not-for-Profit
organized and existing under Pennsylvania laws and operating non-profit health center and
retirement community facilities serving the public in this City has determined to finance a project of
the Corporation consisting of various capital expenditures and improvements including renovations,
restorations, expansions, upgrades, alterations, repairs, capital equipment and furnishing acquisitions
and construction of general capital improvements to its facilities, including Westminster Village
Dover located in this City (the “Project”); and
WHEREAS, the Corporation desires to finance the Project by incurring debt to be evidenced by one
or more series of bonds or notes (the “Obligations”) to be issued by a governmental body for the
benefit of the Corporation (the “Issuer”) in an aggregate principal amount not to exceed $30,725,000,
with up to $3,200,000 being expended in this City for the Project; and
WHEREAS, the Issuer and the Corporation intend that the interest on the Obligations will be
qualified for exemption from federal income taxation under provisions of Section 103 of the United
States Internal Revenue Code of 1954, as amended (the “1954 Code”), including amendments made Page 22
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 19
Item #2.
by the Internal Revenue Code of 1986 (the “1986 Code”), the 1954 Code and the 1986 Code being
referred to herein as the “Code” (such obligations are referred to herein as “tax-exempt obligations”);
and
WHEREAS, Section 147(f) of the Code requires that the governmental unit having jurisdiction over
the area in which a project to be financed with tax-exempt obligations is located give its approval
for the project to have the benefit of the use of tax-exempt obligations after a public hearing on the
matter.
NOW THEREFORE, be it resolved by the Mayor and Council of the City of Dover, Delaware,
as follows:
1. The advertisement and holding of a public hearing on behalf of the City regarding
the Project and the issuance of the Obligations as tax-exempt obligations, as required by Section
147(f) of the Code, is hereby authorized, approved, and ratified.
2. The Council of this City hereby authorizes and directs the Mayor and Council
President, upon receipt of a synopsis of the public hearing, to execute and deliver on behalf of the
Council of this City a Certificate of Approval with respect to the Obligations, such Certificate of
Approval to be substantially in the form attached hereto as Exhibit A, with appropriate insertions.
3. The approval granted hereby shall not, in any way, pledge or obligate the credit or
taxing power of this City, nor shall this City be liable for the payment of the principal of, or interest
on, any obligations issued as conduit financing through the Issuer for the Project, including the
Obligations.
4. Nothing in this Resolution is intended to be, nor shall it be construed as, an approval
of the Project or the Obligations by this City for any purpose other than the public approval
requirement of Section 147(f) of the Code.
5. All prior actions of this City taken in conformity with the intent and purposes of this
Resolution are ratified, confirmed, and approved.
6. All prior resolutions or parts of resolutions, insofar as such shall be inconsistent
herewith, shall be and the same expressly are repealed.
DULY ADOPTED this 24th day of July 2023, by the Mayor and Council of the City of Dover,
Delaware.
ADOPTED: July 24, 2023
CITY MANAGER'S ANNOUNCEMENT
City Manager Hugg introduced Chelsia Ivee Douglas, a Whittington Doctoral Fellow with the
Biden Institute and the Community Engagement Summer Scholar with the City of Dover.
MAYOR'S ANNOUNCEMENTS
Mayor Christiansen did not have any announcements.
COUNCIL MEMBER'S ANNOUNCEMENTS
Mr. Lewis announced that the new Safety, Advisory, and Transportation Committee Member, Ms.
Vonderlear Smack, is a sponsor of the ME Festival, which will take place Saturday, August 12,
2023, from 11 a.m. until 6 p.m. on Legislative Mall.
Page 23
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CITY COUNCIL MEETING OF JULY 24, 2023 PAGE 20
Item #2.
Council President Hare reminded everyone of the DMSO Annual Fundraiser and Auction that is
being held at the Dover Elks Lodge #1903 on Saturday, August 19, 2023, from 6 p.m. until 9:00
p.m. Mr. Hare also reminded everyone that the August 28, 2023, Regular Council Meeting and the
August 29, 2023, Council Committee of the Whole meetings are canceled.
Mr. Hare moved for adjournment of the Regular Council meeting, hearing no objection, the
meeting adjourned at 6:46 p.m.
The meeting was adjourned at 6:46 p.m.
ANDRIA BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of July 24, 2023, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
Exhibits
Exhibit #1 – Letter from Jackie George
Exhibit #2 – Letter from Dr. Valarie Boyer
Exhibit A – Certificate of Approval-Resolution No. 2023-10
Page 24
Página 25
EXHIBIT #1
Regular Council Meeting of July 24, 2023
Item #2.
Thank you for the opportunity to come before you and express
my concerns regarding a property in my development.
Malcolm DuBois is the owner of 106 Tucket Circle in a small ca-
cul-de-sac in Cranberry Run. On May 4, 2022, Malcolm posted
on Facebook pictures of a 24'x8' trailer with his landscaping
logo on 3 sides with the statement "hit me up for all your
landscaping needs". Since that date, the trailer has been parked
either in his back yard or on the street attached to one of his 3
pickup trucks. This trailer can carry at least 3 tons and is driven
off the property almost every day because it contains mowers,
blowers, and other landscaping equipment. He is being paid for
these services. This clearly meets the City's definition of a
commercial vehicle. This was confirmed in correspondence I
received from Mr. Kopp stating that vehicles with a carrying
capacity of 1 ton are prohibited from most residential lones.
On March 14th Mr. Dubois was issued a Violation notice to
remove the "commercial Vehicle" from his property, so
obviously at some time the City agreed that it is a "commercial
vehicle". The trailer remained on the property, and then the
logos began to be covered by black tarps. So, can someone
please tell us, when, where, and how was the City's definition
of a "commercial vehicle" changed?
It has also been rumored (and advertised on Facebook) that his
intent is to fence in his back yard and operate an exotic car
rental business (Dubois Exotics LLCfile number 6597517).
Within the past couple months, he has acquired a Tesla, Jaguar
and today a Honda was delivered. So as of today, there are 2
cars in his driveway, and 2 cars and a pick-up truck parked on
the street. The other 2 trucks get parked in the back yard on the
grass.
Page 25
Página 26
Item #2.
As part of his landscaping business, Mr. DuBois brings branches
and other yard waste back to his property and "open burns" it
in his back yard. The fire trucks and fire police have been out
several times. According to DNREC,this is "commercial
burning" and is permitted.
Mr. Dubois is a nice guy, a hard worker, and seems to be a good
father, but this kind of business does not belong in a residential
neighborhood. He has men that work for him that drive their
vehicles to the house, park on the street, and drive off in
Malcolm's trucks and trailers. This is creating unnecessary noise
and traffic throughout the day.
Many of us in the development have tried to talk to Malcolm,
but our complaints fall on deaf ears. He says he is a father
trying to make a living to support his son. He was voted onto
the HOA Board and then voted off because he doesn't believe
in rules and wants the Deed Restrictions changed. We recently
sent out a survey to find out if people want changes and his
survey came back that he wants things changed to what the city
allows. Well, no wonderll They aren't enforcing their own
Codes.
People that drive on Route 8 have asked who the junk yard
belongs to. We ask that you take a drive for yourself past, or
behind the property and ask yourself "would I want to be his
neighbor"?
What has to happen before the City Codes are enforced??
THANK YOUI
Page 26
Página 27
EXHIBIT #2
Regular Council Meeting of July
Item24,
#2. 2023
Dr. Valarie Boyer
3 Somerset Circle, Dover DE 19904 302-650-9622
vboyer3@icloud.com
July 24, 2023
City Council
15 Loockerman Plaza Street
Dover, Delaware 19901
Dear Council Members:
My name is Dr. Valarie Boyer, and I am the Vice President of
Cranberry Run Homeowners Association. Since I cannot appear in person
at the meeting scheduled for July 24, 2023, I have requested that a board
member read this letter and that it be kept on file with the City of Dover
City Council minutes.
I have lived in Dover and have been a homeowner in Cranberry Run
since October 22, 1999. I selected this development because I understood
that deed restrictions were adhered to and the residents would maintain
general grounds through yearly dues. Throughout the past 24 years,
Cranberry Run has remained a well-maintained, beautiful development.
Mr. Malcom Dubois appears to be operating a business from his
residence in Cranberry Run, which is prohibited in our Deed Restriction
document. Consequently, residents in the development have voiced their
dislike of excessive and unsightly vehicles that permeate the streets of
Cranberry Run.
Today, in 2023, the Homeowners Association has followed all rules
and restrictions and worked with the residents equitably. Recently a
resident of Cranberry Run requested that the deed restrictions be
changed, resulting in the Board of Directors contacting our attorney and
following the proper protocol for any suggested changes. The residents
did vote, but the result was not unanimous for the changes. Therefore at
this time, the restrictions are still in place until another vote in the future.
We are consistently in touch with our attorney regarding any legal aspects
that need to be addressed.
Page 27
Página 28
Item #2.
In conclusion, I ask that the CiW of Dover City Council continue to
allow the residents, including the Board of Cranberry Run, to operate and
control our development without any zoning changes, which individual
residents, including Mr. Dubois, may request to accommodate personal
needs and change the residential development in which they voluntarily
moved into with the deed restrictions already in place. Furthermore, the
homeowners association would like to have input on any hearings
regarding changes that the city of Dover may contemplate to
accommodate individuals, specifically business operations in Cranberry
Run.
A written response to the Cranberry Run Homeowners would be
appreciated and necessary to share with the residents of Cranberry Run.
Sincerely yours,
Dr. Valarie Boyer
Vice President Cranberry Run Association
Dr. Valarie Boyer
Cranberry Run Homeowners Vice President
Page 28
Página 29
COUNCIL RESOLUTION NO. 2023-10 EXHIBIT A PAGE Item
3 #2.
Regular Council Meeting of July 24, 2023
EXHIBIT A
(FORM OF CERTIFICATE OF APPROVAL)
CITY OF DOVER, DELAWARE
CERTIFICATE OF APPROVAL
The undersigned, being the Mayor and Council President of the City of Dover, Delaware,
does hereby approve the issuance of obligations qualified under Section 103 of the Code to provide
financing for the projects in the amount and on behalf of the Applicant as described below. This
Approval is being given after due consideration of the minutes of a public hearing on the matter held on
the date and at the time and place set forth below following reasonable public notice:
Applicant: Presbyterian Senior Living
Operator or Manager of Facility: Presbyterian Senior Living
Maximum Aggregate Face Amount of Tax-Exempt Obligation to be
Issued With Respect to the Facility: $30,725,000 (Up to $3,200,000
within this City).
Functional Description of the Type and Use of Facilities Being
Financed: Health center and retirement community facilities and
equipment.
Location of Facilities being Financed: Westminster Village Dover -
1175 McKee Road, Dover, DE 19904-2268
Time, Date, and Place of Public Hearing: 9:30 a.m.., prevailing local
time, Thursday, June 29, 2023, remotely held pursuant to Rev. Proc.
2022-20.
Notice of Public Hearing: Notice of Hearing published June 22, 2023,
in the Delaware State News, Dover, DE.
Synopsis of Hearing: A Synopsis of the Hearing is on file with the City.
This Approval is given by the City solely for the purposes of Section 147(f) of the Internal
Revenue Code of 1986, as amended. The obligations to be issued shall not constitute a debt or obligation
of the City, and the City hereby assumes no obligation whatsoever with respect to payment of the same.
This Certificate of Approval is not intended to be, nor shall it be construed as, an approval of the
obligations to be issued for the benefit of the Applicant or of the projects to be undertaken by the
Applicant for any purpose other than the public approval requirement of Section 147(f) of the Code.
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service Page 29
Página 30
COUNCIL RESOLUTION NO. 2023-10 PAGE Item
4 #2.
The foregoing approval is granted pursuant to authorization granted to the undersigned
by resolution duly adopted on July 24, 2023, by the Mayor and Council of the City of Dover.
IN WITNESS WHEREOF, the undersigned have affixed their respective signatures, on
this 24th day of July 2023.
ADOPTED: July 24, 2023
________________________________ ______________________________
ROBIN R. CHRISTIANSEN WILLIAM F. HARE
MAYOR COUNCIL PRESIDENT
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service Page 30
Página 31
Item #3.
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on July 25, 2023, at 6:00 p.m. with Council President
Hare presiding. Members of Council present were Mr. Anderson, Ms. Arndt, Mr. Neil, Dr. Pillsbury,
and Mr. Rocha. Mr. Boggerty, Mr. Lewis, and Mr. Sudler were absent. Mayor Christiansen was also
absent. Civilian members present for their Committee meetings were Mr. Contant and Mr. Shevock
(via WebEx) (Legislative, Finance, and Administration).
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried.
Proposed Resolution No. 2023-11 – Verizon Franchise Renewal (David S. Hugg III, City
Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the Verizon
Franchise Renewal.
Staff recommended approval of the resolution for the proposed Cable Franchise Agreement.
Responding to Mr. Rocha, Mr. Hugg stated that a primary stumbling block with Verizon was that
everything was negotiable except for the contract term, Verizon did not want to sign a contract for
more than five years. Mr. Hugg stated that he got the sense that this is happening across the industry
because so many homes are using streaming services rather than basic cable.
Responding to Mr. Rocha, Mr. Hugg stated that he believes Comcast is moving away from being a
basic cable provider and becoming a provider of business services.
Responding to Mr. Rocha, Mr. Hugg stated that he will take a moment to review the list of schools
and get it updated.
Responding to Mr. Anderson, Mr. Hugg stated that they provided good suggestions, and he will take
them back to Cohen Law as a revision or amendment.
Responding to Mr. Contant, Mr. Hugg stated that this agreement is just for traditional cable service.
Ms. Arndt stated that she has had a couple of constituents ask about abandoned Verizon poles that
they wanted to be removed. Ms. Arndt stated that she contacted Director Waddell, and he informed
her that Verizon does not want to take them down, they want to leave them there for future use. Ms.
Arndt stated that moving forward, as there is less need for utility poles, the city may want to think
about compelling them to remove those poles.
Page 31
Página 32
COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 25, 2023 PAGE 2
Item #3.
Mr. Neil moved to recommend accepting the Verizon Franchise Renewal, as recommended by
staff with the changes recommended by the committee. The motion was seconded by
Mr. Rocha and unanimously carried.
Proposed Resolution No. 2023-09 – Application for Drinking Water Matching Planning Grant
(Jason Lyon, Water/Wastewater Director)
Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the
Proposed Resolution No. 2023-09 – Application for Drinking Water Matching Planning Grant.
Staff recommended the adoption of the resolution as submitted so staff may complete the application
for a Water Matching Planning Grant and authorize the sole source designation for Rezatec.
Mr. Hare moved to recommend adopting and approving the resolution, as recommended by
staff. The motion was seconded by Mr. Contant and unanimously carried.
Consolidated Appropriations Act of 2023 Grant Approval for Water Quality Improvements
FY24 (Jason Lyon, Water/Wastewater Director)
Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the
Consolidated Appropriations Act of 2023 Grant Approval for Water Quality Improvements FY24.
Staff recommended allowing staff to complete the grant application for the Consolidated
Appropriations Act of 2023 to supplement payment of the capital project.
Mr. Hare moved to recommend approval of the staff’s recommendation. The motion was
seconded by Mr. Rocha and unanimously carried.
Emerging Contaminants – Small or Disadvantaged Community Grant Program Approval for
Carbon Column Replacement and PFAS Treatment Feasibility Study & Design (Jason Lyon,
Water/Wastewater Director)
Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the
Emerging Contaminants – Small or Disadvantaged Community Grant Program Approval for Carbon
Column Replacement and PFAS Treatment Feasibility Study and Design.
Staff recommended allowing staff to submit a grant application for the Column Media Replacement
and the PFAS Treatment Feasibility Study & Design.
Mr. Hare moved to recommend approval of the staff’s recommendation. The motion was
seconded by Mr. Rocha and unanimously carried.
Responding to Mr. Anderson, Mr. Lyon stated that PFAS is a contaminant and that there will be
some requirements for monitoring and removal of such in the future. Many municipalities and water
companies around the area are already dealing with the contaminants. Dover is lucky that they do
not have that issue yet, but it is coming down the pike, and the ability to have a feasibility study and
design is very important. Mr. Lyon stated that the carbon column replacement is a filtering media
that is staged at the water treatment plant. The water goes through a finishing product because it goes
out into distribution. This is not meant to change any discolored water, but it is something that has
not been replaced in a long time and needs to be done.
Page 32
Página 33
COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 25, 2023 PAGE 3
Item #3.
Dover Little League Site Improvements – Change Order to CT2322 (Jason Lyon,
Water/Wastewater Director)
Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the
Dover Little League Site Improvements – Change Order to CT2322.
Staff recommended awarding a change order to Grassbusters Landscaping Co., Inc. for the City of
Dover FY 2023B Street and Alley Program, Bid #23-0012PW, specifically for the Little League Site
Improvements, for the amount of $264,994.
Mr. Neil moved to recommend approval of the staff’s recommendation. The motion was
seconded by Mr. Rocha and unanimously carried.
Discussion of Additional Budget Proposals in Preparation for Fiscal Year 2025 (David S. Hugg
III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the
Additional Budget Proposals in Preparation for Fiscal Year 2025.
Committee Action Not Required.
Responding to Mr. Contant, Ms. Duca stated that the current proposal for the stormwater utility is
very similar to what the City of Newark uses. She explained that when looking at the residential
properties, there would be a different fee depending on the zoning classification, which would dictate
the size of the property. Commercial properties would be assessed based on their impervious area.
Calculations have been done for the properties based on the most recent impervious information from
the state, and they are trying to work through the model in terms of current expenses. For example,
in Newark, there is a guidebook to go along with it, and they could get credit if they have a
stormwater management pond on their property to help regain some of those expenses.
Responding to Mr. Contant, Ms. Duca stated that with the current new billing system in place, it
would be a general bill every quarter.
Responding to Mr. Contant, Ms. Duca stated that the credits would not negate the fee, but they would
provide benefits. There would be a process in the guidebook on how to go about doing that, so that
the property owner could meet with staff to get their credit, and that would adjust their bill going
forward.
Mr. Neil stated that the city is a not-for-profit organization, but it does not make any sense that a
code inspector is sent out to look at something and must go back multiple times to get it resolved,
and there is no additional cost. There must be a fee associated with the services that are being
provided by the staff. So, whether it is for trash collection or storm drains, there must be a way to
pay for what it costs. In addition, Mr. Neil stated council must look at the cost of licensing as well.
Mr. Neil stated that the city is not interested in making money for the sake of making money, they
are interested in covering what it is costing for the service or to be able to deliver it. Mr. Neil stated
that if there is a bump in the road with inflation or in terms of a transformer, as Mr. Contant used,
the city must be able to absorb that. Mr. Neil noted that if the city facilities are being used, then they
need to be paid for. There is a cost to clean up and to use the electricity, and there should be a charge
for providing those services. In terms of philosophy, that is a direction that the city must go
immediately to see what it is costing and how much is being charged for those or what is being
collected for the services.
Page 33
Página 34
COUNCIL COMMITTEE OF THE WHOLE MEETING JULY 25, 2023 PAGE 4
Item #3.
Responding to Mr. Contant, Mr. Hugg stated that there is a schedule of fines and penalties, but as
Mr. Neil was saying, in some cases, reinspection fees may be $50, but it costs the city more than $50
to put a code enforcement officer in a vehicle to go back out time after time. Mr. Hugg stated that it
can be a catch twenty-two because the initial fees may be adequate, but the penalties may not, and
may be a slap on the wrist.
Declaration as Surplus and Disposition – Former Dover Post Office (David S. Hugg III, City
Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis regarding the
Declaration as Surplus and Disposition – Former Dover Post Office.
Staff recommended approval of the disposition of the property.
Mr. Neil stated that the sale of the former post office is a necessary part of the Mosaic Master Plan.
Mr. Neil stated that if it is going to be sold, this must be done.
Mr. Neil moved to recommend approval of the staff’s recommendation. The motion was
seconded by Ms. Arndt and unanimously carried.
Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration
Committee meeting, hearing no objection the meeting adjourned at 7:02 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole meeting, hearing no
objection the meeting adjourned at 7:02 p.m.
William F. Hare
Council President
BH/ar
Page 34
Página 35
Item #11.
Monthly Report
June 2023
Office of City Assessor
Page 35
Página 36
Item #11.
ASSESSOR’S REPORT
Number of Deeds Stamped for Transfer Tax Dollar Amount for
the Month of June 2022/2023 the Month of June 2022/2023
44 $400
50
Thousands
40 29 33 $203
30 21 23 $200 $148
16 $59 $51$46
20 $0$0
3 0 0 0 2022 $0
10 2022
0 $0
2023 2023
First Time Buyer for the Month June 2022/2023 Realty
of June 2022/2023 Property Sales in Dollars
Received Prior to Recording
44
50
$14
40 $15 $10
29
Millions
Res. Non‐First $10 $7 $6
30 21 23 $4
Time Buyers $5 $0 $0 $0 2022
20 $0
Res. First Time 2023
10 Buyers
0
2022 2023
Major Updates
April May June
Assessment Change $0 $0 $2,603,100
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
30 $4,873,600 $7,951,799 0.61 1.04
Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment
regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98
tends to indicate assessment progressivity – high valued properties are relatively over appraised.
1
Page 36
Página 37
Item #11.
ASSESSOR’S REPORT
Assessor’s Office
Wild Meadows / Persimmon Park Place Home Sales for June 2023:
Property Address Assessed Value Sales Price
N/A N/A N/A
2023 Appeal Hearings have been completed. (See attached spread sheet)
2
Page 37
Página 38
Item #11.
2023 APPEAL LOG
Exempt Request
2022 Requested Board
Name PIN# Property Address # Amount Amount Decision
CENTRAL DE HABITAT FOR
HUMANITY ED05-076.08-03-01.00 101 N WEST ST $15,500 $0 APPROVED
CENTRAL DE HABITAT FOR
HUMANITY ED05-077.05-03-07.00 39 S NEW ST $16,400 $0 APPROVED
CENTRAL DE HABITAT FOR 29 S GOVERNORS
HUMANITY ED05-077.05-03-50.00 AVE $20,400 $0 APPROVED
CAPITOL BAPTIST CHURCH OF 1305 NEW BURTON
DOVER ED05-085.08-02-02.00 RD $139,200 $0 APPROVED
CHILDREN AND FAMILIES FIRST
DE INC ED05-068.14-03-67.00 195 WILLIS RD $731,200 $0 APPROVED
ELIZABETH W MURPHY 20 PENNSYLVANIA
SCHOOL INC ED05-077.05-02-32.00 AVE $149,600 $0 APPROVED
ELIZABETH W MURPHY
SCHOOL INC ED05-077.09-05-68.00 535 S STATE ST $146,200 $0 APPROVED
Stipulation
2022 Stipulated
Name Pin# Property Address # Amount Amount
JMSJ BEST LLC ED05-076.06-06-65.02 155 GREENTREE DR $872,900 $630,000 APPROVED
Page 38
Página 39
JUL 24, 2023 CITY OF DOVER PAGE: 1
10:47 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
Item #11.
ED05-067.12-04-44.00 8 R10 33 REPRESENTATIVE LN 1 13 2016 3 2130 B- AV 196,700 02-JUN-23 315,000 .62
ED05-067.13-01-53.00 3 R10 36 GLENEAGLES CT 1 14 1976 1 2314 C+ VG 264,400 09-JUN-23 370,000 .71
ED05-067.15-05-23.00 10 R10 846 WOODCREST TRN 1 13 1984 2 1242 C FR 120,400 05-JUN-23 210,000 .57
ED05-067.18-03-78.00 17 R10 52 FREEDOM DR 1 16 1979 1 1967 C+ AV 182,800 05-JUN-23 355,000 .51
ED05-068.13-01-04.03 100 R50 6 CHATHAM CT 1 13 1986 2 2361 B- AV 139,900 22-JUN-23 215,000 .65
ED05-068.14-04-20.00 7 R10 118 SPRUANCE RD 1 13 1986 2 990 C- PR 69,500 23-JUN-23 151,000 .46
ED05-068.14-06-59.00- 7 R10 54 FAIR WIND PL 1 13 1992 2 1324 C AV 131,500 21-JUN-23 110,000 1.20
Page 39
Página 40
JUL 24, 2023 CITY OF DOVER PAGE: 2
10:47 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
Item #11.
042
ED05-068.15-04-23.00 6 R10 258 TEA PARTY TRL 0 13 2022 2 1448 C+ AV 179,100 09-JUN-23 302,500 .59
ED05-068.15-04-31.00 6 R10 304 STRIPES CT 0 13 2022 2 1448 C+ AV 173,100 08-JUN-23 300,000 .58
ED05-068.15-04-32.00 6 R10 302 STRIPES CT 0 13 2022 2 1448 C+ AV 173,900 08-JUN-23 292,000 .60
ED05-068.15-04-33.00 6 R10 300 STRIPES CT 0 13 2022 2 1448 C+ AV 179,500 22-JUN-23 302,799 .59
ED05-068.18-04-57.00 7 R10 26 E LOOCKERMAN ST 1 3 1952 1.5 1616 C FR 155,900 02-JUN-23 175,000 .89
ED05-068.19-05-24.00 14 R10 160 LEXINGTON PL 1 8 2008 2 1376 C+ GD 164,100 12-JUN-23 219,000 .75
ED05-076.04-05-08.00 2 R10 702 RUTH WAY 0 8 2023 2 1400 C+ AV 161,300 01-JUN-23 276,000 .58
ED05-076.04-05-08.01 2 R10 700 RUTH WAY 0 8 2023 2 1400 C+ AV 161,300 02-JUN-23 280,000 .58
ED05-076.05-03-74.00 14 R10 118 STONEY DR 1 8 1988 2 1402 C+ GD 152,600 23-JUN-23 247,000 .62
ED05-076.05-07-08.00 3 R10 230 PEBBLE VALLEY DR 1 5 1998 2 2176 B+ AV 235,000 20-JUN-23 450,000 .52
ED05-076.06-02-02.00- 103 R50 2 IVY HALL 1 20 1974 1 812 B GD 57,100 09-JUN-23 95,000 .60
Page 40
Página 41
JUL 24, 2023 CITY OF DOVER PAGE: 3
10:47 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
Item #11.
911
ED05-076.08-02-34.00 9 R10 219 N QUEEN ST 1 1 1930 2 1530 C AV 115,400 02-JUN-23 105,000 1.10
ED05-076.10-02-39.00 16 R10 1509 FAWN ST 1 5 1988 2 1429 C+ AV 176,800 09-JUN-23 300,000 .59
ED05-076.10-02-85.00 14 R10 245 TRAFALGAR DR 1 5 2005 2 2186 C+ AV 211,100 05-JUN-23 330,000 .64
ED05-076.10-02-90.00 16 R10 174 MIFFLIN RD 1 14 1960 1 1072 C AV 159,700 13-JUN-23 275,000 .58
ED05-076.13-02-10.00 14 R10 214 NORTHDOWN DR 1 5 1996 2 2336 C+ AV 217,300 22-JUN-23 347,500 .63
ED05-076.13-04-35.00 14 R10 500 FAIRNEST CT 1 5 2002 2 2016 C+ AV 204,000 05-JUN-23 365,000 .56
ED05-077.05-03-55.00 9 R10 15 S GOVERNORS AVE 1 1 1900 2 1444 C AV 111,600 26-JUN-23 245,000 .46
ED05-077.17-05-25.00 4 R10 80 MORRIS DR 1 14 1952 1 1800 C FR 138,000 02-JUN-23 236,000 .58
ED05-077.17-05-64.00 4 R10 27 ROOSEVELT AVE 1 2 1941 1 1139 C- GD 163,800 27-JUN-23 260,000 .63
ED05-077.18-01-17.00 4 R10 238 PINE ST 1 14 1952 1 977 C- AV 126,000 21-JUN-23 248,000 .51
ED05-085.08-01-80.00 12 R10 106 LYNNHAVEN DR 1 14 1961 1 1850 C AV 194,400 01-JUN-23 300,000 .65
ED05-085.12-03-66.00 12 R10 378 MIMOSA AVE 1 16 1972 1 1857 C AV 157,400 20-JUN-23 275,000 .57
Page 41
Página 42
Item #12.
Page 42
Página 43
Item #12.
CITY COUNCIL COMMUNITY ENHANCEMENT FUND
JULY 1, 2022 - JUNE 30, 2023 I nner City Cultural League Vendor # 200
100-10-12-99-000-53037
Current Balance- $ 1,950.00
COM M UNI TY ENHANCEM ENT FUND - $2,500 FOR EACH COUNCI L M EM BER PER DI STRI CT AND
BUDGETED AM OUNT $5,000 FOR THE AT-LARGE COUNCI L M EM BER. THE PURPOSE OF THE FUND I S TO ALLOW $ 25,000.00
M EM BERS TO CONTRI BUTE FUNDS TO A SM ALL PROJECT OR COM M UNI TY NEEDS I N EACH
FI NAL BUDGET TOTAL $ 25,000.00
COUNCI L TOTAL YEAR TO
DATE VENDOR DESCRI PTI ON I NVOI CE # BALANCE
SPONSOR CHARGES DATE
Councilman Anderson
authorized the designation of Email from David Anderson
The Inner City Cultural $1000.00 of his community dated 06/23/2022 and email
7/26/2022 Anderson $1,000.00 $1,000.00 $23,600.00
League enhancement funds to The from Elizabeth Daniels dated
Inner City Cultural League for 06/23/2022
the reasons stated in the letter.
Councilman Boggerty
authorized the designation of Email from Andre Boggerty
$100.00 of his community dated 07/21/2022 and email
7/26/2022 Boggerty DEMCO $100.00 $1,100.00 $24,900.00
enhancement funds to DEMCO from Leandra Marshall dated
for the Annual Back to School 07/13/2022
Event
Councilman Anderson
authorized the designation of Email from David Anderson
$300.00 of his community dated 06/29/2022 and email
7/26/2022 Anderson The 302 Movement $300.00 $1,400.00 $24,600.00
enhancement funds to The 302 from Tracey Weems dated
Movement for the backpack 06/28/2022
program.
Councilman Neil authorized the
designation of $200.00 of his Email from Fred Neil dated
8/15/2022 Neil Persimmon Park Place community enhancement funds 08/10/2022 and email from $200.00 $1,600.00 $23,400.00
to Persimmon Park Place for Joyce Talley dated 08/09/2022
the Backpack Giveaway
Councilwoman Arndt authorized
the designation of $200.00 of Email from Tricia Arndt dated
8/15/2022 Arndt Persimmon Park Place her community enhancement 08/10/2022 and email from $200.00 $1,800.00 $23,200.00
funds to Persimmon Park Place Joyce Talley dated 08/09/2022
for the Backpack Giveaway
Page 43
Página 44
Item #12.
Councilwoman Arndt authorized
the designation of $500.00 of Email from Tricia Arndt dated
9/6/2022 Arndt Dover Art League her community enhancement 08/31/2022 and email from $500.00 $2,300.00 $22,700.00
funds to the Dover Art League Elena Stewart dated 8/31/2022
for the Grand Opening
Councilman Boggerty
authorized the designation of Email from Andre Boggerty
Interdenomonational
$600.00 of his community dated 09/06/2022 and email
9/12/2022 Boggerty Ministerial Alliance of Dover $600.00 $2,900.00 $22,100.00
enhancement funds to the from Theodore Henderson
and Visinity (IMA)
Annual Community Unity Family dated 9/6/2022
Day
Councilman Anderson
Email from Dave Anderson
authorized the designation of
dated 10/05/2022 and email
10/6/2022 Anderson The Well Church $300.00 of his community $300.00 $3,200.00 $21,800.00
from Bishop Carol E. Harris
enhancement funds to the Faith
dated 10/5/2022
and Blue Weekend
Councilman Hare authorized
Email from City Clerk Bennett
the designation of $400.00 of
dated 10/05/2022 and email
10/6/2022 Hare The Well Church his community enhancement $400.00 $3,600.00 $21,400.00
from Bishop Carol E. Harris
funds to the Faith and Blue
dated 10/5/2022
Weekend
Councilwoman Arndt authorized
Email from Tricia Arndt dated
the designation of $150.00 of
10/07/2022 and email from
10/7/2022 Arndt The Well Church her community enhancement $150.00 $3,750.00 $21,250.00
Bishop Carol E. Harris dated
funds to the Faith and Blue
10/5/2022
Weekend
Councilman Rocha authorized
Email from Gerald Rocha dated
the designation of $200.00 of
10/07/2022 and email from
10/7/2022 Rocha The Well Church his community enhancement $200.00 $3,950.00 $21,050.00
Bishop Carol E. Harris dated
funds to the Faith and Blue
10/5/2022
Weekend
Councilman Anderson
authorized the designation of
Email from Dave Anderson
$500.00 of of his community
dated 10/12/2022 and
10/12/2022 Anderson Tracy Palmer Ministries, Inc enhancement fund to Tracy $500.00 $4,450.00 $20,550.00
email/letter from Paster Tracy
Palmer Ministries, Inc for
Palmer dated 10/12/2022
Thanksgiving Dinner & Winter
Food Events
Councilman Anderson
authorized the designation of Email from Dave Anderson
$250.00 of of his community dated 11/03/2022 and
11/3/2022 Anderson United Way of Delaware $250.00 $4,700.00 $20,300.00
enhancement fund to United email/letter from Kenyatta
Way of Delaware Wonderland Livingston dated 11/03/2022
Coat and Toy Drive
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Página 45
Item #12.
Councilwoman Pillsbury
authorized the designation of Email from Julia Pillsbury dated
$500.00 of of his community 11/05/2022 and email/letter
11/7/2022 Pillsbury United Way of Delaware $500.00 $5,200.00 $19,800.00
enhancement fund to United from Kenyatta Livingston dated
Way of Delaware Wonderland 11/03/2022
Coat and Toy Drive
Councilman Taylor authorized
the designation of $650.00 of
Email from Ralph Taylor dated
11/15/2022 Taylor Dover Police Department his community enhancement $650.00 $5,850.00 $19,150.00
11/15/2022
funds to the Hometown Holiday
Event
Councilman Boggerty
authorized the designation of
$825.00 of his community
Email from Andre Boggerty
11/16/2022 Boggerty Dover Police Department enhancement funds to the $0.00 $5,850.00 $19,150.00
dated 11/16/2022
Hometown Holiday Event
(Returned-Not Needed -
$825.00)
Councilman Anderson Email from Dave Anderson
authorized the designation of dated 01/12/2023 and
1/12/2023 Anderson Code Purple $150.00 of of his community email/letter from Ennio $150.00 $6,000.00 $19,000.00
enhancement fund to Code Emmanuel (Code Purple) dated
Purple. 01/03/2023
Councilwoman Arndt authorized
the designation of $300.00 of Email from Tricia Arndt dated
2/21/2023 Arndt United Way of Delaware her community enhancement 02/21/2023 and email from $300.00 $6,300.00 $18,700.00
funds to the National Read Gerald Rocha dated 02/21/2023
Across America Day
Councilman Hare authorized
Email from Bill Hare dated
the designation of $1,000.00 of
03/03/2023 and letter from
3/7/2023 Hare Modern Maturity Center his community enhancement $1,000.00 $7,300.00 $17,700.00
Modern Maturity Center dated
funds to the Modern Maturity
03/07/2023
Center Programs
Councilman Boggerty
authorized the designation of
Email from Andre Boggerty
3/7/2023 Boggerty TOVA Community Health $750.00 of his community $750.00 $8,050.00 $16,950.00
dated 02/15/2023
enhancement funds to TOVA
Community Health
Councilman Boggerty
authorized the designation of
Hope Medical and Dental Email from Andre Boggerty
3/24/2023 Boggerty $250.00 of his community $250.00 $8,300.00 $16,700.00
Clinic dated 03/24/2023
enhancement funds to Hope
Medical and Dental Clinic
Page 45
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Item #12.
Councilman Rocha authorized
Email from Andre Rocha dated
the designation of $400.00 of
03/27/2023 and letter from
3/27/2023 Rocha Tracy Palmer Ministries, Inc his community enhancement $400.00 $8,700.00 $16,300.00
Tracy Palmer Ministries dated
fund to Tracy Palmer Ministries,
03/27/2023
Inc
Council President Sudler
Email from Andria Bennett
authorized the designation of
The Vines Community dated 04/21/2023 and letter
4/24/2023 Sudler $1,000.00 of his community $1,000.00 $9,700.00 $15,300.00
Project from Tracy Palmer Ministries
enhancement fund to The Vines
dated 04/24/2023
Community Project
Councilman Boggerty
authorized the designation of Email from Andre Boggerty
$500.00 of his community dated 05/09/2023 and Email
5/9/2023 Boggerty Community Well $500.00 $10,200.00 $14,800.00
enhancement funds to from Ina Smith Willis
Community Well-Being (Community Well) dated 5/9/23
Ambassador Initiative
Councilman Boggerty
Email from Gerald Rocha dated
authorized the designation of
Inner City Cultural League 05/11/2023 and Email & Letter
5/11/2023 Rocha $1,000.00 of his community $1,000.00 $11,200.00 $13,800.00
Inc from Inner City Cultural League
enhancement funds to Inner
dated 5/11/23
City Cultural League Inc
Councilman Boggerty
Email from Andre Boggerty
authorized the designation of
dated 05/12/2023 and Email &
5/12/2023 Boggerty Psi Iota Hope Foundation $1,200.00 of his community $1,200.00 $12,400.00 $12,600.00
Letter from Gregg Bunkley
enhancement funds to the Psi
dated 5/8/23
Iota Hope Foundation
Councilman Lewis authorized
the designation of $500.00 of Email from Brian Lewis dated
Dover Police Athletic his community enhancement 05/22/2023 and Letter from
5/22/2023 Lewis $500.00 $12,900.00 $12,100.00
League (PAL) funds to the 2023 Youth Police Corporal Anthony Smith
Academy for Uniforms and received 05/22/2023
Water bottles.
Councilman Sudler authorized
the designation of $1,500.00 of
his community enhancement Email from Roy Sudler, Jr.
Women and Children
funds to the Women and dated 05/25/2023 and Letter
5/25/2023 Sudler Transformation Ministry $1,500.00 $14,400.00 $10,600.00
Children Transformation from William Snorton, Jr.
International, Inc.
Ministry International, Inc. for received 05/23/2023
their Boys to Men Development
Program for Gas cards
Councilman Boggerty
Email from Andre Boggerty
authorized the designation of
dated 05/26/2023 and Email &
5/26/2023 Boggerty Dover Fire Department $1,000.00 of his community $1,000.00 $15,400.00 $9,600.00
Letter from Chief Carey dated
enhancement funds to the
5/26/23
Dover Fire Department
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Item #12.
Councilman Boggerty
authorized the designation of
$250.00 of his community
Email from Andre Boggerty
Women and Children enhancement funds to the
dated 05/26/2023 and Email &
5/26/2023 Boggerty Transformation Ministry Women and Children $250.00 $15,650.00 $9,350.00
Letter from William Snorton, Jr.
International, Inc. Transformation Ministry
received 05/23/2023
International, Inc. for their Boys
to Men Development Program
for Gas cards
Councilman Lewis authorized
the designation of $350.00 of Email from Brian Lewis dated
Dover Police Athletic his community enhancement 05/26/2023 and Letter from
5/26/2023 Lewis $350.00 $16,000.00 $9,000.00
League (PAL) funds to the 2023 Youth Police Corporal Anthony Smith
Academy for Uniforms and received 05/22/2023
Water bottles.
Councilman Boggerty a Email from Andre Boggerty
John Wesley Community
5/30/2023 Boggerty authorized the designation of dated 05/26/2023 and letter $350.00 $16,350.00 $8,650.00
Program
$350.00 of his community from Dr. Chandra Owens,
Councilman Rocha authorized
the designation of $500.00 of
his community enhancement Email from Gerald Rocha dated
Women and Children
funds to the Women and 05/31/2023 and Email & Letter
5/31/2023 Rocha Transformation Ministry $500.00 $16,850.00 $8,150.00
Children Transformation from William Snorton, Jr.
International, Inc.
Ministry International, Inc. for received 05/23/2023
their Boys to Men Development
Program for Gas cards
Councilwoman Pillsbury
authorized the designation of
Email from Julia Pillsbury dated
$500.00 of her community
06/06/2023 and Email from
6/6/2023 Pillsbury United Way of Delaware enhancement funds to the $500.00 $17,350.00 $7,650.00
Michelle Taylor received
United Way for their Out of
06/02/2023
School Time Program-Freedom
Schools
Councilman Lewis authorized
the designation of $ 500.00 of Email from Brian Lewis dated
6/6/2023 Lewis Dover Fire Department his community enhancement 05/23/2023 & Letter from Chief $500.00 $17,850.00 $7,150.00
funds to the Dover Fire Carey dated 6/06/23
Department
Councilman Lewis authorized
the designation of $ 1,000.00 of Email from Julia Pillsbury dated
6/6/2023 Pillsbury Dover Fire Department his community enhancement 06/06/2023 & Letter from Chief $1,000.00 $18,850.00 $6,150.00
funds to the Dover Fire Carey dated 6/06/23
Department
Councilman Lewis authorized
Email from Brian Lewis dated
the designation of $500.00 of
06/09/2023 & email/letter from
6/9/2023 Lewis Tracy Palmer Ministries, Inc his community enhancement $500.00 $19,350.00 $5,650.00
Paster Tracy Palmer dated
fund to Tracy Palmer Ministries,
06/02/2023
Inc
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Item #12.
Councilman Hare authorized
the designation of $500.00 of Email from Bill Hare dated
his community enhancement 06/09/2023 & Letter from email
6/9/2023 Hare United Way of Delaware $500.00 $19,850.00 $5,150.00
funds to the United Way for their from Michelle Taylor received
Out of School Time Program- 06/2/23
Freedom Schools
Councilperson Arndt authorized
the designation of $200.00 of Email from Tricia Arndt dated
her community enhancement 06/09/2023 and Invoice from
6/12/2023 Arndt Elizabeth Daniels $200.00 $20,050.00 $4,950.00
fund to Elizabeth Daniels for the Elizabeth Daniels dated
Juneteenth Celebration (Porta 06/12/2023
Potty)
Councilman Rocha authorized
the designation of $400.00 of Email from Gerlad Rocha dated
his community enhancement 06/09/2023 and Invoice from
6/12/2023 Rocha Elizabeth Daniels $400.00 $20,450.00 $4,550.00
fund to Elizabeth Daniels for the Elizabeth Daniels dated
Juneteenth Celebration (DJ & 06/12/2023
Porta Potty)
Councilman Hare authorized
the designation of $300.00 of Email from Bill Hare dated
his community enhancement 06/09/2023 and Invoice from
6/12/2023 Hare Elizabeth Daniels $300.00 $20,750.00 $4,250.00
fund to Elizabeth Daniels for the Elizabeth Daniels dated
Juneteenth Celebration 06/12/2023
(Boucehouse)
Councilwoman Pillsbury
authorized the designation of Email from Julia Pillsbury Dated
$250.00 of her community 6/14/23 and letter from Modern
6/16/2023 Pillsbury Modern Maturity Center $250.00 $21,000.00 $4,000.00
enhancement funds to the Maturity Center dated
Modern Maturity Center 06/15/2023
Programs
Councilwoman Pillsbury
Email from Julia Pillsbury Dated
authorized the designation of
Dover Police Athletic 6/15/23 and Letter from
6/16/2023 Pillsbury $250.00 of her community $250.00 $21,250.00 $3,750.00
League (PAL) Corporal Anthony Smith
enhancement funds to the 2023
received 06/15/2023
Youth Police Academy
Councilman Hare authorized
the designation of $300.00 of
Email from Kay Sass dated
6/29/2023 Hare Associates International his community enhancement $300.00 $21,550.00 $3,450.00
6/27/23
fund to Associates International
for the July Billing Inserts
Councilman Neil authorized the
designation of $750.00 of his
Email from Kay Sass dated
6/29/2023 Neil Associates International community enhancement fund $750.00 $22,300.00 $2,700.00
6/27/23
to Associates International for
the July Billing Inserts
Page 48
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Item #12.
Councilperson Arndt authorized
Email from Kay Sass dated
6/29/2023 Arndt Associates International the designation of $750.00 of $750.00 $23,050.00 $1,950.00
6/27/23
her community enhancement
$23,050.00 $1,950.00
Budgeted Amount District Council Sponsor YTD Expenditures
Balance
$5,000.00 At-Large Boggerty $5,000.00 $0.00
$2,500.00 1st District Pillsbury $2,500.00 $0.00
$2,500.00 1st District Rocha $2,500.00 $0.00
$2,500.00 2nd District Hare $2,500.00 $0.00
$2,500.00 2nd District Taylor/Lewis $2,500.00 $0.00
$2,500.00 3rd District Arndt $2,100.00 $400.00
$2,500.00 3rd District Neil $950.00 $1,550.00
$2,500.00 4th District Anderson $2,500.00 $0.00
$2,500.00 4th District Sudler $2,500.00 $0.00
TOTAL $23,050.00 $1,950.00
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Item #13.
CITY MANAGER’S
MONTHLY REPORT
June 2023
Page 50
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Item #13.
Blank
Page
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Item #13.
August 8, 2023
Honorable Mayor & Members of City Council
Dover, DE 19901
RE: CITY MANAGER’S OFFICE MONTHLY REPORT – JUNE 2023
Dear Mayor & Members of City Council:
The City Manager’s Office is pleased to present our monthly report for the month of June 2023. Included
are the monthly reports from Departments directly reporting to the City Manager. Tasks performed by the
City Manager and Assistant City Manager include the following:
• Met with Dover Police Department to discuss the current fleet, transitioning process of old vehicles
out of service and use of old vehicles for EVOC academy training.
• Participated in Fire Department FY24 & 25 Budget Meeting.
• Site visit to Stoney Creek Development to assess lighting, trash, trees, etc.
• Attended Dover Park Building and Spray Pad groundbreaking ceremony.
• Attended monthly City Council and Council Committee of the Whole meetings.
• Participated in Diversity, Equity and Inclusion leadership team meeting and committee meeting.
• Participated in meetings regarding the following: the SS4A grant application, event permits and City
services, downtown crosswalks with the DDP, truck parking, TIFF program, etc.
• Participated in Dover Library Foundation meeting.
• Attended Town Managers & Planners Meeting at Kent County Levy Court and Delaware Economic
Development Partner meeting at Delaware Public Archives.
• Conducted bimonthly Department Head meetings.
• Attend the ICMA Coaching Webinar, Creating Livable Communities: The Path to Community
Prosperity.
• Attended Management Committee and Risk Management Committee meetings regarding electric.
• Prepared for and presented on the first and final reading of the City of Dover Budget Ordinances.
• Participated in DLLG Legislative Advisory Committee and reviewed / commented on bills.
• Researched requests from Council members and constituents and addressed concerns.
• Addressed personnel matters.
• Worked with Broker regarding property sales at Garrison Oak and working on the former Dover Post
Office
If you have any questions or would like to discuss, please feel free to contact our office.
Most respectfully,
David S. Hugg, III Sharon J. Duca, P.E.
City Manager Assistant City Manager
Page 52
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Item #13.
Customer Service Utility Revenue Collections Rate
Customer Service Department Mission
Continually provide quality public service to our diverse group of customers with
professionalism, respect, & integrity. ~ City of Dover Customer Service Department Page 53
Página 54
ELECTRIC DEPARTMENT Item #13.
Electric Divisions
System Peak Total System Load Number of New
Month outages customers
Aug 21 77,971 Services
Aug 21 164.90
Sep 21 65,002 Mar 21 4 568 Mar 21 20
Sep 21 140.78
Apr 21 4 1,287 Apr 21 14
Oct 21 117.77 Oct 21 58,157
May 21 9 733 May 21 6
Nov 21 95.71 Nov 21 55,279 Jun 21 10 736 Jun 21 40
Dec 21 58,299 Jul 21 13 3,730 Jul 21 9
Dec 21 96.13
Aug 21 11 728 Aug 21 11
Jan 22 107.95 Jan 22 65,916
Sep 21 7 1,037 Sep 21 20
Feb 22 103.87 Feb 22 55,827 Oct 21 9 4,693 Oct 21 16
Mar 22 99.08 Mar 22 56,876 Nov 21 6 347 Nov 21 23
Apr 22 50,847 Dec 21 13 1,540 Dec 21 22
Apr 22 92.65
Jan 22 11 1,599 Jan 22 17
May 22 143.11 May 22 59,233
Feb 22 6 1,005 Feb 22 8
June 22 June 22 Mar 22 5 512 Mar 22 18
July 22 July 22 Apr 22 1 350 Apr 22 20
Aug 22 May 22 13 4,199 May 22 21
Aug 22 June 22 19 6,639 June 22 11
Sep 22 Sep 22 July 22 7 357 July 22 16
Oct 22 Oct 22 Aug 22 8 395 Aug 22 47
Nov 22 Sep 22 6 2,920 Sep 22 27
Nov 22
Oct 22 3 732 Oct 22 21
Dec 22 Nov 22
Nov 22 4 1328 Nov 22 17
Jan 23 Jan 23 Dec 22 3 6,703 Dec 22 12
Feb 23 Feb 23 Jan 23 3 129 Jan 23 47
Mar 23 Feb 23 2 42 Feb 23 20
Mar 23
Mar 23 7 1,739 Mar 23 29
Apr 23 Apr 23
Apr 23 12 5,256 Apr 23 31
May 23 May 23 May 23 7 1,488 May 23 9
June 23 June 23 June 23 13 6,014 June 23 29
NAES staff is working with a contractor to resolve the metering issues.
Electric Monthly Outage Report
The annual outage goal will be less than 295 minutes per customer, which is a Delaware Standard. This will be
measured by calculating the System Average Interruption Duration Index. SAIDI Long Time looks at the previous
24months of outages
FY 23 YTD FY 22 FY 21
61.26 61.52 347.76
Outages Average Response Time
Goal is less than 30 minutes
Month Year-to-date Month Year-to-date
13 75 26.15 33.84
PROGRAM UPDATES JUNE 23 JUNE 22 FY23 YTD
Tree Trimming 0 340 2,960
Number of Oil Releases 0 0 0
Lost Time Accidents – All Electric Utility Divisions 0 0 1
New Services 29 11 27654
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Página 55
Item #13.
Fleet & Facilities Management Monthly Report
JUNE 2023
Fleet Maintenance
PM Work Orders Completed: 50 Number of Tire Repairs: 20 Number of Road Repairs: 8
Other Work Orders: 62 Repair Hours: 220 Road Repair Hours: 10.5
Total Work Orders: 112 Fabrication Hours: 5 Misc. Hours: 36
PM Hours: 122
# of Scheduled PM’s: 25
# of PM’s Completed: 50
Major Program Updates
JUNE JUNE
MEASURE 2023 2022 DIFFERENCE
Fleet Maintenance - Completed PM
50 out of 25 52 out of 25
appointments vs scheduled PM’s -8.00%
200.00 % 208.00 %
(Quantity and Percentage)
Facilities Maintenance
Facilities - Routine work orders
51 out of 60 48 out of 53
completed within 5 days -5.57 %
85.00 % 90.57 %
(Quantity and Percentage)
Facilities - Emergency work orders
4 out of 4 5 out of 5
completed within 2 days 0.00 %
100.00 % 100.00 %
(Quantity and Percentage)
Facilities:
Total Work Orders Written in June: 64
Total Work Orders Completed in June: 78
(includes previous months’ W/O’s that were incomplete)
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Item #13.
MEMORANDUM
Department of Central Services
P.O. Box 475
Dover, Delaware 19903
Phone: (302) 674-7567
Fax: (302) 736-7178
E-mail: mhamlett@dover.de.us
TO: Dave Hugg, City Manager
Sharon Duca, Assistant City Manager
FROM: Michael C. Hamlett, Central Services Director
DATE: 7/10/2023
SUBJECT: Fiscal Year Project Update
______________________________________________________________________________
Outlined below are the stages of each project in process for Fiscal Year 2023
FC2001 City Hall HVAC Renovation: COMPLETED
EA2204 Weyandt Hall HVAC Renovation: RFP has been advertised and awaiting proposals
7/12/2023.
EA2202 Electric Admin Window Replacement: COMPLETED
EA2203 Weyandt Hall Window Replacement and LED Lighting Upgrade: COMPLETED
LB2201 Library HVAC Controls Upgrade: COMPLETED
CS2301 Warehouse LED Lighting Upgrade: COMPLETED
CS2302 Warehouse Replacement of Tile Flooring and Exterior Painting: COMPLETED
FC2303 City Hall Window Replacement: Contractor selected and proposal signed
FC2304 Old Post Office Hazardous Material Abatement: COMPLETED
Weyandt Hall Security Upgrades: COMPLETED
Michael Hamlett, Central Services Director
Phone: 302‐674‐7567 Email: mhamlett@dover.de.us
1
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Item #13.
HUMAN RESOURCES
June 2023
Summary: The Human Resources Department has been working diligently to enter increases for
the Police Department. This process involved building new tables within Tyler which took a great
deal of time to correctly enter for an effective date of July 1st, 2023. We continue to work
effectively ensure effective hiring initiatives, as well as timely data system entry.
The Human Resources Department and DE&I committee are constantly working on initiatives to
ensure inclusion of all employees within the City of Dover. In the Month of June, we fully
discussed this year’s summer city wide BBQ. We settled on a date and time, as well as a direction
to begin planning in a timely manner.
Monthly Hired vs Resigned vs Promoted
18 17
16
14
12
10 9
8 8
8 7 7 7
6 6 66 6 6
6 5 5
4 3 33
2 22 2 2
2 1 1 1 1 11 1
0 0 0 0 0 0 00 0
0
Jun '22 Jul '22 Aug '22 Sept '22 Oct '22 Nov ' 22 Dec '22 Jan '23 Feb '23 Mar '23 April '23 May '23 June '23
Hired Resigned/Term/Retired Transferred/Promoted
June– Hired 17; Retire 0; Resigned 2; Terminated 0
1|Page
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Item #13.
HUMAN RESOURCES
CY Hired, Resigned, Promoted
80
70 67
61
60 57
49
50
44
42 41
40 37
33 32
30
22
20 15 16
9
10 5
0
2019 2020 2021 2022 2023
Hired Terminated, Resigned, Retired Transferred or Promoted
Five year Full-Time vs Part-Time Employees
500
450
43
400
27 31
28 24
350
300
250
200 395
359 367 373
346
150
100
50
0
Mar '19 Mar '20 Mar '21 Mar '22 June '23
Full-Time Part-Time
-Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee, or council members
2|Page
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Item #13.
HUMAN RESOURCES
EEOC Demographics
450
400
350 82 88 103
77
80
300
250
200
150 294 308 312 315 306
100
50
0
Mar '19 Mar '20 Mar '21 Mar '22 June '23
Caucasian Minority
Position Hired: 1 HR Generalist, 1 Lan Analyst, 1 Library Clerk, 1 Communications Operator,
1 Police Cadet, 1 Public Works Sanitation, 1 Public Works Streets, 1 Public Works Wastewater
Transferred/Promoted: 0
Position Terminated/Resigned/Retired/Other: 2
Terminal Leave: N/A
3|Page
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Item #13.
HUMAN RESOURCES
Open or Currently Recruiting*
Open or Currently Recruiting by Dept. June 2023
Electric: 1
Public Works: 1
Police: 2
Water Wastewater: 1
Parks & Recreation: 1
Library: 3
City Clerk: 1
Electric: 1
Fire: 1
Stormwater: 3
Human Resources Coordinator: 1
Total: 16
*Not used for Budgeting Purposes
Turnover Statistics
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total
Turnover % 11.00 10.91 6.02 12.05 8.68 15.36 10.33 9.66 13.96 9.69 15.93 3.9
Termination
Turnover % 0.29 1.47 0.57 0.28 0.54 1.92 1.36 0.54 1.42 .25 1.62 0.87
Resignation
Turnover % 5.21 5.01 2.29 7.56 6.24 7.41 5.98 6.17 7.98 7.14 9.01 2.56
Retirement
Turnover % 5.50 4.42 3.15 4.20 1.90 4.39 2.45 2.68 4.27 2.29 1.15 0.44
Other
- - - - - 1.65 0.54 0.27 0.28 .25 .23 0.0
2012 Healthcare cost sharing implemented 2013 Healthcare cost sharing implemented for DOE
2016 RIF in Economic Development; 2018 RIF in Electric
*2 Voluntary Terms for the Month of June*
Average Employees
4|Page
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Item #13.
HUMAN RESOURCES
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023
Total Number of
Employees Separating 38 37 21 42 32 56 38 36 49 38 48 16
from Service
Average Number of
333 325 331 333 340 337 340 346 **355 370 405 433
Full-time Employees
Average Number of
12 14 18 24 28 28 28 26 25 23 28 32
Part-time Employees
* Healthcare cost sharing implemented **Updated
Worker’s Compensation
March June
Category 2022 2023
Monthly Workers Comp. Injuries 0 5
Workers Compensation Cost May 2023
$2,844
$1,223
Department $10,405
$96
Total Cost (In thousands) = $14,943.57
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Item #13.
Information Technology Department
June 2023 Report
Larry Josefowski, Director
Network Security (Internal) 2 Switches are in the process of being installed; other issues such as the phone
system deployment and staffing have delayed their installation. Budget and price of devices are still up in the air,
but we hope to replace most, if not all the remaining switches next year. We also started our 2nd quarter
phishing campaign, which will run into June.
Network Security (External): Updates from vendors continue to be applied to decrease vulnerabilities. A few
“low level” vulnerabilities exist, but do not present a direct threat to the environment but will be remedied as
soon as patches become available.
Phone System: Difficulties with porting over phone numbers from our old vendor delayed deployment of the
phone system, but the library is scheduled for early June. The warehouse will follow…we aim to have the
deployment completed by the end of June, with Reed Street and City Hall being the last, and most complicated,
buildings to port over.
Tyler/Munis: Updating of Tyler/Munis has continued, but difficulties in updating the software have slowed the
process. Updates have not proceeded as planned, but progress was made near the end of the month.
Audio/Visual: We worked with Planning and the City Clerk to use existing resources to improve the quality of
audio and video for WebEx meetings for City constituents. Additional information has been requested from
vendors, including training and replacement microphones for the conference room.
Other: The State of Delaware’s Local Cybersecurity Grant Focus Group, of which the City of Dover is a member,
forwarded the completed application for funding. The state will see approximately 2 million dollars in federal
funding distributed to governments in Delaware, possibly as soon as the end of the summer. While Dover is
ahead of many municipalities in terms of our protection and may not be able to take advantage of some of the
programs, we are hopeful that we can substitute funding for things like endpoint detection for other security
upgrades.
We interviewed 4 candidates for the open LAN Analyst position, and extended an offer to the most promising
candidate, and have a start date of early June.
Metrics: This month’s highlighted metrics:
Cowbell Insurance: Our instance vendor tracks 8 separate areas and provides comparisons to other like entities.
We currently are scoring above the industry standard for the aggregate, as well as in 7 of the 8 categories. This is
primarily an externally driven score, although they do view some of our Microsoft security data.
# of tickets: This number reflects a portion of the work done by the team. Areas that were the drivers were
requesting access due to our new Employee Self Service, Tyler issues, and hardware requests.
Time to close incidents: This metric is an imperfect measurement, as our free ticketing tool does not provide
many industry standard options such as the ability to “freeze” the ticket while waiting for input from the client
and does count weekend and holidays. It also likely has a heavy number of quickly resolved tickets, but it does
provide a rough measurement.
INFORMATION TECHNOLOGY - 1
Page 62
Página 63
Item #13.
Data Loss (PII): This tracks the number of times COD employees tried to send Personally Identifiable Information.
While a number of 0 would be good, it does point out that there remains a need to send data in a secure
method. Tools do exist that encrypt the data but still make it available for FOIA requests, but that tool has not
been budgeted.
Cowbell (Insurance Vendor) # of Tickets/Incidents
Score 140
75% 120
100
70%
80
65%
60
60%
40
55% 20
50% 0
=
Time to close incidents Data Loss Prevention
9d0h PII emails blocked
8d0h
16
7d0h
14
6d0h
12
5d0h
10
4d0h 8
3d0h 6
2d0h 4
1d0h 2
0d0h 0
INFORMATION TECHNOLOGY - 2
Page 63
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Reference Transactions
June 2023 Item #13.
Adults 1,124
Teens 40
Children 296
0 250 500 750 1000 1250 1500 1750 2000
* Electronic Materials include Overdrive & Hoopla starting July 2022
Circulation June '23 FYTD '23 June '22 FYTD '22
Dover Residents 9,601 121,728 10,597 131,405
* Electronic Materials 4,847 53,231 3,572 43,013
Kent Residents Total - 8,603 89,136 6,686 74,251
~Harrington 62 54
~Milford 52 74
~Smyrna 559 377
~Unincorporated Kent Co. 7,930 6,181
Non-County Residents 1,338 14,373 1,379 13,019
New Registrations
Dover Residents 210 2,760 247 2,263
Kent Residents Total - 126 1,360 127 940
~Harrington 4 0
~Milford 0 0
~Smyrna 2 1
~Unincorporated Kent Co. 120 126
Non-County Residents 6 59 14 60
Registered Library Users as of 06/30/23 Registered Library Users as of 06/30/22
City of Dover Residents 17,313 City of Dover Residents 17,880
Kent County Residents 7,108 Kent Co. Residents 6,353
Sussex County Residents 263 Sussex Co. Residents 250
New Castle Co. Residents 333 New Castle Co. Residents 346
Out of State 20 Other 22
TOTAL 25,037 24,851
Other
Visitors 14,457 173,618 17,409 144,064
*Visitors - Curbside Pick-up 0 0 0 0
Meeting Room Attendance 2,114 26,700 3,139 21,404
Number of Photocopy Jobs 506 4,306 342 4,182
Number of Computer Print Jobs 2,556 31,639 2,316 26,790
Number of Computer Users 1,645 18,949 1,334 14,837
Number of Wireless Computer Users 1,639 17,956 1,700 12,355
Inter/Intralibrary - Loaned 57 49
Inter/Intralibrary - Borrowed 88 57
Holds Sent 2,809 2,923
Holds Received 1,639 1,772
TOTAL 4,593 58,764 4,801 57,361
Tech Services/Items Added 2,109 1,208
Tech Services/Items Deleted 1,095 4,405
Passport Services/Customers 231 2,896 218 2,340
Passport Services/Revenue $9,054 $125,339 $9,227 $96,707
Monthly Highlights
►313 attended / viewed 41 programs for adults.
►175 attended / viewed 23 program for teens.
►1,228 attended / viewed 25 programs for children.
► 0 volunteers.
* Estimated Figure
Page 64
Página 65
Item #13.
Parks & Recreation
Monthly Report - June 2023
Parks & RecreaƟon Highlights
Five Park Projects Update
Dover Park Building & Spray Pad construc on is underway. Groundbreaking pictures below!
SchuƩe Park Dog Park installa on of ameni es will take place in July. We are looking at hos ng the Ribbon
Cu ng in August due to the summer schedule of park needs, programs and extra events.
Skate Park at SchuƩe remains a project on the list.
All Accessible Playground will follow begin construc on on me in FY24.
Annual Jack Conrad Fishing Derby was held at Silver Lake Park on June 19. The Dover Elks Lodge 1903 has brought
this event to Silver Lake since 1998! This year, 60 children ranging from 2 ‐ 16 years par cipated. The largest fish
caught was an 18” carp and the most fish caught were 40! This is a great community event and we thank Officer
Roy and his handlers for coming out to the event!!
Spring & Summer Performing Arts on The Green has kicked off. Thank you Bally’s Dover and Ka e Benne , State
Farm Insurance for their sponsorship to make this years series possible. Join us on Thursday evenings at 7 PM!
Outdoor Sports & Leagues
ParƟcipant & Spectator Count
Recreation Revenue Breakdown AcƟvity ParƟcipants Spectators LocaƟon
Youth Soccer Camp 45 67 Schu e Park
Tuesday Track Meets 294 441 Dover High School
Church League So ball 774 1,116 Schu e Park
Senior Mens So ball 352 88 Schu e Park
Tennis in the Park 8 18 Dover Park
June 2023 June 2022
General Recrea on $1,899.75 General Recrea on $850.00
Camps $24,755 Trips $0
Leagues $4,400 Camps $25,686.00
Sports $30 Leagues $2,225.00
Park Permits/Rentals $1,000 Bldg./Field/Pavilions $500.00
Parks & RecreaƟon June FYTD
June 22 FYTD 22
Programs 23 23
General Recrea on 242 2, 959 75 929
Open Gym 80 1,774 93 2,117
Sports 79 2,467 38 1,542
Leagues 1,824 22,801 1,170 27,707
Camps 500 3,584 825 recheck
Bldg., Facility & Park
18 149 n/a n/a
Permits
Page 65
Página 66
Item #13.
Grounds Monthly Report
Jun-23
Arborist Crew: Arborist Crew
- Trimmed street trees Tree Work Completed
- Clearing woods line Schutte Park Tree's Trimmed 60
Beautification Crew: Tree's Removed 45
- Planted Annual Beds. Root Pruning 0
- Watering and weeding is on schedule. Stumps Removed 8
- Planted new memorial flower bed. Trees Planted 3
Mowing Crew:
- Mowing routes are on schedule.
- General clean up of mowing locations.
Litter Removal:
- Litter is being picked up on city property as per the weekly schedule.
- Litter person has been diligent in the reporting of destruction in City parks.
- 490 Total 90 gallon cans collected.
- Removed 4 Shopping Carts.
Parks Crew:
- Completed Parks Route Daily.
- Prepped softball fields.
- Prepped soccer field.
- Started working on dog park at Schutte Park.
- Set up stage for multiple events on The Green and Legislative Mall.
Miscellaneous:
- Installed memorial plaque at new flower bed.
- Provided trash cans / clean up for special events.
- Help with Silver Lake clean up day with Chesapeake Utilities volunteers.
Page 66
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Item #13.
Trees Trimmed
150
100
50
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023
Trees Removed
50
40
30
20
10
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023
90 Gallon Litter Cans Collected
700
600
500
400
300
200
100
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023
Page 67
Página 68
Item #13.
June 2023 Procurement & Inventory Report
Measure FY 2023 FY 2022 DIFFERENCE
Issue Effectiveness – How often the
FY 2023 (To date) FY 2022 (Total)
warehouse has what the departments
[1479/ (1479+325)] *100 [1610/ (1610+241)] *100 -5.00%
need when it’s needed.
81.98% 86.98%
[issues / (issues + back orders)] * 100
Turn Over Rate – Indicates that the
material stocked is the material being -0.19 Turnovers per
0.79 Turnovers per year 0.98 Turnovers per year
used. (2020-2021 Goal 1 per year) year
WITHOUT TRANSFORMERS
FUEL USE FY 2023 TO DATE FY 2022 TO DATE STOCK WITH OVER 60 MONTH SUPPLY (5 YEARS)
Unleaded: 142,372 gallons 142,187 gallons Electric: $ 558,928.07 209 Line Items
Diesel: 75,707 gallons 80,187 gallons Water: $ 14,439.33 36 Line Items
Dollars Spent: $694,023.09 $650,776.31 General: $ 21,770.00 83 Line Items
Total: $ 595,137.40 328 Line Items
Purchase Orders for Stock by Fund Issues from Stock by Fund
FY 2023 TO DATE FY 2022 TO DATE FY 2023 TO DATE FY 2022 TO DATE
Electric: $1,567,976.79 $3,932,680.66 Electric: $1,688,340.66 $1,605,171.82
Water: $65,337.65 $97,262.20 Water: $72,430.66 $54,135.57
Wastewater: $0.00 $0.00 Wastewater: $637.73 $3,179.21
General: $92,033.96 $188,899.07 General: $137,264.34 $121,794.37
Total: $1,725,348.40 $4,218,841.93 *Total: $1,898,673.41 $1,786,475.73
Warehouse Stock Money Spent for Postage/Postal Services
FY2023 FY2022 FY 2023 TO DATE FY2022 TO DATE
Total Dollar Value: $3,237,992.38 $2,447,063.63 $172,811.97 $155,676.82
Total Line Items: 988 1,014
* Total of Issues from Stock by Fund includes Issues from Electric Returns (ER) warehouse.
Current Bid/RFP Status
BID REQUESTING
COMMODITY TERM Status as of July 1, 2023
NUMBER DEPARTMENT
One
Weyandt Hall HVAC Upgrade 23-0016FM Facilities RFP Opening scheduled for July 12, 2023 @ 2:00 PM
Time
Pension and Other Post Employment One
23-0017FN Finance Forwarded to Finance on 6/13/2023
Benefits Actuarial Services Time
One
Wellhead Redevelopment Program 23-0018WW Water/Wastewater RFP opening scheduled for July 18, 2023 @ 2:00 PM
Time
Decontamination & Demolition of the One Electric RFP opening is scheduled for August 4, 2023 @ 8:00
23-0019EL
McKee Run Generating Station Time Department PM
One
FY2023C Street and Alley Program 23-0020PW Public Works Bid opening scheduled for July 26, 2023 @ 2:00 PM
Time
Page 68
Página 69
Item #13.
DEPARTMENT OF PUBLIC WORKS
June 2023 MONTHLY REPORT
GIS
GIS PROJECT HOURS
Create Data Requests Printing Technical Support Updates Configure Training
5%
6%
28%
35%
10%
5%
11%
GIS PROJECT HOURS
Other
City-Wide
DWW
DPW
Tax
Mayor
IT
Cust. Service
Dover PD
City Manager
City Clerk
Planning & Insp.
Library
Parks & Rec
Electric
0 5 10 15 20 25 30
GIS Project Hours
Page 69
Página 70
Item #13.
SANITATION
MONTHLY REFUSE (TONS)
Bulk Rear Automated
943.45 932.49
919.01
865.91 885.75 875.96
846.3 828.39 843.85
798.79
830.2 816.65 804.09
155.48 116.32 113.92 134.19 113.94 117.42
121.09 95.93 91.5 85.64
147.1 60.86 162.61
128.4 135.88 146.31 127.28
71 175.41 141.87
133.5 60 108.22
104.93 98.65 80.2
JUNE 22 JULY 22 AUG 22 SEPT 22 OCT 22 NOV 22 DEC 22 JAN 23 FEB 23 MAR 23 APRIL 23 MAY 23 JUNE 23
SANITATION HOURS
600 555 556
485
500 460
400 361 376 368.5
294.5
300
200
100
0
Bulk Automated Hand Trash Yard Waste
June 2022 June 2023
SANITATION June 23 FYTD 23 June 22 FYTD 22
Trips to DSWA Sandtown Landfill 220 2,234 226 2,100
Total Tonnage to DSWA 1,135.75 12,832.76 1,246.03 13,760.10
90-gallon Containers Delivered 24 599 19 350
300-gallon Containers Delivered 2 12 2 8
Total Man Hours Containers Delivered 27 265 17 200
CURBSIDE RECYCLING TOTAL CANS COLLECTED TOTAL ACCOUNTS WEIGHT (LBS) AVE. WEIGHT (LBS)
June 2023 22,348 10,089 270,460 12.1
Page 70
Página 71
Item #13.
STREETS / STORMWATER
MONTHLY STREET SWEEPING & LEAF COLLECTION
Sweeper Waste (cu.yd.) Street Sweeping (miles) Leaf Collection (miles) Leaf Debris (cu.yd.)
6322
3279
1783 0 970 0 3177
1914
0 0 674
1570 1630 585 1765
133.5 0
0 0
135 1085 1234 817
92
122 0 5 1528 470
122
0
12 1220 12.5
0
239 1201
JUNE JULY 0 0 47 1351 Leaf Debris (cu.yd.)
AUG 2
144 555 15.5 0 0 Leaf Collection (miles)
22 SEPT 132
22 22 OCT NOV 102 31 Street Sweeping (miles)
22 22 DEC 86
94.5
22 JAN FEB
22 MAR Sweeper Waste (cu.yd.)
23 23 APR
23 MAY
23 JUNE
23
23
STREETS / STORMWATER June 23 FYTD 23 June 22 FYTD 22
Signs Installed 19 78 14 89
Signs Repaired 14 164 42 279
Curbs Painted Yellow (ft) 1,020 15,818 186 18,835
New Posts Installed 13 117 7 85
Storm Catch Basins Repaired 2 16 4 19
Storm Catch Basin Repairs (hrs) 13.75 74.25 24 122.5
Storm Catch Basins Cleaned (l.f.) 1 4 0 19
Storm Catch Basin Cleaning (hrs) .75 5 0 16.25
Hot Mix Patching (tons) 6.02 42.27 6.33 37.7
Hot Mix Patching (hrs) 15 105.5 14.5 57
Cold Mix Patching (hrs) 14.75 152.5 19.5 116.25
Concrete Work (hrs) 11.5 450 7 349.5
Concrete Patching (cu.yd.) .5 73.03 .62 72.52
Ditch Work (hrs) 0 8 0 94
Street and Alley Maintenance (hrs) 0 36.7 8 44.75
Street Sweeping (miles) 1351 9,343.50 1,783 3,001.04
Street Sweeping (cu.yd.) 94.4 1,060.9 135 5,676.5
Leaf Collection (miles) 0 5,287 0 9,225
Leaves Collected (cu.yd.) 0 8,670 0 12,864.5
Page 71
Página 72
Item #13.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Jun-23
Inflow & Infiltration Costs
$200,000.00 This chart indicates the amount of money the City is
spending on treating ground and / or rain water
through Kent County. This cost is being offset by the
Ground Water Inflow Adjustment rate passed on to the
$150,000.00 customers. The July and September flow is showing as a
negative cost due to the timing of the Kent County
reporting vs the timing of the City billing.
$100,000.00
$50,000.00
$-
1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun
$(50,000.00)
I & I Cost
Water & Wastewater Repairs
Water mains and services are typically repaired at a higher rate
5
when drastic change in temperature occurs. This freeze and
thaw cycle expands and contracts the soil, causing cracks in the
water line. This was evident in the month of January 2022, 6
4 water main breaks. January of 2023 was milder by coparison,
leading to less breaks.
3
2
1
0
1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun
Water Mains Repaired Water Services Repaired Wastewater Mains Repaired Wastewater Laterals Repaired
Number of Brown Water Complaints
20 This chart indicates the number of
complaints the Department receives.
18 October and April on this chart are
16 high due to the flushing operation.
14
12
10
8
6
4
2
0
1-Jun 1-Jul 1-Aug 1-Sep 1-Oct 1-Nov 1-Dec 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun
Number of Brown Water Complaints Linear (Number of Brown Water Complaints)
Diversity, Equity and Inclusion Activities
Sending all staff to Unconscious Bias training – this will provide some enlightenment to staff members on the pitfalls of bias.
We are sending office staff out to meet with field staff to collaborate on current operational and future capital projects to gather insight from
all team members
Two (2) staff members have joined the Diversity, Equity and Inclusion committee. This will hopefully open up some ideas from other City
team members on what they are trying to accomplish. Attended June meeting and participated with entire committee.
A Department wide picnic occurred on September 30, 2021. The team was able to come together and talk about the vision of the
Department and where we want to go. An emphasis was provided to the team to provide any and all ideas to grow the Department. A
Department wide event was held on May 2, 2022 to celebrate National Drinking Water Week. A State of the Department is scheduled for
late July / early August to bring team together.
One on one sessions with all team members and the Director to solicit any ideas and / or improvements for the Department has been
initiated and conversations have been promising.
Encouraged and provided all staff the ability to participate in the DEI survey to understand the needs and desires of City staff.
90 % of the team attending the "Together We Succeed" cookout
Emergency Exercise including three (3) different divisions, requested feedback and input during event
Team members attended a Coffee & Conversation meeting at the Pitts Center
Team participated in the DE&I December, February and April initiatives, with pushing out content to staff
Team participated in the DE&I Mid Day Munchies Event
Team held an inclusive event for Drinking Water Week, team building exercise with lunch and games. Participated at Council for
Proclamation
Page 72
Página 73
Item #14.
City Planner’s Monthly Report
Department of Planning & Inspections
JUNE 2023
Planning & Inspections Highlights
Some Items to Call to Your Attention
Planning Staff was involved with the review of 68 Building Permits and 28 Certificates of Occupancy
permits that were issued for a monthly total of 96 and a year-to-date total of 542. This tally amount
is trending higher than the last few years when compared to year-to-date 2022 total of 493 Permits
and COs and year-to-date 2021 total of 401 Permits and COs.
In March the Inspections and Permitting Division conducted 487 building inspections and on-site
meetings, conducted 221 plumbing/mechanical inspections and issued 28 Certificates of Occupancy,
compared to last year at this time of 400 building inspections, 497 plumbing/mechanical inspections
and 10 Certificates of Occupancy.
The Planning Office Staff Working Group continues to meet to review the recommendations in the
Downtown Dover Partnership’s Strategic Master Plan known as “Transforming Downtown Dover:
Capital City 2023” (January 2023) related to land use and zoning activities and plan implementation
for potential ordinance and policy changes focused on the C-2 zoning district.
In June 2023, Residential Building Permits were issued for five (5) Townhouse Units, and three (3)
single family detached dwellings. Temporary Certificates of Occupancy were issued to eight (8) Du-
plex units. Certificates of Occupancy were issued to seven (7) single family detached dwellings, five
(5) Townhouse units, three (3) Duplex units, and one (1) single family detached dwelling in the
Downtown Development District.
Building Permits for new structures included permits for an accessory structure at Capital Baptist
Church, MOD Wash (Car Wash) at 1414 N. DuPont Highway, the Dover Park Community Center and
Spray Pad, and the East Carolina Warehouse at 100 Ridgely Street. Other Building Permits included
permits for renovations for a restaurant tenant fit-out at Capital Station, office renovations to the
Fan Care Center of Dover Motor Speedway, and a Demolition Permit for portions of Grossley Hall on
the Delaware State University campus. A Temporary Certificate of Occupancy was issued to a renova-
tion project at Bayhealth Medical Center. Certificates of Occupancy were issued for a tenant fit-out
for Citizens Bank at 779 N. DuPont Highway (old Pizza Hut Building) and two interior renovation pro-
jects for Bayhealth at the Blue Hen Corporate Center on Bay Road.
The Fire Marshal’s Office Staff investigated eight (8) fire incidents. Staff is conducting Annual Fire and
Life Safety Inspections at apartment/clubhouses.
The Code Enforcement Division continued to be busy with growing grass whereby 39 tall grass viola-
tions were issued for a year-to-date total of 762 tall grass violations. Annual housing inspections
picked up this month with 182 inspections conducted for a total of 782 thus far for 2023. Other sta-
tistics from the Code Enforcement team include: 19 no valid rental permit violations; 12 abandoned
vehicle violations; 22 property maintenance violations; 59 Code violations and 2 dangerous build-
ings. There are 7,744 active rental dwellings in the City of Dover. The property located at 46 Riverside
Road was demolished by the owner. Page 73
Página 74
Item #14.
PROGRESS IN PICTURES
779 N. DuPont Hwy Macy’s Omni Service Center
Citizens Bank 1365 N DuPont Highway
655 BAY ROAD
CLEARWAY
PATH SOLUTIONS
640 STATE STREET
BAYHEALTH
ENDOSCOPY UNIT
Page 74
Página 75
Item #14.
PROGRESS IN PICTURES
49 S. Kirkwood Street
NCALL
11 S. New
Street
Habitat for
Humanity
274 Tea Party Trail
Ashburn Homes
607 / 609 Ruth Way
Chatham Bay-
239 Tea Party Trail Eden Hill Farm TND
Patriot Village
1362 College Rd.
Michael Biddle
300, 302, 304, 306, 308 Stripes Court
544 Ruth Way
Page 75
Página 76
Item #14.
PROGESS IN PICTURES
548 Ruth Way
Chatham Bay at
Eden Hill Farm
TND
546 Ruth Way
Chatham Bay at
Eden Hill Farm
TND
550 Ruth Way
Chatham Bay at
Eden Hill Farm TND
Page 76
Página 77
Item #14.
Planning & Inspections Revenue
FY2023
Revenue
Estimates for FY2022 Actual % of
Revenue Stream Budget (YTD) June Budget
Business License $1,450,000 $ 1,456,836 100%
Manufactured Home License $16,000 $ 13,047 82%
Building Permits $550,000 $ 754,376 137%
Cert. of Occupancy $8,000 $ 19,285 241%
Public Occupancy $45,000 $ 42,731 95%
Lodging House $14,000 $ 28,170 201%
Plumbing/Heating/Air $80,000 $ 126,402 158%
Rental Inspection Fee $410,000 $ 740,184 181%
Miscellaneous $20,000 $ 20,221 101%
Fire Protection Fees $70,000 $ 103,046 147%
Code Enforcement Fines $60,000 $ 106,000 177%
Vacant Building Reg. $70,000 $ 35,950 51%
Total P&I Revenue $2,793,000 $ 3,446,248 123%
Department Operations—
Planning Office
The Meetings of the Boards and Commission supported by the Planning Office are presented in the Hybrid
format with both In-Person and Virtual (using WebEx) meeting options for participation. Electronic commu-
nications and conducting Meetings and Trainings in virtual formats are commonplace due to realized effi-
ciencies.
PLANNING OFFICE—Permit Reviews
The Planning Office is part of the review process for certain types of construction activity permits (Building
Permits, Sign Permits, etc.) and Certificate of Occupancy permits in order to confirm compliance with the
Zoning Ordinance provisions. For June 2023, Planning Staff was involved with the review of 68 Building Per-
mits and 28 Certificates of Occupancy permits that were issued for a monthly total of 96 and a year-to-date
total of 542. This tally amount is trending higher than the last few years when compared to a year-to-date
2022 total of 493 Permits and COs and year-to-date 2021 total of 401 Permits and COs. Staff also reviews
new applications for Business Licenses and Rental Dwelling Permits.
JUNE 2023 (FY23) TOTAL FOR FY23
New Home Permits Issued 8 103
Value of Commercial Projects $5,381,757.00 $56,588,159.00
Downtown Incentives (Fees Waived) $617.00 $28,176.50
Page 77
Página 78
Item #14.
COMPREHENSIVE PLAN IMPLEMENTATION
2019 Comprehensive Plan
Implementation of the 2019 Comprehensive Plan continues as Departments citywide focus on the plan im-
plementation items as found in Implementation Plan (Chapter 15) items such as the projects, studies, code
amendments, and other activities. A copy of the Final Plan (as amended) is available on the Comprehensive
Plan website: https://www.cityofdover.com/2019-comprehensive-plan Visit the Dover Parcel and Zoning
Viewer on the City’s website to see zoning information for properties located in Dover. Use the Quick Link
on the main page www.cityofdover.com .
Other Activities
• DAFB Compatible Use Study: City Planning Staff is part of the Technical Committee for the DAFB Com-
patible Use Study. As part of a Department of Defense program initiative, DelDOT is leading this study
of uses in a Study Area of a 5-miles radius of the Dover Air Force Base. Consultant assistance for the
Study includes the University of Delaware – Institute for Public Administration and Century Engineering.
The Final Study Report was issued in June. See the project website for more information on the Final
Study Report activities: https://deldot.gov/projects/Studies/dafb/
• Downtown Dover Strategic Master Plan: The Downtown Dover Partnership’s Strategic Master Plan is
known as “Transforming Downtown Dover: Capital City 2030” (January 2023). Various partners are
focusing on Plan implementation. The Planning Office Staff Working Group continues to meet to review
the plan recommendations related to land use and zoning activities and plan implementation for poten-
tial ordinance and policy changes focused on the C-2 zoning district. See the project webpage for more
information on activities and the Final Plan: https://www.downtowndoverpartnership.com/ddp/
Downtown-Dover-Strategic-Master-Plan/
CONSTRUCTION ACTIVITIES
• In June 2023, Residential Building Permits were issued for five (5) Townhouse Units in Patriot Village,
one (1) single family detached dwelling in Patriot Village, Phase III area, and two (2) single family de-
tached dwellings in other areas of the City.
• Temporary Certificates of Occupancy were issued to eight (8) Duplex units in Eden Hill Farm TND. Cer-
tificates of Occupancy were issued to one single family detached dwelling and five (5) Townhouse units
at Patriot Village; five (5) single family detached dwellings on Ruth Way (Phase 1 – Chatham Bay) and
three (3) Duplex units on Ruth Way (Phase 1 – Chatham Bay) in Eden Hill Farm TND; one (1) single fami-
ly detached dwelling in the Downtown Development District; and one (1) single family detached house
on College Road.
• Building Permits for new structures included permits for an accessory structure at Capital Baptist
Church (Admin Site Plan S-22-05); MOD Wash (Car Wash) at 1414 N. DuPont Highway (S-21-10); the
Dover Park Community Center and Spray Pad (S-21-06); and the East Carolina Warehouse at 100
Ridgely Street (S-23-01). Other Building Permits included permits for renovations for a restaurant ten-
ant fit-out at Capital Station; office renovations to the Fan Care Center of Dover Motor Speedway; and
a Demolition Permit for portions of Grossley Hall on the Delaware State University campus.
• A Temporary Certificate of Occupancy was issued to a renovation project at Bayhealth Medical Center.
Certificates of Occupancy were issued for a tenant fit-out for Citizens Bank at 779 N. DuPont Highway
(old Pizza Hut Building) and two interior renovation projects for Bayhealth at the Blue Hen Corporate
Center on Bay Road.
Page 78
Página 79
Item #14.
BOARD AND COMMISSION ACTIVITY
The June Meetings of the Boards and Commissions supported by the Planning Office were held in the Hy-
brid Format with the In-Person Meeting and a Virtual Meeting option using the WebEx telephone/video
conferencing platform. The Planning Commission Meeting of June 20, 2023 included consideration of a Site
Plan application and of a Revised Implementation Plan – Eden Hill Farm TND. The Historic District Commis-
sion and the Board of Adjustment did not meet in June due to lack of agenda items.
Board of Adjustment: The Board of Adjustment did not meet on June 21, 2023. The next Board of Ad-
justment meeting is scheduled for July 19, 2023.
Historic District Commission: The Historic District Commission did not meet on June 15, 2023. The
next Historic District Commission meeting is scheduled for July 20, 2023.
Planning Commission: The Planning Commission met on June 20, 2023 . The next Planning Commission
meeting is scheduled for July 17, 2023. The following applications were acted upon:
• S-23-06 College Road Apartments at Railroad Avenue/Grove Street – The Planning Commission
granted conditional approval of the Site Development Plan for construction of two 6-story mid-rise
apartment buildings with a total of 385 units consisting of studio, 1 bedroom, and 2 bedroom units. The
ground level of each apartment building is parking and the other site improvements include six 7-car gar-
age buildings, parking lots, landscaping, and recreation areas. The Project also includes street construc-
tion/improvements to Raymond Street and Railroad Avenue. A Lot Consolidation Plan will combine the
four parcels located east of Railroad Avenue for a total of 31.08 acres of land. These properties are
zoned RG-5 (General Residence Zone for Mid-Rise Apartments). The subject area is located north of,
but not adjacent to College Road, and east of the Railroad corridor in the vicinity of Raymond Street,
Railroad Avenue, and Grove Street. Property Owners: Patel College Properties, LLC and Patel Excess
College Road, LLC. Tax Parcels: ED-05-067.00-02-53.00-000, ED-05-067.00-02-54.00-000, ED-05-
067.00-02-55.00-000, and ED-05-067.00-02-56.00-000. Council District 4. The Planning Commission
denied the Waiver Request for the Reduction of Parking Requirement and approved the Active Recrea-
tion Area Plan. The Planning Commission conducted a Public Hearing and began review of this applica-
tion at their March 20, 2023 Meeting and deferred action seeking additional information. The Planning
Commission continued review of this application at their April 17, 2023 and deferred action until the
June 2023 Meeting seeking additional information.
• S-23-12 Eden Hill Farm TND: Residential District - Revised Implementation Plan (Phases 4, 5 & 6
Areas: Lot Configuration, Open Space Areas & Unit Count) - The Planning Commission granted
approval along with the appropriate conditions as recommended in the DAC Report to the Revised Im-
plementation Plan for the Residential District component of the Traditional Neighborhood Design pro-
ject known as Eden Hill Farm TND. The Revised Plan for the Residential District proposes to revise
Phase 4, 5 & 6 areas: to correct sizes of Lots 6, 7, 8, and 9 (Multi-family Lots); to reconfigure Lot 10
(Multi-family) and adjacent alleys; to convert Lot 11 from Open Space to Townhouse Lots; to consoli-
date lots (Lots 190-234, 327-338, Open Space) to create Signers Park Open Space of 6.12 acres and to
create a Multi-family Lot of 5.28 acres; to consolidate lots (Lots 434-450) to create Open Space of 2.18
acres adjacent to railroad corridor; to abandon certain street and alley rights-of-way; to adjust alignment
of Red Haven Way; to increase total unit count from 665 to 725 dwelling units; and to revise phase line
of Phases 5 and 6. The Residential District consists multiple parcels totaling of 109.034 acres ± of land
and is zoned TND (Traditional Neighborhood Design). The project is located south of West North Street
and Wemyss Road and east of the POW-MIA Parkway. The owners of record for the areas of revision
are Eden Hill Apartments Acquisition Co., LCC and Eden 4DS, LLC. Tax Parcels: Multiple parcels of
the Residential District on map ED-05-076.04. Council District 2.
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item #14.
CDBG FY21 Projects
• Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time homebuyers
who purchase affordable housing in the City of Dover. Six (6) families have purchased
homes and one (1) family is scheduled to close next month.
• Dover Interfaith Mission for Housing (DIMH)
CDBG funds will be used to provide operations cost for the shelter. DIMH has purchased a
building for its new shelter location that will be renovated with CDBG funds. The project
is underway.
• Central Delaware Housing Collaborative
CDBG funds will be used to provide operations cost for a women’s shelter. This project is
underway.
• Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro-
grams
CDBG funds will be used to rehabilitate existing owner-occupied housing in the City that
is in violation of the City’s Housing Code and complete emergency home repairs to elimi-
nate housing conditions that threaten the health and safety of low-income homeowners.
Emergency Home Repairs have been completed on eight (8) owner occupied homes and
two (2) single family homes have been renovated.
• American Rescue Act (ARPA) Funding
City Council approved to award a little over $1.8 million in grant funding for Housing and
Community Service projects. All projects are underway. Dover Interfaith Mission for
Housing has expended $50,000 in ARPA funding providing motel vouchers and rental as-
sistance in response to those persons affected by Covid-19 and the Department of
Health and Social Services has spent 87% of their grant award by providing motel vouch-
ers and utility payment assistance in response to persons affected by Covid-19. A little
over $1.2 million or 67% of funds have been spent on Round 1 of ARPA funding year to
date.
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Item #14.
CODE ENFORCEMENT ACTIVITY
Dangerous Buildings, Vacant Buildings & Demolitions
Vacant Buildings currently registered - 147
Dangerous Buildings – 51
Active Rental Dwellings – 7,744
• 46 Riverside Drive – Demolished by the owner.
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Building Inspections & Licensing Summary Item #14.
April 2022—
July 2022–
Current June 2023 JUNE 2022 June 2023
PERMITTING AND LICENSING
Permits Issued JUNE (2023) JUNE (2022)
FY 23 FYTD 23 FY22 FYTD 22
Administrative Permit
7 69 3 47
Building Addition/Renovation Permits 29 359 36 407
Building Permits
24 266 17 281
Demolition Permits
3 27 5 25
Fence Permits 17 295 25 210
Fire Prevention Permits 7 77 7 69
Mechanical Permits
20 512 39 477
Plumbing Permits
29 566 30 345
Sign Permits 11 105 14 156
Swimming Pool Permits
1 16 4 14
Subtotal 2292 2031
Business Licenses 25 1911 79 1932
Merchant Licenses
0 330 5 347
Contractor Licenses
22 1288 25 1275
Subtotal 3529 3554
Lodging House Licenses
0 48 0 58
Public Occupancy
21 510 13 493
Rental Dwelling 69 3046 37 3034
Subtotal 3604 3585
Manufactured Homes 2 285 1 293
BUILDING INSPECTIONS
Inspections JUNE (2023) JUNE (2022)
FY 23 FYTD 23 FY22 FYTD 22
Building (Inspections/CBI/Site Meetings)
487 4421 400 3590
Plumbing/Mechanical
221 4726 497 3859
Certificate of Occupancy
28 224 10 89
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Item #14.
Fire Marshal’s Office—At a Glance June 2023
The Fire Marshal’s Office staff investigated 8 fire incidents
during the month of June.
Staff is conducting Annual Fire and Life Safety Inspections
at apartments/clubhouses.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 28 388 332
Deficiencies From the Above Inspections 111 1,345 552
Fire Code Violations/Deficiencies/ 18 309 371
Complaints
C/O & Fire Equipment Acceptance Tests 6 127 147
Meetings & Walk Through 18 213 214
Fire Plan Review & DAC 13 132 114
Month Year to Date Previous Year to Date
Accidental 4 totaling $6,001 37 totaling $1,254,602 31 totaling $341,701
Undetermined N/A 12 totaling $800,002 14 totaling $1,052,502
Incendiary 4 totaling $1,250 12 totaling $4,087,253 6 totaling $27,702
Arrest Made with DPD 1 4 1
Investigation Time 14 233 hours 145 hours
Injuries 0 1 14
Deaths 0 0 1
Page 83
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Item #15.
Page 84
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Item #15.
Finance Department Monthly Report June 2023
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Item #15.
Finance Department Monthly Report June 2023
CITY OF DOVER
ACTIVITY REPORTS
June 2023
FINANCE DEPARTMENT ACTIVITY LEVELS
FY22 YTD FY23 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 6,286 6,403
Total Amount of All Deposits $ 181,026,722 $ 197,887,959
Other Activity
Number of Pay Periods 26 27
Number of Direct Deposits Issued 10,741 11,019
Number of Pension Checks Issued 3,236 3,155
Total Pension Benefits Paid - Defined Benefit Plan $ 6,124,434 $ 5,564,851
ACCOUNTS PAYABLE
Number of Check Vouchers 6,326 6,158
Number of EFT Vouchers 3,265 4,169
Vouchers Dollar Amount Disbursed $ 79,937,181 $ 106,256,358
$81,285 FY22 YTD Wages $111,701 FY23 YTD Wages
$85,031
$284,997 $109,384 $1,028,696
$1,369,402
$398,983
$812,312
$851,819
$1,624,795
$1,711,062
$2,027,598
$1,836,195
$18,414,582
$20,595,200
Regular Regular
All over time All over time
Vacation Vacation
Sick Sick
Terminal Leave - Retiree Vacation/Sick Payout Terminal Leave - Retiree Vacation/Sick Payout
Personal Personal
Other Comp Time Other Comp Time
Page 3
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Item #15.
Finance Department Monthly Report June 2023
City of Dover
Preliminary General Fund Summary
Fiscal Year to Date (June 2023)
Revenues
Original Budget Revised Budget Actual %
Property & Transfer Taxes $ 17,625,000 $ 18,401,300 $ 18,422,500 100%
Program Revenues 10,329,400 11,324,700 12,212,898 108%
Utility Transfers 10,000,000 10,000,000 10,000,000 100%
Grants 1,051,000 1,282,200 583,557 46%
Interfund Services 6,181,400 6,181,400 5,440,489 88%
All Other 1 820,000 1,138,200 1,007,639 89%
$ 46,006,800 $ 48,327,800 $ 47,667,083 99%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 31,054,300 $ 31,622,100 $ 29,577,128 94%
Interfund Services 11,588,500 11,904,500 11,240,150 94%
Debt Service 630,000 630,000 629,441 100%
Post Retirement Benefits 2,328,500 2,328,500 2,328,500 100%
Pension Fund Contributions 1,000,000 1,000,000 1,000,000 100%
Capital Project Transfers 3,536,500 3,554,600 3,554,600 100%
All Other 2 2,210,400 1,840,300 1,437,284 78%
$ 52,348,200 $ 52,880,000 $ 49,767,103 94%
1
Includes Cable Franchise Revenue, Miscellaneous Receipts, Garrison Farm Rent, Sales of Assets, Fund
Invest Manager Cost.
2
Includes Bank and CC Fees, Street Lights Expense, DDP Contribution, Trf to Cable Franchise Reserve, Trf to
Electric I & E, and Trf to Electric Revenue Fund, Trf to Uncollectible Reserve and Misc. Grant Expense.
Page 4
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Item #15.
Finance Department Monthly Report June 2023
General Fund Revenues
$20,000,000
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Property & Transfer Taxes Program Revenues Utility Transfers Grants Interfund Services All Other 1
Original Budget Revised Budget Actual
General Fund Expenditures
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Pension Fund Contributions Capital Project Transfers All Other 2
Original Budget Revised Budget Actual
Page 5
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Item #15.
Finance Department Monthly Report June 2023
City of Dover
Preliminary Water Fund Summary
Fiscal Year to Date (June 2023)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 6,500,000 $ 6,650,000 $ 6,711,369 101%
Impact Fees 220,000 300,000 393,278 131%
Rents 425,400 425,400 399,756 94%
Miscellaneous 1 59,600 193,700 240,889 124%
$ 7,205,000 $ 7,569,100 $ 7,745,292 102%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 3,228,600 $ 3,476,000 $ 3,155,825 91%
Interfund Services 1,096,400 1,096,400 975,788 89%
Debt Service 692,000 778,000 777,914 100%
Post Retirement Benefits 207,400 207,400 207,400 100%
Capital Project Transfers 920,700 920,700 920,700 100%
Electric I&E Fund Transfer 25,000 25,000 25,000 100%
General Fund Transfer 1,000,000 1,000,000 1,000,000 100%
All Other 2 72,000 28,000 25,087 90%
$ 7,242,100 $ 7,531,500 $ 7,087,715 94%
1
Includes Penalties, Income from Sale of Assets, Miscellaneous Income, and Reconnect Fees.
2
Includes Bank & CC Fees.
Page 6
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Item #15.
Finance Department Monthly Report June 2023
Water Revenues
$8,000,000
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Customer Sales Impact Fees Rents Miscellaneous 1
Original Budget Revised Budget Actual
Water Expenditures
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Capital Project Transfers Electric I&E Fund Transfer General Fund Transfer All Other 2
Original Budget Revised Budget Actual
Page 7
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Item #15.
Finance Department Monthly Report June 2023
City of Dover
Preliminary Wastewater Fund Summary
Fiscal Year to Date (June 2023)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 9,922,700 $ 9,922,700 $ 9,755,425 98%
Impact Fees 180,000 280,000 357,740 128%
Miscellaneous 1 4,200 161,000 197,525 123%
$ 10,106,900 $ 10,363,700 $ 10,310,690 99%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 1,454,800 $ 1,591,100 $ 1,442,506 91%
Kent County Treatment Fee 4,850,000 3,760,000 3,873,121 103%
Interfund Services 841,600 841,600 744,459 88%
Debt Service 715,000 650,000 650,743 100%
Post Retirement Benefits 100,500 100,500 100,500 100%
Capital Project Transfers 756,400 706,400 706,400 100%
Electric I&E Transfer 25,000 25,000 25,000 100%
General Fund Transfer 1,000,000 1,000,000 1,000,000 100%
All Other 2 30,000 13,400 10,157 76%
$ 9,773,300 $ 8,688,000 $ 8,552,886 98%
1
Includes Interest Income, Penalties, Loss on Disposal, and Miscellaneous Income.
2
Includes Bank & CC Fees and transfer to Impact Reserve.
Page 8
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Item #15.
Finance Department Monthly Report June 2023
Wastewater Revenues
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Customer Sales Impact Fees Miscellaneous 1
Original Budget Revised Budget Actual
Wastewater Expenditures
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Program Expenses Kent County Treatment Interfund Services Debt Service Post Retirement Capital Project Transfers Electric I&E Transfer General Fund Transfer All Other 2
Fee Benefits
Original Budget Revised Budget Actual
Page 9
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Item #15.
Finance Department Monthly Report June 2023
City of Dover
Preliminary Electric Fund Summary
Fiscal Year to Date (June 2023)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 82,505,800 $ 81,109,900 $ 76,917,324 95%
Distribution of Earnings 21,840,000 16,440,000 16,465,555 100%
All Other 1 10,892,000 12,054,400 11,624,782 96%
$ 115,237,800 $ 109,604,300 $ 105,007,661 96%
Expenditures
Original Budget Revised Budget Actual %
Power Supply & Generation $ 86,970,700 $ 76,012,300 $ 61,748,722 81%
Electric Operating Div. Exp. 7,919,700 8,075,900 7,604,046 94%
Interfund Services 4,243,400 4,243,400 3,720,241 88%
Debt Service 1,591,600 1,591,600 1,401,204 88%
Post Retirement Benefits 911,000 911,000 911,000 100%
Capital Project Transfers 6,435,200 4,826,400 4,826,400 100%
General Fund Transfer 8,000,000 8,000,000 8,000,000 100%
All Other 2 3,120,700 3,249,400 2,776,983 85%
$ 119,192,300 $ 106,910,000 $ 90,988,595 85%
1
Includes Rental Revenue, Miscellaneous Service Revenue, Interest Earnings, Investment
Management Fees, New Service Fees, Sale of Assets, Trf from Uncollectible Reserves,
General Service Billing, Revenue from Rate Stabilization, Penalties, and Green Energy Charges.
2
Includes Utility Tax, Interest on Deposits, Bank & CC Fees, Bond Issuance Costs, Transfer
to Uncollectible Reserve, and Green Energy.
Megawatt Hours Sold & Purchased Budget Rev. Budget Actual
Sales to Customers MWh (excl. Street Light MWh) 747,331 747,331 708,972
Sales per MWh $137.42 $128.32 $129.58
Purchased/Generated MWh 765,382- 765,382- 739,675-
All In MWh Supply & Generation $113.57 $99.25 $83.44
Page 10
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Item #15.
Finance Department Monthly Report June 2023
Electric Fund - Revenues
Mi l lions
$- $10 $20 $30 $40 $50 $60 $70 $80 $90 $100 $110 $120 $130
Original Budget
Revised Budget
Actual
Customer Sales Distribution of Earnings All Other 1
Electric Fund - Expenditures
$95,000,000
$90,000,000
$85,000,000
$80,000,000
$75,000,000
$70,000,000
$65,000,000
$60,000,000
$55,000,000
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Power Supply & Electric Operating Post Retirement Capital Project General Fund
Interfund Services Debt Service All Other 2
Generation Div. Exp. Benefits Transfers Transfer
Original Budget $86,970,700 7,919,700 4,243,400 1,591,600 911,000 6,435,200 8,000,000 3,120,700
Revised Budget $76,012,300 8,075,900 4,243,400 1,591,600 911,000 4,826,400 8,000,000 3,249,400
Actual $61,748,722 7,604,046 3,720,241 1,401,204 911,000 4,826,400 8,000,000 2,776,983
Original Budget Revised Budget Actual
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Item #15.
Finance Department Monthly Report June 2023
City of Dover
Preliminary Division Expense Summary (General Fund)
Fiscal Year to Date (June 2023)
Original Budget Revised Budget Actual % General Fund Divisions % of Budget
City Clerk $ 379,300 $ 385,800 $ 354,712 92%
Council 256,800 251,800 220,167 87% Mayor
Fire 724,000 741,200 751,406 101% Human Resources
Grounds 1,611,100 1,637,000 1,548,863 95% Customer Services
Library 1,916,500 1,957,800 1,845,640 94%
Fleet Maintenance
Recreation 1,341,300 1,367,700 1,282,845 94%
Procurement & Inventory
Life Safety 594,700 620,900 566,262 91%
Code Enforcement 821,300 1,007,000 939,235 93% Engineering
Planning 757,600 730,200 642,462 88% Facilities Management
Public Inspections 758,200 789,900 791,076 100% Pub. Services Administration
Police 19,206,200 19,512,800 18,322,881 94% Finance
Police Extra Duty 405,000 405,000 615,311 152%
Information Technology
Streets 674,800 598,400 531,396 89%
Sanitation 2,801,100 2,865,100 2,480,235 87% City Manager
Stormwater 864,900 819,000 582,098 71% Stormwater
City Manager 1,251,200 1,299,600 1,167,709 90% Sanitation
Information Technology 832,700 848,400 817,959 96% Streets
Finance 1,109,500 1,157,200 1,001,036 87%
Police Extra Duty
Pub. Services Administration 541,800 571,100 552,127 97%
Police
Facilities Management 844,200 861,900 815,671 95%
Engineering 188,700 207,100 226,280 109% Public Inspections
Procurement & Inventory 754,800 781,600 818,341 105% Planning
Fleet Maintenance 941,100 1,024,000 974,835 95% Code Enforcement
Customer Services 1,393,300 1,438,800 1,461,704 102%
Life Safety
Human Resources 488,300 472,800 381,687 81%
Recreation
Mayor 234,400 224,500 196,486 88%
$ 41,692,800 $ 42,576,600 $ 39,888,424 94% Library
Grounds
Fire
Council
City Clerk
0% 20% 40% 60% 80% 100% 120% 140% 160%
Page 12
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Página 96
Finance Department Monthly Report June 2023
Item #15.
City of Dover
Preliminary Utilities Expenditure Summary
Fiscal Year to Date (June 2023)
Water Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 338,200 $ 357,100 $ 275,521 77%
Water Department 690,800 729,600 688,902 94%
Water Treatment Plant 2,199,600 2,389,300 2,191,403 92%
$ 3,228,600 $ 3,476,000 $ 3,155,825 91%
Wastewater Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 279,100 $ 359,900 $ 266,312 74%
Wastewater Department 1,175,700 1,231,200 1,176,194 96%
$ 1,454,800 $ 1,591,100 $ 1,442,506 91%
Electric Division
Original Budget Revised Budget Actual %
Transmission/Distribution $ 4,196,300 $ 4,274,700 $ 4,241,780 99%
Electrical Engineering 1,611,300 1,557,100 1,386,033 89%
Administration 894,100 966,400 941,456 97%
Meter Reading 353,600 375,400 271,099 72%
Systems Operations 864,400 902,300 763,678 85%
$ 7,919,700 $ 8,075,900 $ 7,604,046 94%
Page 96
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Página 97
Finance Department Monthly Report June 2023
Item #15.
Water Division % of Budget
Water Treatment Plant
Water Department
Engineering & Inspection
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Wastewater Division % of Budget
Wastewater Department
Engineering & Inspection
0% 20% 40% 60% 80% 100% 120%
Electric Division % of Budget
Systems Operations
Meter Reading
Administration
Electrical Engineering
Transmission/Distribution
0% 20% 40% 60% 80% 100% 120%
Page 97
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Página 98
Finance Department Monthly Report June 2023
Item #15.
City of Dover
Preliminary Division Expense Summary (Electric Fund)
Fiscal Year to Date (June 2023)
Budget YTD (Over)/Under
Original Budget Actual
June Budget YTD
3rd Party Hedge Purchases $ 32,617,500 $ 28,805,442 $ 31,117,600 $ 1,940,908
Capacity Charges 13,528,300 13,100,926 12,528,400 (572,526)
Solar Power Supply 3,153,300 3,024,976 3,153,300 128,324
Solar Renewal Energy Crdt 388,300 377,791 388,300 10,509
Renewable Energy Credits 5,177,000 1,659,000 3,500,400 2,212,650
Regional Greenhouse Gas 53,500 - 53,600 53,600
PJM Charges Trans & Fees 10,111,200 12,209,487 13,760,000 1,550,513
PJM Charges 25,850,300 4,126,001 12,850,300 8,724,299
Page 98
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Finance Department Monthly Report June 2023
Item #15.
City of Dover
Preliminary Capital Outlay Summary (All Funds)
Fiscal Year to Date (June 2023)
General Fund Original Budget Revised Budget Actual %
Fire $ 360,800 $ 507,100 $ 448,005 88%
Code Enforcement 25,300 29,000 - 0%
Inspections - 30,100 - 0%
Police 858,200 1,202,000 1,038,484 86%
Streets 128,000 3,011,600 194,589 6%
Sanitation 527,000 1,225,400 468,787 38%
Stormwater 1,865,700 3,437,500 1,127,857 33%
Grounds 93,900 154,300 118,067 77%
Library County Grant - 154,500 67,183 43%
Recreation 1,940,000 2,348,700 281,341 12%
Purchasing 172,000 152,700 82,697 54%
Information Technology 153,100 160,600 110,178 69%
Facilities Management 200,000 1,019,300 939,745 92%
Fleet Maintenance - 5,700 - 0%
General Fund Capital Projects $ 6,324,000 $ 13,438,500 $ 4,876,934 36%
Water Fund
Water $ 797,000 $ 2,986,300 $ 1,305,160 44%
Water Treatment Plant 148,700 518,500 151,672 29%
Water Fund Capital Projects $ 945,700 $ 3,504,800 $ 1,456,832 42%
Wastewater Fund
Wastewater $ 1,012,000 $ 2,249,000 $ 214,958 10%
Wastewater Fund Capital Projects $ 1,012,000 $ 2,249,000 $ 214,958 10%
Electric Fund
Electric Generation $ 4,000,000 $ 12,851,800 $ 391,835 3%
Transmission/Distribution 2,075,900 2,482,900 1,740,699 70%
Electrical Engineering 745,000 8,891,400 2,211,557 25%
Metering 44,300 44,300 - 0%
ERP System 500,000 1,967,400 109,240 6%
Electric Administration 1,570,000 499,400 397,073 80%
Electric Fund Capital Projects $ 8,935,200 $ 26,737,200 $ 4,850,404 18%
TOTAL CAPITAL PROJECTS $ 17,216,900 $ 45,929,500 $ 11,399,128 25%
Page 99
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Página 100
Finance Department Monthly Report June 2023
Item #15.
Capital Outlay - All Divisions
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Original Budget Revised Budget Actual
Capital Outlay - By Fund
$30,000,000
$26,737,200
$25,000,000
$20,000,000
$15,000,000 $13,438,500
$10,000,000 $8,935,200
$6,324,000
$4,876,934 $4,850,404
$5,000,000 $3,504,800
$2,249,000
$945,700 $1,012,000 $1,456,832
$214,958
$-
Original Budget Revised Budget Actual
General Fund Capital Projects Water Fund Capital Projects Wastewater Fund Electric Fund Capital Projects
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Finance Department Monthly Report June 2023
Item #15.
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Item #16.
DOVER FIRE DEPARTMENT
June 2023
FIRE CHIEFS REPORT
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Item #16.
Mayor and Council,
The Dover Fire Department responded to 149 calls in the month of June consisting of 857
personnel hours.
Members performed 22 hours of training consisting of 308 personnel hours. Total 1165
personnel hours for the month of June.
Crews responded to the following serious incidents:
Working fires
Trailer fire - Kentwood MHP, Dover
Trailer fire - Voshell's Mill Road and Star Hill Road, Camden
House fire - In the Church Creek Development, Magnolia
MVC With Entrapment
S. New Street and W. Water Street
Bank Lane and S Queen Street
Whiteoak Road and Garrison Oak Drive
Congratulations for completing the DSFS Fire Academy
Jaquin Gartney
Caleb Wilcox
Both members are now Nationally Certified as a Firefighter II.
Fire Prevention
Members assisted Dover PD with “A Day in Their Boots” on July 13th at Delaware State Fire
School.
Members provided fire protection at Legislative Hall and Bally’s during the July 4th Fireworks
events.
City Council Discretionary Funds
The Officer and Members of the fire department would like to take a moment to thank City
Council members for their continued support to the fire department.
Kent County
Kent County Levy Court turned down the funding request for Tyler Technologies, New World
Computer Aided Dispatch System. We are pursuing other avenues to fund this project.
State of Delaware
Senator Paradee and Representative Carson has provided funding of $110,000 for a new
breathing air system for our department. Our current system is 26 years old, and the compressor
needs mayor repair/replacement.
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Item #16.
Brush 1
Our new Brush truck that was purchased in 2022 by our State Representatives will be delivered
at the end of August.
Ladder 2 Replacement
The new ladder 2 should start production on the first of September with delivery in November.
All equipment has been ordered for the new Ladder truck at a cost of $170,000.
City of Dover
The Fire Chief attended the following:
Attended Fire Department Company and Board meeting
Attended the City Council meeting
Attended City of Dover Budget Meeting
Attended Fire Department Training
Attended Kent County Levy Court Meeting
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Item #16.
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Item #16.
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Item #16.
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Item #16.
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City of Dover Item #17.
Police Department
Monthly Report
june 2023
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Item #17.
DEPARTMENT OF POLICE
Thomas A. Johnson, Jr. 400 South Queen Street
Chief of Police Dover, Delaware 19904
302-736-7111
August 14, 2023
Honorable Robin Christiansen, Mayor
Members of Dover City Council
City Hall
Dover, DE 19901
Mayor Christiansen and Council Members:
The following is the monthly report of Dover Police Department activities for June:
COMPLAINTS/EVENTS
YTD Totals compiled through June numbered 20,746.
This represents an increase of 616 from the 20,130 reported over the same period in 2022.
25,000 20,746
20,504 20,130
18,965
20,000 16,378
15,000
10,000
5,000
0
2019 2020 2021 2022 2023
CRIMINAL INVESTIGATIONS
Burglary: 4 cases reported, 2 cases cleared and 0 cases cleared from previous months.
Robbery: 0 cases reported, 0 cases cleared and 0 cases cleared from previous months.
Sex Assault: 2 cases reported, 2 cases cleared and 3 cases cleared from previous months.
Homicide: 0 case reported, 0 cases cleared and 0 cases cleared from previous months.
There were 3 Non-Criminal Death Investigations, 3 cases cleared and 0 cases cleared from
previous months.
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Item #17.
DRUG, VICE, & ORGANIZED CRIME / STREET CRIMES UNIT ENFORCEMENT
Marijuana: 3,622.3 grams seized
Cocaine: 135.3 grams seized
Ecstasy: 18 doses seized
Prescription Pills: 0 doses seized
Heroin: 15.294 grams seized
Methamphetamine: 0 grams seized
Fentanyl: 0 grams seized
Other Rx Drugs: 0 grams/doses seized
Drug Proceeds: $5,597 seized
FIREARM SEIZURES/INSIDE CITY LIMITS
15
10 8
5 1
0 0 0 0 0 0 0 0 0 0
0
CI DVOC/STREET CRIMES PATROL SEU
HANDGUN RIFLE SHOTGUN
Firearms: 9 Handguns
TRAFFIC ENFORCEMENT
YTD Citation Totals compiled through June numbered 3,801.
This represents an increase of 422 from the 3,379 reported over the same period in 2022.
6,000
4,800
5,000
3,801
4,000
3,423 3,379
3,000 2,621
2,000
1,000
0
2019 2020 2021 2022 2023
TRAFFIC CRASHES: YTD = 1,229
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Item #17.
911 CENTER ACTIVITY
Total compiled during June numbered 8,220 calls.
This represents an increase of 259 from the 7,961 reported during the same period in 2022.
8,400
8,220
8,200
8,073
8,000 7,961
7,800
7,702
7,583
7,600
7,400
7,200
2019 2020 2021 2022 2023
CITY ORDINANCE SUMMONS
YTD Totals compiled through June numbered 1,252.
This represents a decrease of 484 from the 1,736 reported over the same period in 2022.
2,500 2,284
1,852 1,946
2,000 1,736
1,500 1,252
907
1,000 705
516 533
500 334
0
2019 2020 2021 2022 2023
ISSUED 2,284 1,852 1,946 1,736 1,252
PAID 907 705 516 334 533
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Item #17.
COMMUNITY POLICING
This proactive unit takes the lead on community engagement and supporting our community
organizations. They have administrative responsibilities and also support other departmental units,
such as patrol, during times of high work volumes or special operations with enforcement
activities. In addition to those duties, the unit accomplished the following in June:
MCpl. Garey attended the FBI-LEEDA Supervisory Leadership Institute
SGT Lynch attended First Responder Autism Training
PFC Aviles supplemented A Platoon during June
Addressed a parking dispute between neighbors on E. Wind Drive
Assisted Police Academy with officer orientation & recruit training (disabilities, ALLERT)
Conducted orientation for a newly hired Cadet.
Assisted the Motor Unit with Red Light Camera Trials & Traffic Court at JP-7
Addressed an issue with skateboarders at the property of the old Post Office
Participated in the “First Amendment Summit” – MCpl. Garey
Addressed a neighborhood dispute in Town Pointe
Participated in a special meeting with DBH management & DSAMH officials
K9 Roy visited the Special Olympics annual event at the University of Delaware
K9 Roy assisted with several Critical Incident Stress Management (CISM) debriefings
K9 Roy assisted Dover Parks and Recreation Silver Lake Fishing Tournament
K9 Roy visited the Whatcoat Church and made a presentation
K9 Roy attended the Growing Sprouts Early Learning Center Touch A Truck Event
Attended the PRIDE Day Celebration and Juneteenth activities
Addressed neighborhood disputes at 106 Tucket Circle, on S New St. & 233 Trafalgar Drive
Addressed a homeless situation on the properties of the Kent Budget Inn and Dover Library
Addressed homeless situations near 6 S. State St., 45 S. State St., 54 S. State St., 111 S. New
St., City Hall Parking Lot, Presbyterian Church on S. Governors, 89 Kings Highway
Community Response Vehicle deployed to Liberty Court
Participated in “Hero Day” at the Welch Elementary School (DAFB)
Participated in the Law Enforcement Community Engagement Network National Meeting
Planning for Faith and Blue Weekend began
Took enforcement action on a defiant trespass problem at the old Rite Aid, 245 N. DuPont
Attended a Habitat for Humanity meeting and their Resource Fair
Assisted the Governor’s security detail during a visit to a downtown neighborhood
Addressed an abandoned Bus along Silver Lake Blvd
Conducted property checks at 457 E. Water Street & 145 Kings Highway
Assisted Patrol Units during major incidents, high 911 call volume and/or low staffing
Continued foot patrols and traffic enforcement along Loockerman Street Corridor
Attended Field Day at South Dover Elementary School
Attended the Hamlet Home Owner’s Association meeting
Attended the Downtown Dover Partnership meeting
Contacted the Bridge Clinic for services to multiple homeless encampments
The Behavioral Health Unit made 25 field contacts and took official actions with 18 clients
who needed substance abuse or mental health care
Participated in the Dover Comic Con event
Participated in an event sponsored by the Union Baptist Church
Members of the CPU attend numerous meetings with community associations and organizations
as a part of our ongoing liaison relationships.
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Item #17.
CHIEF’S ADVISORY COMMITTEE
The Police Chief’s Advisory Committee (PCAC) is comprised of nine (9) diverse stakeholders
living/working in the City of Dover. It meets regularly to provide input/feedback to the Chief on the
various operations of the agency. June activity is as follows:
The Advisory Committee met on June 29, 2023. Ms. Donyale Hall accepted her invitation to
visit a meeting and contributed to discussions on the topic list.
The Youth Sub-Committee report was provided by Kayla Waweru who was attending her
last meeting. SuNora Lewis attended her first meeting as Kayla’s replacement. The SRO
video was shot on June 20th as scheduled by a member of the high school video team. It is on
schedule to be complete by the beginning of the school year.
Discussion about the impact of Marijuana legalization in Delaware continued with a focus on
employment issues for the Department. The Committee discussed potential recreational
Marijuana use by off-duty officers. The vast majority agreed that a continued zero-tolerance
policy was appropriate. They identified a community expectation that Officers should be
drug free for legitimacy and safety.
A summation of the responses received regarding the 2022 CALEA community survey was
introduced to the group. The Chief requested feedback on the content and quality of the
proposed responses to stakeholder comments. Copies were emailed to all committee
members. Discussion will resume in August.
The committee made plans to attend and support National Night Out on August 1, 2023. As
in past years, they will attempt to engage members of the community to evaluate police
services in Dover.
PROGRAMS AND INITIATIVES
The Public Information Officer is making plans for a Dover PD podcast series this fall.
Topics and format are under development but the general concept will be to provide public
information based on the 2022 Survey responses.
The Department continues to try different mechanisms to attract police recruits for our
increasing number of vacancies. With the support of Federal grant funds, a radio
advertisement was added to our social media and other engagement efforts. The assessment
date for the 2nd cycle is July 16, 2023.
Mr. Collin Chesley joined the Dover PD in June as a Police Cadet. We continue to struggle
to find qualified Cadet Candidates for this role. This latest addition brings us to a total of two
active members in a program authorized for six members.
We would also like to welcome Mr. Donald Edwards to the Emergency Communications
Center. Don brings experience from the Sussex County Center and is an active member of
the Fire/EMS community. We are cautiously optimistic that we will be able to fill all open
911 Dispatcher positions by the end of the year.
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Item #17.
Please visit our website at www.doverpolice.org for up to date information on crimes and
activities in the City of Dover.
Respectfully Submitted,
Thomas A. Johnson, Jr.
Chief of Police
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Item #23.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Public Works SUBMITTED ON: August 3, 2023
PREPARED BY: Mark Nowak, GISP, Public Works Director
REVIEWED BY: Dave Hugg, City Manager and Lori Peddicord, Controller / Treasurer
SUBJECT: Department of Public Works Fiscal Year 2023 Sanitation Vehicle Purchases
TIMETABLE: Purchase orders to be issued within seven (7) days of Council approval. Delivery of
vehicles will vary.
RELATED PROJECT: N/A
REFERENCE: CIP- Vehicles
EXPENDITURE REQUIRED: $637,991.68 (Breakdown provided in Background and Analysis)
AMOUNT BUDGETED: $674,800.00
FUNDING SOURCE (Dept./Page in CIP & Budget): Department of Public Works Sanitation
Division – Vehicle Replacement CIP page 108,
Replace 2015 Peterbilt Auto Trash Truck #443,
Vehicle Replacement CIP page 109,
Replace 2014 Kenworth Rear Loading Trash
Truck #449. Both vehicles have Account No.:
101-12-18-50-000-54023.
STAFF RECOMMENDATION:
Allow staff to purchase the two (2) vehicles in the Department of Public Works, #443 and #449.
Additionally, due to the volatile nature of the vehicle quotes and the lack of long-term price guarantees,
allow the City Manager to execute any overages up to 15% of provided costs.
BACKGROUND AND ANALYSIS:
The Fiscal Year 2024 Capital Investments Plan included two (2) Department of Public Works Sanitation
vehicles to be replaced. The first is a 2015 Peterbilt Auto Trash Truck, #443. The second is a 2014
Kenworth Rear Loading Trash Truck #449. The City engaged with an approved cooperative purchasing
company of Sourcewell to obtain quotes for said vehicles.
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Item #23.
Funding Description Current Quote Under Budget
Source Budget Amount
General – Vehicle #443 $429,800 $400,334.64 ($29,465.36)
Sanitation
General – Vehicle #449 $245,000 $237,657.04 ($7,342.96)
Sanitation
Total Under Budget ($36,808.32)
A portion of the amount under budget ($5,025) will supplement Sanitation pickup truck purchase that
came in over the budgeted amount within the same CIP account number.
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Item #24.
1. Definitions for Section 1:
“Fair market value” means, if a security, the quoted price as of January 1 of the year in
which the report is filed, or, if not a security, the price at which the public officer would sell as of
January 1 of the year in which the report is filed. 29 Del. C. § 5812(g).
“Instrument of ownership” includes, but is not limited to common or preferred stock,
rights, warrants, articles of partnership, proprietary interest, deeds, and debt instruments, if
convertible to equity instruments. 29 Del. C. § 5812(k).
“Business Enterprise” means corporation, partnership, sole proprietorship or any other
individual or organization carrying on a business or profession. 29 Del. C. § 5812(a).
“Position of management” means officer, director, partner, proprietor, or other managerial
position in a business enterprise. 29 Del. C. § 5812(l).
“Professional organization” means an individual engaged in, or an association organized
pursuant to, federal or State law for the practice of medicine, law, accounting, engineering, or
other profession. 29 Del. C. § 5812(m).
“Constructively controlled” means:
(a) a financial interest in the name of another which is controlled by a public officer by
virtue of any relationship of the public officer to another person which directly
benefits the public officer;
(b) any financial interest of a public officer held jointly with the spouse or child of such
public officer;
(c) any financial interest of the spouse or minor child of a public officer. 29 Del. C. §
5812 (d).
“Time or demand deposits” means checking and savings accounts in banks or deposits or
share in savings and loan institutions, credit unions, or money market funds. 29 Del. C. §
5812(p).
“Debt Instrument” means bonds, notes, debentures, mortgages, or other securities having a
fixed yield if not convertible to equity instruments. 29 Del. C. § 5812(e).
“Equity instrument” means any ownership interest in a corporation or other legal entity
giving the rights to the holder upon liquidation of the entity. 29 Del. C. § 5812(f).
2. Definitions of terms in the remaining sections are in those sections.
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Item #24.
FINANCIAL DISCLOSURE REPORT
(Chapter 30 – Code of Conduct and Ethics Commission)
NAME:
BUSINESS ADDRESS:
POSITION:
Section 1. (See instruction sheet for definitions of underlined terms). Report any legal or equitable ownership
in excess of $5,000 fair market value or from which income of more than $5,000 was either derived during the
preceding calendar year or might reasonably be expected to be derived during the current calendar year, in the
following:
(A) Instruments of Ownership: (This includes retirement accounts, 401K, IRA, etc. Do not include dollar
amounts. List name of company, instrument and nature of ownership, e.g., Fidelity, mutual fund, shareholder;
IBM, stock, shareholder).
(B) Business Enterprise: (This includes corporations, sole proprietorships, and partnerships. List name, type of
ownership & any position of management, e.g., JW Foods, partnership, director)
(C) Professional Organization: (This includes, but is not limited to, law firms, accounting firms, engineering firms.
List the name, address, type of professional practice (do not identify individual clients), & any position of
management, e.g., ABC Law Firm, 123 Public Rd., Dover, DE, legal services, partner)
(D) Any of the preceding which are constructively controlled. (e.g., ABC Mutual funds, trustee for minor child).
DO NOT LIST: Time or demand deposits (includes checking or savings accounts) or a debt instrument (CDs)
with a fixed yield unless convertible to an equity instrument.
Section 2. List each creditor to whom you were indebted for 90 or more consecutive days during the preceding
calendar year in an aggregate amount in excess of $1,000. Do not list the amount owed.
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Item #24.
Section 3. If any of the following were received during the preceding calendar year, or reasonably expected to be
received during the current calendar year, list the source.
A. Any income (including income from the State) for services rendered exceeding $1,000 from a single
source, unless reported in Section 1. (“Income for services rendered” includes salary, wages, consulting
fees and professional services.)
B. Any capital gain exceeding $1,000 from a single source other than the sale of a residence occupied by
the public officer. (“Capital gain” means gains that are reported under Internal Revenue Services laws.)
C. Any reimbursement for expenditures exceeding $1,000 from a single source; (“Reimbursement for
expenditures” means payments to a public officer for expenses incurred by the public officer.)
D. Any honoraria; (“Honoraria” means fees received for speeches, written articles, and participating in
discussion groups and similar activities. It does not include reimbursement for expenses.)
E. Any gift with a value in excess of $250 from any person. Identify the amount of each gift.(“Gift” means:
payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of
value unless consideration of equal or greater value is received. “Gift” is not: (1) political contributions
otherwise reported as required by law; (2) commercially reasonable loans made in the ordinary course of
business; or (3) gifts from: spouse; relatives of the public officer or public officer’s spouse within the 3rd
degree of consanguinity; or the spouse of any such relative.)
F. ELECTED OFFICIAL DISCLOSURE FORM INPUT
Disclose the name and address of every non-profit organization, civic association, community
association, foundation, maintenance organization, or trade group incorporated in the State or having
activities in the State, or both, of which you are a council member or board member.
TYPE: NAME: ADDRESS:
Section 4. Data in this report is provided as of ______________________________________.
(Date)
I HEREBY CERTIFY that I have read the foregoing report, and that, to the best of my knowledge and belief, it is
true, correct, and complete. I further certify that I have not and will not hereafter transfer any assets, interests or
property while retaining an equitable interest therein for the purpose of concealing said assets, interests or
property from disclosure.
____________________________________
Signature
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Item #24.
CITY OF DOVER ORDINANCE #2017-14
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 30, Code of Conduct and Ethic Commission, be amended to read as follows:
Chapter 30 - STANDARDS OF ETHICAL CONDUCT AND ETHICS COMMISSION
ARTICLE I. – IN GENERAL
Sec. 30-1. - Applicability.
This chapter shall be applicable to all elected and appointed officials and all employees of the city.
Sec. 30-2. – Statement of intent and purpose.
(a) Intent. The proper operation of democratic government requires that public officials and
employees be independent, impartial, and responsible to the people; that governmental
decisions and policies be made in the proper channels of the governmental structure; that
public office not be used for personal gain; and that the public has confidence in the integrity
of its government. It is the intent of the city that all elected and appointed officials and all
employees of the city adhere to high levels of ethical conduct, honesty, integrity and
accountability to assure that the public has confidence in all aspects of city government and
the city officials that exercise discretionary powers. These standards of ethical conduct are
intended to uphold the public trust in the persons in positions of public responsibility who
are acting for the benefit of the public. All elected and appointed officials and all employees
of the city shall comply with both the letter and the spirit of the standards of ethical conduct
and strive to avoid situations that create impropriety or the appearance of impropriety. The
standards define and discourage certain actions that may create impropriety or the
appearance of impropriety that undermine public trust in elected and appointed public
officials and employees.
(b) Purpose. The standards of ethical conduct should promote public confidence in the integrity
of city officials; state principles of conduct and ethics which are to be applied in public
service; inform the public of the standards to which their city officials are expected to
adhere; and help motivate city officials and public employees to pursue productive conduct
and ethical ideals which exceed minimum standards. The city council finds and declares as
matters of public policy goals and objectives for all city employees and elected and
appointed officials, the following:
(1) Public trust. In our democratic form of government, the conduct of officials and
employees of the city must hold the respect and confidence of the people. They must,
therefore, avoid conduct which is in violation of their public trust or which creates
a justifiable impression among the public that such trust is being violated.
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Item #24.
Ordinance #2017-14 - Chapter 30, Code of Conduct and Ethics Commission Page 2
(2) Standards. To ensure propriety and to preserve public confidence, officials and
employees of the city must have the benefit of specific standards to guide their
conduct and disciplinary mechanisms to guarantee uniform maintenance of those
standards. Some standards of this type are so vital to government that violation
thereof should subject the violator to criminal penalties.
(3) Public service. In our democratic form of government, it is both necessary and
desirable that all citizens should be encouraged to assume public office and
employment, and that, therefore, the activities of officials and employees of the city
should not be unduly circumscribed.
(4) Performance of duty. Elected city officials are obligated to uphold the fundamental
legal principles of our system of government, as set forth in the United States
Constitution, the state constitution, and the city Charter, as well as all applicable
provisions of federal, state and local law and court decisions. They are bound to do
so, and the failure to so act shall constitute malfeasance in office.
(5) Fairness. City officials and employees shall strive for the highest standard of fairness
in all of their activities and shall not grant any special consideration, treatment, or
advantage to any citizen beyond that which is available to every other citizen.
(6) Use of private information. In the course of their official responsibilities, city
officials and employees are often privy to categories of information which are of a
private nature and are legally protected from public disclosure. City officials and
employees shall maintain the privacy of such information, and they shall not take
advantage of such information for personal gain, or the personal gain of friends or
family.
(Code 1981, § 2-8; Ord. of 7-13-1998)
Sec. 30-3. – Acknowledgment of policies; required disclosures, and required annual training.
In order for the mayor, councilmembers, mayoral and council appointees, and city employees to
better serve the constituents of the City of Dover in an open, transparent fashion and to further be
held accountable, the following actions shall be taken by each of the designated persons:
(a) Acknowledgment of policies. Each elected and appointed official and all city employees
shall be furnished copies of Chapter 30 – Standards of Ethical Conduct and Ethics
Commission, either electronically or, if requested, in hard copy, before entering upon the
duties of their office or employment and shall sign a written acknowledgment of receipt of
the copy. The documents shall be read, reviewed, and signed by all appointees by the time
of their appointment or re-appointment.
(b) Financial disclosure report. Any city employee or elected or appointed official who has a
financial interest in any private enterprise which is subject to the regulatory jurisdiction of,
or does business with, any city agency (and any city official who has a financial interest in
any private enterprise which is subject to the regulatory jurisdiction of, or does business
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Item #24.
Ordinance #2017-14 - Chapter 30, Code of Conduct and Ethics Commission Page 3
with, the city agency on which he serves as an appointee) shall file a financial disclosure
report with the ethics commission fully disclosing the same. Such disclosure shall be
confidential and the ethics commission shall not release such disclosed information, except
as may be necessary for the enforcement of this chapter. The filing of such financial
disclosure report shall be a condition of commencing and continuing employment or
appointed status with the city. The financial disclosure report shall be submitted by August
1st of each calendar year.
(c) Disclosure of interest in legislation.
(1) A councilman who has a financial or other private interest in any legislation shall
disclose on the records of the council or other appropriate authority the nature and
extent of such interest. This provision shall not apply if the councilman disqualifies
himself from voting on such legislation.
(2) Any other city official or employee who has a financial or other private interest in
any legislation and who participates in discussion with or gives an official opinion
to the council shall disclose on the records of the council or other appropriate
authority the nature and extent of such interest.
(3) Any city employee or city officer who has a financial interest in any private
enterprise which is subject to the regulatory jurisdiction of, or does business with,
any city agency, shall file with the ethics commission a written statement fully
disclosing the same. Such disclosure shall be confidential and the ethics commission
shall not release such disclosed information, except as may be necessary for the
enforcement of this subchapter. The filing of such disclosure statement shall be a
condition of commencing and continuing employment or appointed status with the
city.
(d) Required annual training. All city employees and elected and appointed officials shall
undergo and receive annual training on the City of Dover's ethics policies and procedures.
Sec. 30-4. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Close relative means a person's parents, spouse, children (natural or adopted), and siblings
of the whole and half-blood.
Commission and ethics commission mean the city ethics commission as established by this
chapter.
Compensation means any money, thing of value, or any other economic benefit of any kind
or nature whatsoever conferred on or received by any person in return for services rendered
or to be rendered by the official or employee, or by another.
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Item #24.
Ordinance #2017-14 - Chapter 30, Code of Conduct and Ethics Commission Page 4
Employee includes all persons who receive compensation as an employee of the city or a city
agency, and shall not include persons that are elected or appointed to serve as mayor, city
councilmember or a member of any city committee, commission or board, whether paid or
unpaid.
Financial interest. A person has financial interest in a private enterprise if:
(1) He has a legal or equitable ownership interest in the enterprise of more than ten
percent (one percent or more in the case of a corporation the stock of which is
regularly traded on an established securities market);
(2) He is associated with the enterprise and received from the enterprise during the last
calendar year, or might reasonably be expected to receive from the enterprise during
the current or the next calendar year, income in excess of $5,000.00 for services as
an employee, officer, director, trustee, or independent contractor; or
(3) He is a creditor of a private enterprise in an amount equal to ten percent or more of
the debt of that enterprise (one percent or more in the case of a corporation the
securities of which are regularly traded on an established securities market).
Matter means an application, petition, request, business dealing, contract, subcontract, or any
other transaction of any sort with the city.
Official means any elected or appointed official of the city and all members of any
committee, commission or board appointed by the mayor of the city or appointed by the city
council.
Official responsibility means any direct administrative or operating authority at any level,
either exercisable alone or with others, either personally or through subordinates, to approve,
disapprove, recommend or otherwise direct action on behalf of the city.
Personal or private interest means an interest in a matter which tends to impair the
independent judgment of an official or employee in the performance of his duties with
respect to that matter.
Private enterprise means any activity conducted by any person, whether conducted for profit
or not for profit, and includes the ownership of real or personal property. The term "private
enterprise" does not include any activity of the city, of any political subdivision, or of any
agency, authority, or instrumentality thereof.
Public official. All elected and appointed officials and all employees of the city.
Sec. 30-5 – 30-19. – Reserved.
(Code 1981, § 2-9; Ord. of 7-13-1998)
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Item #24.
Ordinance #2017-14 - Chapter 30, Code of Conduct and Ethics Commission Page 5
ARTICLE II. – STANDARDS OF ETHICAL CONDUCT.
Sec. 30-20. – Established.
High ethical standards among public officials and employees are essential to gain and maintain the
confidence of the people, because such confidence is essential to the conduct of free government.
Public officials and employees are agents of the people and hold office for the benefit of the public.
They are bound to observe in their official acts the highest standards of morality and to discharge
faithfully and impartially the duties of their offices, regardless of personal considerations,
recognizing that the public interest must be their primary concern. Their conduct in both their
official and private affairs should be above reproach. These standards of ethical conduct are adopted
in order to secure this desired high level of public trust, ensure the impartiality of public officials
and employees, and impose standards of accountability.
(a) General responsibilities of officials and employees.
(1) Officials and employees have the common obligation of serving the public. In
performing their duties, they shall treat the public and each other with respect,
concern, and responsiveness, recognizing that their common goal of exceptional
public service can only be achieved by working together. Disputes that arise among
public servants shall be resolved at the lowest possible level; keeping in mind that
public money spent on resolving these disputes is money not spent on important
public needs.
(2) Officials and employees shall treat their position as a public trust, with a fiduciary
duty to use the powers and resources of public office only to advance the public
interest and not to obtain personal benefits or pursue private interests.
(3) Officials and employees shall conduct themselves in a manner that justifies the
confidence placed in them by the people, at all times maintaining the integrity and
discharging ethically the high responsibilities of public service.
(4) Full disclosure of real or potential conflicts of interest shall be a guiding principle
for determining appropriate conduct. At all times, reasonable efforts shall be made
to avoid undue influence and abuse of office in public service.
(5) No official or employee may request or receive, and no person may offer any money,
thing of value or promise thereof, other than any city pay received, that is
conditioned upon or given in exchange for promised performance of an official act.
(b) Appearance of violation. Each city employee and official shall endeavor to pursue a course
of conduct which will not raise suspicion among the public that he is engaging in acts which
are in violation of his public trust and which will not reflect unfavorably upon the city and
its government.
(c) Private interest; gifts. No city employee or official shall have any interest in any private
enterprise, nor shall he incur any obligation of any nature which is in substantial conflict
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with the proper performance of his duties in the public interest. No city employee or official
shall accept other employment, any compensation, gift, payment of expenses or any other
thing of monetary value under circumstances in which such acceptance may result in any of
the following:
(1) Impairment of independence of judgment in the exercise of official duties;
(2) An undertaking to give preferential treatment to any person;
(3) The making of a governmental decision outside official channels; or
(4) Any adverse effect on the confidence of the public in the integrity of the government
of the city.
(d) Interest in private enterprise. No city employee or official shall acquire a financial interest
in any private enterprise which he has reason to believe may be directly involved in
decisions to be made by him in an official capacity on behalf of the city.
(e) Prohibitions relating to conflicts of interest. No councilman or other official or employee,
whether paid or unpaid, shall engage in any business or transaction or shall have a financial
or other personal interest, direct or indirect, which is incompatible with the proper discharge
of his official duties in the public interest or would tend to impair his independence of
judgment or action in the performance of his official duties. Personal as distinguished from
financial interest includes an interest arising from blood or marriage relationships or close
business or political association provided, that upon request from any person with official
responsibility with respect to the matter, any such person who has such a personal or private
interest may nevertheless respond to questions concerning any such matter.
(1) Restrictions on exercise of official authority.
a. Prohibited participation. No city employee or official may participate on
behalf of the city in the review or disposition of any matter pending before
the city in which he has a personal or private interest, provided that, upon
request from any person with official responsibility with respect to the
matter, any such person who has such a personal or private interest may
nevertheless respond to questions concerning any such matter. A personal or
private interest in a matter is an interest which tends to impair a person's
independence of judgment in the performance of his duties with respect to
that matter.
b. Impairment of judgment. A person has an interest which tends to impair his
independence of judgment in the performance of his duties with respect to
any matter when:
i. Any action or inaction with respect to the matter would result in a
financial benefit or detriment to accrue to the person or a close
relative to a greater extent than such benefit or detriment would
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accrue to others who are members of the same class or group of
persons; or
ii. The person or a close relative has a financial interest in a private
enterprise which enterprise or interest would be affected by any
action or inaction on a matter to a lesser or greater extent than like
enterprises or other interests in the same enterprise.
c. Statutory responsibility. In any case where a person has a statutory
responsibility with respect to action or inaction on any matter where he has
a personal or private interest and there is no provision for the delegation of
such responsibility to another person, the person may exercise responsibility
with respect to such matter, provided that, promptly after becoming aware of
such conflict of interest, he files a written statement with the ethics
commission, fully disclosing the personal or private interest and explaining
why it is not possible to delegate responsibility for the matter to another
person.
(2) Restrictions on representing another's interest before the city.
a. Prohibited. No city employee or official may represent or otherwise assist
any private enterprise with respect to any matter before the city.
b. Exception. This subsection shall not preclude any city employee or official
from appearing before the city or otherwise assisting any private enterprise
with respect to any matter in the exercise of his official duties.
(3) Restriction on contracting with the city.
a. Prohibited. No city employee or official shall benefit from any contract with
the city, nor solicit any contract, and shall not enter into any contract with the
city (other than an employment contract).
b. Ownership of enterprise. No private enterprise in which a city employee or
official has a legal or equitable ownership of more than ten percent (more
than one percent in the case of a corporation the stock of which is regularly
traded on an established securities market) shall enter into any contract with
the city (other than an employment contract) unless such contract was made
or let after public notice and competitive bidding.
(f) Postemployment restrictions. No person who has served as a city employee or official shall
represent or otherwise assist any private enterprise on any matter involving the city, for a
period of two years after termination of his employment or elected or appointed status with
the city, if he gave an opinion, conducted an investigation or otherwise was directly and
materially responsible for such matter in the course of his official duties as a city employee
or official, nor shall any former city employee or official disclose confidential information
gained by reason of his public position, nor shall he otherwise use such information for
personal gain or benefit.
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(g) Unauthorized disclosure of confidential information. No person shall disclose any
information required to be maintained confidential by the ethics commission under section
30-3(b), 30-73, or 30-74.
(h) Abuse of office.
(1) Political contributions. No elected city official shall agree to sponsor legislation, or
to influence in any manner the formulation or passage of legislation, in exchange for
political contributions or promises thereof.
(2) Substantial interest. No elected city official shall vote for, or promote in any manner
whatsoever, legislation affecting any subject matter in which he has a substantial
interest. Any such interest shall be disclosed by said elected official prior to a vote
on any such legislation, and said elected official shall vote "abstain" when called
upon to vote.
(3) Use of city property. No city official or employee shall request or permit the use of
city-owned vehicles, equipment, materials, or property for personal convenience or
profit, except when such services are available to the public generally or are provided
for the use of such official or employee in the conduct of official business as a matter
of municipal policy.
(4) Personal gain. No city official or employee shall utilize the influence of his office
or position for personal pecuniary gain, or to avoid the legal consequences of his
personal conduct.
(i) Criminal sanctions.
(1) Penalties. Any person who knowingly or willfully violates any provision of this
section shall be guilty of a misdemeanor, punishable for each such violation by
imprisonment of not more than one year and by a fine as provided for in Appendix
F—Fees and Fines.
(2) Time limitations. A prosecution for a violation of this section shall be subject to the
time limitations of 11 Del. C. § 205.
(j) Contracts voidable by court action. In addition to any other penalty provided by law, any
contract entered into by any city agency in violation of this chapter shall be voidable by the
city agency; provided that in determining whether any court action should be taken to void
such a contract pursuant to this subsection, the city agency shall consider the interests of
innocent third parties who may be damaged thereby. Any court action to void any
transaction must be initiated within 30 days after the city agency involved has, or should
have, knowledge of such violation.
(k) Private gain. No city employee or official shall use his public office to secure unwarranted
privileges, private advancement or gain.
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(l) Confidential information; prohibited activity. No city employee or official shall engage in
any activity beyond the scope of his public position which might reasonably be expected to
require or induce him to disclose confidential information acquired by him by reason of his
public position.
(m) Disclosure of information. No city employee or official shall, beyond the scope of his public
position, disclose confidential information gained by reason of his public position, nor shall
he otherwise use such information for personal gain or benefit.
(n) Ex Parte Communications. No official or employee shall encourage, make or accept any ex
parte or other unilateral application or communication that excludes the interests of other
parties in a matter under consideration when such application or communication is designed
to influence official decision or conduct of the official or other officials, employees or
agencies in order to obtain a more favored treatment or special consideration to advance the
personal or private interests of himself or herself or others. The purpose of this provision is
to guarantee that all interested parties to any matter shall have equal opportunity to express
and represent their interests.
Any written ex parte communication received by an official or employee in matters where
all interested parties should have equal opportunity for a hearing shall be made part of the
record by the recipient.
Any oral ex parte communication received under such conditions should be written down
in substance by the recipient and also made a part of the record.
A communication concerning only the status of a pending matter is not regarded as an ex
parte communication.
(o) Sexual favors. No city employee or official, in the course of his public responsibilities, shall
use the granting of sexual favors as a condition, either explicit or implicit, for an individual's
favorable treatment by that person or a city agency.
(Code 1981, § 2-11; Ord. of 7-13-1998)
Secs. 30-21—30-70. - Reserved.
ARTICLE III. - ETHICS COMMISSION
Sec. 30-71. - Established; composition; removal; te rms of office; vacancies; chairperson;
quorum; compensation; legal counsel.
(a) Established; composition; removal. The city ethics commission is hereby established to
administer and implement this chapter. The ethics commission shall consist of five members
appointed by the mayor and confirmed by the city council. No member of the commission
shall hold any elected or appointed office under the government of the United States or the
state, county, or city. Members of the ethics commission may be removed by the mayor,
with the concurrence of the city council, for substantial neglect of duty, gross misconduct
in office or a violation of this chapter.
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(b) Terms of office; vacancies. A member of the ethics commission shall be appointed for a term
of office of five years and until his successor has been appointed and has qualified. The
members shall be appointed for staggered terms of office, and until their successors have
been appointed. When a vacancy occurs in the membership of the ethics commission, it shall
be filled by appointment for the unexpired portion of the term in the same manner as the
original appointment.
(c) Chairperson; quorum. The ethics commission shall elect a chairperson from among its
membership. Three members of the ethics commission shall constitute a quorum and, if a
quorum is present, a vacancy on the ethics commission shall not impair the right of the
remaining members to exercise all the powers of the ethics commission. Disciplinary
hearings may be conducted and sanctions may be imposed only by the affirmative action of
at least three members; otherwise, the ethics commission may delegate authority to the
chairperson to act for the ethics commission between meetings.
(d) Compensation. Members of the ethics commission shall receive no compensation.
(e) Legal counsel. The city solicitor shall provide legal counsel to the ethics commission and
shall be the legal representative of the ethics commission in connection with its duties
hereunder, on a case-by-case basis, or determine that outside counsel is needed and obtain
such outside counsel for a particular matter.
(Code 1981, § 2-13; Ord. of 7-13-1998; Ord. No. 2010-23, 8-23-2010)
Sec. 30-72. - Powers and duties.
(a) The powers and duties of the ethics commission shall be:
(1) Standards of ethical conduct. To recommend to the mayor and council, from time
to time, such rules of conduct for public employees and officials as it shall deem
appropriate.
(2) Advisory opinions. To issue written advisory opinions, upon the request of any city
employee or official, as to the applicability of this chapter to any particular factual
situation.
(3) Referrals to solicitor. To refer to the city solicitor for investigation any alleged
violation of this chapter and, after notice and hearing, to recommend such
disciplinary action as it may deem appropriate to such appropriate official or agency
as the ethics commission shall determine, or to take such other disciplinary action
as authorized by section 30-73(o) or other provisions of the city Charter or this Code.
The ethics commission may dismiss, without reference to the city solicitor, any
complaint which the ethics commission determines is frivolous or fails to state a
violation.
(4) Report of crimes. To report to the appropriate federal, state or city authorities any
substantial evidence of a violation of any criminal law which may come to its
attention in connection with any proceeding, whether advisory or disciplinary.
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(5) Records. To maintain a file of its proceedings, waiver decisions and advisory
opinions with a view toward achieving consistency of opinions and
recommendations subject to the confidentiality requirements of sections 30-74 and
30-73(s).
(6) Procedures. To follow the procedural rules specified in section 30-73 and to
establish such other procedural rules as shall be consistent with the rules prescribed
therein.
(7) Witnesses, evidence. To subpoena witnesses, compel their attendance and testimony,
administer oaths and affirmations, take evidence and require, by subpoena, the
production of books, papers, records or other evidence needed for the performance
of the ethics commission's duties or exercise of its powers.
(8) Assistance to city personnel. To provide assistance to any city employee, official or
agency in administering the provisions of this chapter.
(9) Provide information. To prepare any necessary reports and studies to advance the
purpose of this chapter, to provide any necessary materials explaining the duties of
individuals covered by this chapter, and to supply instructions and public information
materials to facilitate compliance with, and enforcement of, this chapter.
(10) Request city agencies for assistance. To request appropriate city agencies to provide
such professional assistance as it may require in the discharge of its duties.
(Code 1981, § 2-14; Ord. of 7-13-1998)
Sec. 30-73. – Rules of procedure; complaints; hearings; dispositions.
(a) Any person, either personally or on behalf of an organization or governmental body, may
file a sworn complaint for the ethics commission with the city clerk. The complaint must be
in writing, be signed, and show the address of the person who submitted it. The complaint
must state that, to the best of the person's knowledge, information, and belief formed after
reasonable reflection, the information in the complaint is true. The complaint must describe
the facts that constitute the violation of the standards of ethical conduct in sufficient detail
so that the ethics commission and the person who is the subject of the complaint can
reasonably be expected to understand the nature of any offense that is being alleged. The
commission may request any additional information deemed necessary to screen the
complaint or to render a decision. No complaints shall be accepted or considered which
relate to actions that took place more than one (1) year prior to the date of filing. The
individual filing the sworn complaint has sixty (60) days from the date that the issue is
brought to his or her attention to file a complaint.
(b) After the sworn complaint has been filed, none of the parties or their representatives may
communicate on an ex parte basis with any commission members pertaining to the
complaint. All communications pertaining to the complaint shall be submitted to the city
clerk.
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(c) Within seven (7) days of receiving a sworn complaint the city clerk shall send copies of the
complaint to each member of the ethics commission, the city solicitor, and the official or
officials against whom such complaint has been filed. Hereinafter, the complaining party
shall be referred to as the "complainant" and the official against whom a complaint has been
lodged shall be referred to as the "respondent."
(d) The commission recognizes that distribution to the public of a sworn complaint prior to
screening by the commission as required below could harm the reputation of an innocent
person and is contrary to the public interest; therefore, the public release of the complaint
is prohibited until the screening process has been completed. The commission shall consult
in confidence to screen the complaint within fourteen (14) days of receiving the complaint.
The commission may immediately dismiss a complaint if:
(1) It has no jurisdiction; or
(2) The alleged violation, if true, would not constitute a violation of the standards of
ethical conduct; or
(3) The alleged violation is a minor or de minimis violation; or
(4) The complaint is, on its face, frivolous, groundless, or brought for purposes of
harassment; or
(5) The matter has become moot because the person who is the subject of the complaint
is no longer an officer, official or employee; or
(6) The respondent had obtained an advisory opinion under section 30-74(c) permitting
the conduct; or
(7) The appointing authority of the respondent has already taken action as a result of
finding a violation and the commission believes the action was appropriate.
(e) In issues regarding standards of ethical conduct violations, the enforcement process is
intended to be corrective rather than remedial unless the violation is a repeated offense. In
the event the ethics commission determines a standards of ethical conduct violation has
occurred, and it is minor in nature, with the concurrence of the complainant and the subject
of the sworn complaint, the commission may dispense with the hearing process and conduct
a more informal mediation process in lieu of a hearing.
(f) If the sworn complaint is not dismissed or otherwise resolved pursuant to subsection
30-73(d), the city clerk shall promptly contact the members of the ethics commission, the
city solicitor, the complainant, and the respondent in order to ascertain a date and time when
a hearing can be convened on such complaint. As soon as a date and time have been agreed
upon for a hearing before the ethics commission, the city clerk shall send written notice of
such scheduling and a copy of the rules of procedure to the complainant and to the
respondent. No copies of the complaint shall be provided to any other parties before the
respondent receives the complaint. The city solicitor shall be the prosecuting attorney in all
disciplinary proceedings before the ethics commission. In any such investigation or
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proceeding, a defendant shall be given an opportunity to be heard after notice, to be advised
and assisted by legal counsel, to produce witnesses and offer evidence, and to cross examine
witnesses. A transcript of any such proceeding shall be made and retained, subject to the
confidentiality requirements of this chapter.
(g) The commission may dismiss a complaint if the complainant does not appear at the hearing
and if, in the opinion of the commission, it would be unfair to the respondent not to have the
opportunity to examine the complainant.
(h) As promptly as possible after the close of the hearing, the commission shall deliberate to
determine if the allegations have been proven by clear and convincing evidence. Only ethics
commission members who have been present for the hearing may participate in the
deliberations, and any findings and recommendations must be adopted by a majority of the
commission. The commission may consider, when making findings and recommendations,
the severity of the offense, the presence or absence of any intention to conceal, deceive, or
mislead, whether the violation was deliberate, negligent or inadvertent, and whether the
incident was isolated or part of a pattern.
(i) Within seven days of the conclusion of deliberations, the commission shall issue an order
setting forth its findings and recommendations. In the alternative, the commission where it
deems it appropriate, may issue an advisory opinion in lieu of making findings and
recommendations.
(j) If the respondent is an employee, the commission may, if it determines corrective action is
necessary, notify the city manager or the council president and recommend that action be
taken, including discipline.
(k) If the respondent is a city official, the commission may propose actions to the city council
that are appropriate to the finding as specified in section 30-73(o).
(l) The commission shall send a written copy of its findings and recommendations to the
respondent and the complainant.
(m) Proceeding relating to member. A member of the ethics commission shall be ineligible to
participate, as a member of the ethics commission, in any ethics commission proceeding
relating to his conduct. A member of the ethics commission who has been found by the
ethics commission to have violated this chapter shall be ineligible to serve again as a
member of the ethics commission.
(n) Self-disqualification. A member of the ethics commission may disqualify himself from
participating in any investigation of the conduct of any person upon submission, in writing
and under oath, of an affidavit or disqualification stating that he cannot render an impartial
and unbiased decision in the case in which he seeks to disqualify himself.
(o) Actions by ethics commission. With respect to any violation with which a person has been
charged and which the ethics commission has determined as proved, the ethics commission
may take any one or more of the following actions:
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(1) Reprimand. Issue a written reprimand or censure of that person's conduct.
(2) Discipline. With respect to a city employee, remove, suspend, demote or take other
appropriate disciplinary action with respect to that person, without regard to any
limits imposed by this chapter, but within the limits of the constitution, the laws of
the state, the Charter of the city, and ordinances and existing collective bargaining
agreements.
(3) Recommend removal. With respect to an appointed official, recommend that
appropriate action be taken to remove the official from the appointed position.
(4) Recommend fine. With respect to an elected city official, recommend that such
official be fined in an amount recommended by the ethics commission.
(p) Rights of person charged. In any proceeding before the ethics commission, upon the request
of any person charged with a violation of this chapter, such person shall be permitted to
inspect, copy or photograph books, papers, documents, photographs or other tangible objects
which will be used as evidence against that person in a disciplinary hearing and which are
material to the preparation of his defense.
(q) Exculpatory information. In any proceeding before the ethics commission, if the city
solicitor or ethics commission at any time receives any exculpatory information concerning
an alleged violation against any person, it shall forthwith make such information available
to such person.
(r) Subpoenas. Any person charged with a violation of this chapter may apply to the ethics
commission for the issuance of subpoenas for the appearance of witnesses and for the
production of documents on his behalf. The application shall be granted upon a concise
showing by such person that the proposed testimony or evidence is relevant (or is reasonably
calculated to lead to the discovery of relevant evidence) and is not otherwise available. The
application shall be denied if not made at a reasonable time or if the testimony or evidence
would be merely cumulative.
(s) Confidentiality of proceedings.
(1) City employee. All proceedings before the ethics commission relating to a violation
of this chapter by a city employee shall be maintained confidential by the ethics
commission, unless:
a. Public disclosure is requested, in writing, by the person charged; or
b. The ethics commission determines after a hearing that a violation has
occurred.
(2) City official. All proceedings before the ethics commission relating to a violation of
this chapter by a city official, appointed or elected, shall be maintained confidential
by the ethics commission, unless:
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a. Public disclosure is requested, in writing, by the person charged; or
b. The ethics commission determines after a hearing that a violation has
occurred.
(t) Appeals; public inspection. Notwithstanding the confidentiality requirements of subsections
(s)(1) and (2) of this section, the ethics commission shall make available for public
inspection the record of all proceedings relating to any decision of the ethics commission
which is appealed to the superior court and the ethics commission shall report to appropriate
federal, state and/or city authorities any substantial evidence of a violation of any criminal
law which comes to its attention in connection with any proceeding under this chapter.
(u) Confidentiality procedures. The chairperson of the ethics commission shall, with the
approval of the ethics commission, establish such procedures as, in the chairperson's
judgment, may be necessary to prevent the disclosure of any record of any proceedings or
other information received by the ethics commission, except as permitted by this chapter.
Sec. 30-74. - Waivers of restrictions and advisory opinions.
(a) Authority of ethics commission. Notwithstanding the provisions of section 30-20, upon the
written request of any city agency or of any individual who is or was a city employee or city
official, the ethics commission may grant a waiver to the specific prohibitions contained
therein if the ethics commission determines that the literal application of such prohibition
in a particular case is not necessary to achieve the public purposes of this chapter or would
result in an undue hardship on any employee or official. Any such waiver may be granted
only by written decision of the ethics commission. Any person who acts in good faith
reliance upon any such waiver decision shall not be subject to discipline or other sanction
hereunder with respect to the matters covered by the waiver decision, provided there was a
full disclosure to the ethics commission of all material facts necessary for the waiver
decision.
(b) Waiver information confidential; exceptions. Any application for a waiver, any proceeding
and any decision with respect thereto shall be maintained confidential by the ethics
commission, provided that:
(1) Applicant's request. Public disclosure shall be made by the ethics commission upon
the written request of the applicant;
(2) Violations. The ethics commission may make such public disclosure as it determines
is required in connection with the prosecution of any violation of this chapter;
(3) Evidence of crime. The ethics commission shall report to appropriate federal, state
and/or city authorities substantial evidence of any criminal violation which may
come to its attention; and
(4) Public record. In the event that a waiver is granted, the waiver decision and the
record of all proceedings relating thereto shall be open to public inspection.
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(c) Advisory opinion authorized. Upon the written request of any city employee or official, the
ethics commission may issue an advisory opinion as to the applicability of this chapter to
any particular fact or situation. Any person who acts in good faith reliance upon any such
advisory opinion shall not be subject to discipline or other sanction hereunder with respect
to the matters covered by the advisory opinion, provided there was a full disclosure to the
ethics commission of all material facts necessary for the advisory opinion.
(d) Advisory opinion confidential; exceptions. Any application for an advisory opinion, any
proceeding and any decision with respect thereto shall be maintained confidential by the
ethics commission, provided that:
(1) Applicant's request. Public disclosure shall be made by the ethics commission upon
the written request of the applicant;
(2) Violations. The ethics commission may make such public disclosure as it determines
is required in connection with the prosecution of any violation of this article; and
(3) Evidence of crime. The ethics commission shall report to appropriate federal, state
and/or city authorities substantial evidence of any criminal violation which may
come to its attention.
(Code 1981, § 2-12; Ord. of 7-13-1998)
Sec. 30-75. - Judicial review.
In the event that the ethics commission finds that any person has violated any provision of this
chapter, said person shall have a right of appeal to the superior court of any such finding, and of any
sanctions imposed with respect thereto, by filing a notice of appeal with the superior court within
30 days of the final action by the ethics commission in a particular case. The appeal shall be on the
record without a trial de novo. If the court determines that the record is insufficient for its review,
it shall remand the case to the ethics commission for further proceedings on the record. The court's
review, in the absence of actual fraud, shall be limited to a determination of whether the ethics
commission's decision was supported by substantial evidence on the record. The burden of proof in
any such appeal shall be on the appellant.
(Code 1981, § 2-15.1; Ord. of 7-13-1998)
BE IT FURTHER ORDAINED:
That Appendix F, Fees and Fines, Chapter 30 - Standards of Ethical Conduct and Ethics
Commission, Article II - Standards of Ethical Conduct, Section 30-20 - Established, Subsection
(i)(1) - Criminal Sanctions, Penalties of the Dover Code be amended to read as follows:
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Chapter 30. Standards of Ethical Conduct and Ethics Commission Fees and Fines
Article II. Standards of Ethical Conduct
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.
Sec. 30-20. Prohibitions relating to conflicts of interest
Not to exceed
Subsec. (i)(1) Criminal sanctions, penalties
$1,000.00
SYNOPSIS
This amendment adds required financial disclosure reports, acknowledgment of
receipt of policies, and required ethics training. It also makes organization changes
to Chapter 30.
(Sponsors: Lindell, Polce, and Slavin)
ADOPTED: DECEMBER 11, 2017
S:\ORDINANCES\2017\ADOPTED\Ordinance #2017-14 - Chapter 30-Code of Conduct and Ethics Commission - ADOPTED 12-11-2017.wpd
Actions History:
12/11/2017 – Final Reading – City Council
11/27/2017 – Final Reading Deferred – City Council
11/13/2017 – First Reading – City Council
10/24/2017 – Considered by Council Committee of the Whole/Legislative, Finance and Administration Committee
10/10/2017 – Deferred by Council Committee of the Whole/Legislative, Finance and Administration Committee
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PART II - CODE OF ORDINANCES
Chapter 30 STANDARDS OF ETHICAL CONDUCT AND ETHICS COMMISSION
Chapter 30 STANDARDS OF ETHICAL CONDUCT AND ETHICS COMMISSION 1
ARTICLE I. IN GENERAL
Sec. 30-1. Applicability.
This chapter shall be applicable to all elected and appointed officials and all employees of the city.
(Ord. No. 2017-14 , 12-11-2017)
Sec. 30-2. Statement of intent and purpose.
(a) Intent. The proper operation of democratic government requires that public officials and employees be
independent, impartial, and responsible to the people; that governmental decisions and policies be made in
the proper channels of the governmental structure; that public office not be used for personal gain; and that
the public has confidence in the integrity of its government. It is the intent of the city that all elected and
appointed officials and all employees of the city adhere to high levels of ethical conduct, honesty, integrity
and accountability to assure that the public has confidence in all aspects of city government and the city
officials that exercise discretionary powers. These standards of ethical conduct are intended to uphold the
public trust in the persons in positions of public responsibility who are acting for the benefit of the public. All
elected and appointed officials and all employees of the city shall comply with both the letter and the spirit
of the standards of ethical conduct and strive to avoid situations that create impropriety or the appearance
of impropriety. The standards define and discourage certain actions that may create impropriety or the
appearance of impropriety that undermine public trust in elected and appointed public officials and
employees.
(b) Purpose. The standards of ethical conduct should promote public confidence in the integrity of city officials;
state principles of conduct and ethics which are to be applied in public service; inform the public of the
standards to which their city officials are expected to adhere; and help motivate city officials and public
employees to pursue productive conduct and ethical ideals which exceed minimum standards. The city
council finds and declares as matters of public policy goals and objectives for all city employees and elected
and appointed officials, the following:
(1) Public trust. In our democratic form of government, the conduct of officials and employees of the city
must hold the respect and confidence of the people. They must, therefore, avoid conduct which is in
violation of their public trust or which creates a justifiable impression among the public that such trust
is being violated.
(2) Standards. To ensure propriety and to preserve public confidence, officials and employees of the city
must have the benefit of specific standards to guide their conduct and disciplinary mechanisms to
guarantee uniform maintenance of those standards. Some standards of this type are so vital to
government that violation thereof should subject the violator to criminal penalties.
Editor's note(s)—Ord. No. 2017-14 , adopted December 11, 2017, repealed ch. 30, §§ 30-31—30-35 and 30-71—
1
30-74 and enacted a ch. 30 as set out herein. Former ch. 30 pertained to similar subject matter and derived
from the Code of 1981; an Ord. adopted July 13, 1998; and Ord. No. 2010-23, adopted August 23, 2010.
Dover, Delaware, Code of Ordinances Created: 2023-07-12 15:36:02 [EST]
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(3) Public service. In our democratic form of government, it is both necessary and desirable that all citizens
should be encouraged to assume public office and employment, and that, therefore, the activities of
officials and employees of the city should not be unduly circumscribed.
(4) Performance of duty. Elected city officials are obligated to uphold the fundamental legal principles of
our system of government, as set forth in the United States Constitution, the state constitution, and
the city Charter, as well as all applicable provisions of federal, state and local law and court decisions.
They are bound to do so, and the failure to so act shall constitute malfeasance in office.
(5) Fairness. City officials and employees shall strive for the highest standard of fairness in all of their
activities and shall not grant any special consideration, treatment, or advantage to any citizen beyond
that which is available to every other citizen.
(6) Use of private information. In the course of their official responsibilities, city officials and employees
are often privy to categories of information which are of a private nature and are legally protected
from public disclosure. City officials and employees shall maintain the privacy of such information, and
they shall not take advantage of such information for personal gain, or the personal gain of friends or
family.
(Ord. No. 2017-14 , 12-11-2017)
Sec. 30-3. Acknowledgment of policies; required disclosures, and required annual training.
In order for the mayor, councilmembers, mayoral and council appointees, and city employees to better serve
the constituents of the city in an open, transparent fashion and to further be held accountable, the following
actions shall be taken by each of the designated persons:
(a) Acknowledgment of policies. Each elected and appointed official and all city employees shall be
furnished copies of Chapter 30—Standards of Ethical Conduct and Ethics Commission, either
electronically or, if requested, in hard copy, before entering upon the duties of their office or
employment and shall sign a written acknowledgment of receipt of the copy. The documents shall be
read, reviewed, and signed by all appointees by the time of their appointment or re-appointment.
(b) Financial disclosure report. Any city employee or elected or appointed official who has a financial
interest in any private enterprise which is subject to the regulatory jurisdiction of, or does business
with, any city agency (and any city official who has a financial interest in any private enterprise which is
subject to the regulatory jurisdiction of, or does business with, the city agency on which he serves as an
appointee) shall file a financial disclosure report with the ethics commission fully disclosing the same.
Such disclosure shall be confidential and the ethics commission shall not release such disclosed
information, except as may be necessary for the enforcement of this chapter. The filing of such
financial disclosure report shall be a condition of commencing and continuing employment or
appointed status with the city. The financial disclosure report shall be submitted by August 1 of each
calendar year.
(c) Disclosure of interest in legislation.
(1) A councilman who has a financial or other private interest in any legislation shall disclose on the
records of the council or other appropriate authority the nature and extent of such interest. This
provision shall not apply if the councilman disqualifies himself from voting on such legislation.
(2) Any other city official or employee who has a financial or other private interest in any legislation
and who participates in discussion with or gives an official opinion to the council shall disclose on
the records of the council or other appropriate authority the nature and extent of such interest.
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(3) Any city employee or city officer who has a financial interest in any private enterprise which is
subject to the regulatory jurisdiction of, or does business with, any city agency, shall file with the
ethics commission a written statement fully disclosing the same. Such disclosure shall be
confidential and the ethics commission shall not release such disclosed information, except as
may be necessary for the enforcement of this subchapter. The filing of such disclosure statement
shall be a condition of commencing and continuing employment or appointed status with the
city.
(4) Required annual training. All city employees and elected and appointed officials shall undergo
and receive annual training on the city's ethics policies and procedures.
(Ord. No. 2017-14 , 12-11-2017)
Sec. 30-4. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Close relative means a person's parents, spouse, children (natural or adopted), and siblings of the whole and
half-blood.
Commission and ethics commission mean the city ethics commission as established by this chapter.
Compensation means any money, thing of value, or any other economic benefit of any kind or nature
whatsoever conferred on or received by any person in return for services rendered or to be rendered by the
official or employee, or by another.
Employee includes all persons who receive compensation as an employee of the city or a city agency, and
shall not include persons that are elected or appointed to serve as mayor, city councilmember or a member of any
city committee, commission or board, whether paid or unpaid.
Financial interest. A person has financial interest in a private enterprise if:
(1) He has a legal or equitable ownership interest in the enterprise of more than ten percent (one percent
or more in the case of a corporation the stock of which is regularly traded on an established securities
market);
(2) He is associated with the enterprise and received from the enterprise during the last calendar year, or
might reasonably be expected to receive from the enterprise during the current or the next calendar
year, income in excess of $5,000.00 for services as an employee, officer, director, trustee, or
independent contractor; or
(3) He is a creditor of a private enterprise in an amount equal to ten percent or more of the debt of that
enterprise (one percent or more in the case of a corporation the securities of which are regularly
traded on an established securities market).
Matter means an application, petition, request, business dealing, contract, subcontract, or any other
transaction of any sort with the city.
Official means any elected or appointed official of the city and all members of any committee, commission or
board appointed by the mayor of the city or appointed by the city council.
Official responsibility means any direct administrative or operating authority at any level, either exercisable
alone or with others, either personally or through subordinates, to approve, disapprove, recommend or otherwise
direct action on behalf of the city.
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Personal or private interest means an interest in a matter which tends to impair the independent judgment
of an official or employee in the performance of his duties with respect to that matter.
Private enterprise means any activity conducted by any person, whether conducted for profit or not for
profit, and includes the ownership of real or personal property. The term "private enterprise" does not include any
activity of the city, of any political subdivision, or of any agency, authority, or instrumentality thereof.
Public official. All elected and appointed officials and all employees of the city.
(Ord. No. 2017-14 , 12-11-2017)
Sec. 30-5—30-19. Reserved.
ARTICLE II. STANDARDS OF ETHICAL CONDUCT.
Sec. 30-20. Established.
High ethical standards among public officials and employees are essential to gain and maintain the
confidence of the people, because such confidence is essential to the conduct of free government. Public officials
and employees are agents of the people and hold office for the benefit of the public. They are bound to observe in
their official acts the highest standards of morality and to discharge faithfully and impartially the duties of their
offices, regardless of personal considerations, recognizing that the public interest must be their primary concern.
Their conduct in both their official and private affairs should be above reproach. These standards of ethical
conduct are adopted in order to secure this desired high level of public trust, ensure the impartiality of public
officials and employees, and impose standards of accountability.
(a) General responsibilities of officials and employees.
(1) Officials and employees have the common obligation of serving the public. In performing their
duties, they shall treat the public and each other with respect, concern, and responsiveness,
recognizing that their common goal of exceptional public service can only be achieved by working
together. Disputes that arise among public servants shall be resolved at the lowest possible level;
keeping in mind that public money spent on resolving these disputes is money not spent on
important public needs.
(2) Officials and employees shall treat their position as a public trust, with a fiduciary duty to use the
powers and resources of public office only to advance the public interest and not to obtain
personal benefits or pursue private interests.
(3) Officials and employees shall conduct themselves in a manner that justifies the confidence placed
in them by the people, at all times maintaining the integrity and discharging ethically the high
responsibilities of public service.
(4) Full disclosure of real or potential conflicts of interest shall be a guiding principle for determining
appropriate conduct. At all times, reasonable efforts shall be made to avoid undue influence and
abuse of office in public service.
(5) No official or employee may request or receive, and no person may offer any money, thing of
value or promise thereof, other than any city pay received, that is conditioned upon or given in
exchange for promised performance of an official act.
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(b) Appearance of violation. Each city employee and official shall endeavor to pursue a course of conduct
which will not raise suspicion among the public that he is engaging in acts which are in violation of his
public trust and which will not reflect unfavorably upon the city and its government.
(c) Private interest; gifts. No city employee or official shall have any interest in any private enterprise, nor
shall he incur any obligation of any nature which is in substantial conflict with the proper performance
of his duties in the public interest. No city employee or official shall accept other employment, any
compensation, gift, payment of expenses or any other thing of monetary value under circumstances in
which such acceptance may result in any of the following:
(1) Impairment of independence of judgment in the exercise of official duties;
(2) An undertaking to give preferential treatment to any person;
(3) The making of a governmental decision outside official channels; or
(4) Any adverse effect on the confidence of the public in the integrity of the government of the city.
(d) Interest in private enterprise. No city employee or official shall acquire a financial interest in any private
enterprise which he has reason to believe may be directly involved in decisions to be made by him in
an official capacity on behalf of the city.
(e) Prohibitions relating to conflicts of interest. No councilman or other official or employee, whether paid
or unpaid, shall engage in any business or transaction or shall have a financial or other personal
interest, direct or indirect, which is incompatible with the proper discharge of his official duties in the
public interest or would tend to impair his independence of judgment or action in the performance of
his official duties. Personal as distinguished from financial interest includes an interest arising from
blood or marriage relationships or close business or political association provided, that upon request
from any person with official responsibility with respect to the matter, any such person who has such a
personal or private interest may nevertheless respond to questions concerning any such matter.
(1) Restrictions on exercise of official authority.
a. Prohibited participation. No city employee or official may participate on behalf of the city in
the review or disposition of any matter pending before the city in which he has a personal
or private interest, provided that, upon request from any person with official responsibility
with respect to the matter, any such person who has such a personal or private interest
may nevertheless respond to questions concerning any such matter. A personal or private
interest in a matter is an interest which tends to impair a person's independence of
judgment in the performance of his duties with respect to that matter.
b. Impairment of judgment. A person has an interest which tends to impair his independence
of judgment in the performance of his duties with respect to any matter when:
i. Any action or inaction with respect to the matter would result in a financial
benefit or detriment to accrue to the person or a close relative to a greater
extent than such benefit or detriment would accrue to others who are
members of the same class or group of persons; or
ii. The person or a close relative has a financial interest in a private enterprise
which enterprise or interest would be affected by any action or inaction on a
matter to a lesser or greater extent than like enterprises or other interests in
the same enterprise.
c. Statutory responsibility. In any case where a person has a statutory responsibility with
respect to action or inaction on any matter where he has a personal or private interest and
there is no provision for the delegation of such responsibility to another person, the person
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may exercise responsibility with respect to such matter, provided that, promptly after
becoming aware of such conflict of interest, he files a written statement with the ethics
commission, fully disclosing the personal or private interest and explaining why it is not
possible to delegate responsibility for the matter to another person.
(2) Restrictions on representing another's interest before the city.
a. Prohibited. No city employee or official may represent or otherwise assist any private
enterprise with respect to any matter before the city.
b. Exception. This subsection shall not preclude any city employee or official from appearing
before the city or otherwise assisting any private enterprise with respect to any matter in
the exercise of his official duties.
(3) Restriction on contracting with the city.
a. Prohibited. No city employee or official shall benefit from any contract with the city, nor
solicit any contract, and shall not enter into any contract with the city (other than an
employment contract).
b. Ownership of enterprise. No private enterprise in which a city employee or official has a
legal or equitable ownership of more than ten percent (more than one percent in the case
of a corporation the stock of which is regularly traded on an established securities market)
shall enter into any contract with the city (other than an employment contract) unless such
contract was made or let after public notice and competitive bidding.
(f) Postemployment restrictions. No person who has served as a city employee or official shall represent or
otherwise assist any private enterprise on any matter involving the city, for a period of two years after
termination of his employment or elected or appointed status with the city, if he gave an opinion,
conducted an investigation or otherwise was directly and materially responsible for such matter in the
course of his official duties as a city employee or official, nor shall any former city employee or official
disclose confidential information gained by reason of his public position, nor shall he otherwise use
such information for personal gain or benefit.
(g) Unauthorized disclosure of confidential information. No person shall disclose any information required
to be maintained confidential by the ethics commission under section 30-3(b), 30-73 or 30-74.
(h) Abuse of office.
(1) Political contributions. No elected city official shall agree to sponsor legislation, or to influence in
any manner the formulation or passage of legislation, in exchange for political contributions or
promises thereof.
(2) Substantial interest. No elected city official shall vote for, or promote in any manner whatsoever,
legislation affecting any subject matter in which he has a substantial interest. Any such interest
shall be disclosed by said elected official prior to a vote on any such legislation, and said elected
official shall vote "abstain" when called upon to vote.
(3) Use of city property. No city official or employee shall request or permit the use of city-owned
vehicles, equipment, materials, or property for personal convenience or profit, except when such
services are available to the public generally or are provided for the use of such official or
employee in the conduct of official business as a matter of municipal policy.
(4) Personal gain. No city official or employee shall utilize the influence of his office or position for
personal pecuniary gain, or to avoid the legal consequences of his personal conduct.
(i) Criminal sanctions.
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(1) Penalties. Any person who knowingly or willfully violates any provision of this section shall be
guilty of a misdemeanor, punishable for each such violation by imprisonment of not more than
one year and by a fine as provided for in Appendix F—Fees and Fines.
(2) Time limitations. A prosecution for a violation of this section shall be subject to the time
limitations of 11 Del. C. § 205.
(j) Contracts voidable by court action. In addition to any other penalty provided by law, any contract
entered into by any city agency in violation of this chapter shall be voidable by the city agency;
provided that in determining whether any court action should be taken to void such a contract
pursuant to this subsection, the city agency shall consider the interests of innocent third parties who
may be damaged thereby. Any court action to void any transaction must be initiated within 30 days
after the city agency involved has, or should have, knowledge of such violation.
(k) Private gain. No city employee or official shall use his public office to secure unwarranted privileges,
private advancement or gain.
(l) Confidential information; prohibited activity. No city employee or official shall engage in any activity
beyond the scope of his public position which might reasonably be expected to require or induce him
to disclose confidential information acquired by him by reason of his public position.
(m) Disclosure of information. No city employee or official shall, beyond the scope of his public position,
disclose confidential information gained by reason of his public position, nor shall he otherwise use
such information for personal gain or benefit.
(n) Ex parte communications. No official or employee shall encourage, make or accept any ex parte or
other unilateral application or communication that excludes the interests of other parties in a matter
under consideration when such application or communication is designed to influence official decision
or conduct of the official or other officials, employees or agencies in order to obtain a more favored
treatment or special consideration to advance the personal or private interests of himself or herself or
others. The purpose of this provision is to guarantee that all interested parties to any matter shall have
equal opportunity to express and represent their interests.
Any written ex parte communication received by an official or employee in matters where all
interested parties should have equal opportunity for a hearing shall be made part of the record by the
recipient.
Any oral ex parte communication received under such conditions should be written down in substance
by the recipient and also made a part of the record.
A communication concerning only the status of a pending matter is not regarded as an ex parte
communication.
(o) Sexual favors. No city employee or official, in the course of his public responsibilities, shall use the
granting of sexual favors as a condition, either explicit or implicit, for an individual's favorable
treatment by that person or a city agency.
(Ord. No. 2017-14 , 12-11-2017)
Sec. 30-21—30-70. Reserved.
ARTICLE III. ETHICS COMMISSION
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Sec. 30-71. Established; composition; removal; terms of office; vacancies; chairperson;
quorum; compensation; legal counsel.
(a) Established; composition; removal. The city ethics commission is hereby established to administer and
implement this chapter. The ethics commission shall consist of five members appointed by the mayor and
confirmed by the city council. No member of the commission shall hold any elected or appointed office
under the government of the United States or the state, county, or city. Members of the ethics commission
may be removed by the mayor, with the concurrence of the city council, for substantial neglect of duty, gross
misconduct in office or a violation of this chapter.
(b) Terms of office; vacancies. A member of the ethics commission shall be appointed for a term of office of five
years and until his successor has been appointed and has qualified. The members shall be appointed for
staggered terms of office, and until their successors have been appointed. When a vacancy occurs in the
membership of the ethics commission, it shall be filled by appointment for the unexpired portion of the term
in the same manner as the original appointment.
(c) Chairperson; quorum. The ethics commission shall elect a chairperson from among its membership. Three
members of the ethics commission shall constitute a quorum and, if a quorum is present, a vacancy on the
ethics commission shall not impair the right of the remaining members to exercise all the powers of the
ethics commission. Disciplinary hearings may be conducted and sanctions may be imposed only by the
affirmative action of at least three members; otherwise, the ethics commission may delegate authority to
the chairperson to act for the ethics commission between meetings.
(d) Compensation. Members of the ethics commission shall receive no compensation.
(e) Legal counsel. The city solicitor shall provide legal counsel to the ethics commission and shall be the legal
representative of the ethics commission in connection with its duties hereunder, on a case-by-case basis, or
determine that outside counsel is needed and obtain such outside counsel for a particular matter.
(Ord. No. 2017-14 , 12-11-2017)
Sec. 30-72. Powers and duties.
(a) The powers and duties of the ethics commission shall be:
(1) Standards of ethical conduct. To recommend to the mayor and council, from time to time, such rules of
conduct for public employees and officials as it shall deem appropriate.
(2) Advisory opinions. To issue written advisory opinions, upon the request of any city employee or official,
as to the applicability of this chapter to any particular factual situation.
(3) Referrals to solicitor. To refer to the city solicitor for investigation any alleged violation of this chapter
and, after notice and hearing, to recommend such disciplinary action as it may deem appropriate to
such appropriate official or agency as the ethics commission shall determine, or to take such other
disciplinary action as authorized by section 30-73(o) or other provisions of the city Charter or this Code.
The ethics commission may dismiss, without reference to the city solicitor, any complaint which the
ethics commission determines is frivolous or fails to state a violation.
(4) Report of crimes. To report to the appropriate federal, state or city authorities any substantial evidence
of a violation of any criminal law which may come to its attention in connection with any proceeding,
whether advisory or disciplinary.
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(5) Records. To maintain a file of its proceedings, waiver decisions and advisory opinions with a view
toward achieving consistency of opinions and recommendations subject to the confidentiality
requirements of sections 30-74 and 30-73(s).
(6) Procedures. To follow the procedural rules specified in section 30-73 and to establish such other
procedural rules as shall be consistent with the rules prescribed therein.
(7) Witnesses, evidence. To subpoena witnesses, compel their attendance and testimony, administer oaths
and affirmations, take evidence and require, by subpoena, the production of books, papers, records or
other evidence needed for the performance of the ethics commission's duties or exercise of its powers.
(8) Assistance to city personnel. To provide assistance to any city employee, official or agency in
administering the provisions of this chapter.
(9) Provide information. To prepare any necessary reports and studies to advance the purpose of this
chapter, to provide any necessary materials explaining the duties of individuals covered by this
chapter, and to supply instructions and public information materials to facilitate compliance with, and
enforcement of, this chapter.
(10) Request city agencies for assistance. To request appropriate city agencies to provide such professional
assistance as it may require in the discharge of its duties.
(Ord. No. 2017-14 , 12-11-2017)
Sec. 30-73. Rules of procedure; complaints; hearings; dispositions.
(a) Any person, either personally or on behalf of an organization or governmental body, may file a sworn
complaint for the ethics commission with the city clerk. The complaint must be in writing, be signed, and
show the address of the person who submitted it. The complaint must state that, to the best of the person's
knowledge, information, and belief formed after reasonable reflection, the information in the complaint is
true. The complaint must describe the facts that constitute the violation of the standards of ethical conduct
in sufficient detail so that the ethics commission and the person who is the subject of the complaint can
reasonably be expected to understand the nature of any offense that is being alleged. The commission may
request any additional information deemed necessary to screen the complaint or to render a decision. No
complaints shall be accepted or considered which relate to actions that took place more than one year prior
to the date of filing. The individual filing the sworn complaint has 60 days from the date that the issue is
brought to his or her attention to file a complaint.
(b) After the sworn complaint has been filed, none of the parties or their representatives may communicate on
an ex parte basis with any commission members pertaining to the complaint. All communications pertaining
to the complaint shall be submitted to the city clerk.
(c) Within seven days of receiving a sworn complaint the city clerk shall send copies of the complaint to each
member of the ethics commission, the city solicitor, and the official or officials against whom such complaint
has been filed. Hereinafter, the complaining party shall be referred to as the "complainant" and the official
against whom a complaint has been lodged shall be referred to as the "respondent."
(d) The commission recognizes that distribution to the public of a sworn complaint prior to screening by the
commission as required below could harm the reputation of an innocent person and is contrary to the public
interest; therefore, the public release of the complaint is prohibited until the screening process has been
completed. The commission shall consult in confidence to screen the complaint within 14 days of receiving
the complaint. The commission may immediately dismiss a complaint if:
(1) It has no jurisdiction; or
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(2) The alleged violation, if true, would not constitute a violation of the standards of ethical conduct; or
(3) The alleged violation is a minor or de minimis violation; or
(4) The complaint is, on its face, frivolous, groundless, or brought for purposes of harassment; or
(5) The matter has become moot because the person who is the subject of the complaint is no longer an
officer, official or employee; or
(6) The respondent had obtained an advisory opinion under section 30-74(c) permitting the conduct; or
(7) The appointing authority of the respondent has already taken action as a result of finding a violation
and the commission believes the action was appropriate.
(e) In issues regarding standards of ethical conduct violations, the enforcement process is intended to be
corrective rather than remedial unless the violation is a repeated offense. In the event the ethics commission
determines a standards of ethical conduct violation has occurred, and it is minor in nature, with the
concurrence of the complainant and the subject of the sworn complaint, the commission may dispense with
the hearing process and conduct a more informal mediation process in lieu of a hearing.
(f) If the sworn complaint is not dismissed or otherwise resolved pursuant to subsection 30-73(d), the city clerk
shall promptly contact the members of the ethics commission, the city solicitor, the complainant, and the
respondent in order to ascertain a date and time when a hearing can be convened on such complaint. As
soon as a date and time have been agreed upon for a hearing before the ethics commission, the city clerk
shall send written notice of such scheduling and a copy of the rules of procedure to the complainant and to
the respondent. No copies of the complaint shall be provided to any other parties before the respondent
receives the complaint. The city solicitor shall be the prosecuting attorney in all disciplinary proceedings
before the ethics commission. In any such investigation or proceeding, a defendant shall be given an
opportunity to be heard after notice, to be advised and assisted by legal counsel, to produce witnesses and
offer evidence, and to cross examine witnesses. A transcript of any such proceeding shall be made and
retained, subject to the confidentiality requirements of this chapter.
(g) The commission may dismiss a complaint if the complainant does not appear at the hearing and if, in the
opinion of the commission, it would be unfair to the respondent not to have the opportunity to examine the
complainant.
(h) As promptly as possible after the close of the hearing, the commission shall deliberate to determine if the
allegations have been proven by clear and convincing evidence. Only ethics commission members who have
been present for the hearing may participate in the deliberations, and any findings and recommendations
must be adopted by a majority of the commission. The commission may consider, when making findings and
recommendations, the severity of the offense, the presence or absence of any intention to conceal, deceive,
or mislead, whether the violation was deliberate, negligent or inadvertent, and whether the incident was
isolated or part of a pattern.
(i) Within seven days of the conclusion of deliberations, the commission shall issue an order setting forth its
findings and recommendations. In the alternative, the commission where it deems it appropriate, may issue
an advisory opinion in lieu of making findings and recommendations.
(j) If the respondent is an employee, the commission may, if it determines corrective action is necessary, notify
the city manager or the council president and recommend that action be taken, including discipline.
(k) If the respondent is a city official, the commission may propose actions to the city council that are
appropriate to the finding as specified in section 30-73(o).
(l) The commission shall send a written copy of its findings and recommendations to the respondent and the
complainant.
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(m) Proceeding relating to member. A member of the ethics commission shall be ineligible to participate, as a
member of the ethics commission, in any ethics commission proceeding relating to his conduct. A member of
the ethics commission who has been found by the ethics commission to have violated this chapter shall be
ineligible to serve again as a member of the ethics commission.
(n) Self-disqualification. A member of the ethics commission may disqualify himself from participating in any
investigation of the conduct of any person upon submission, in writing and under oath, of an affidavit or
disqualification stating that he cannot render an impartial and unbiased decision in the case in which he
seeks to disqualify himself.
(o) Actions by ethics commission. With respect to any violation with which a person has been charged and which
the ethics commission has determined as proved, the ethics commission may take any one or more of the
following actions:
(1) Reprimand. Issue a written reprimand or censure of that person's conduct.
(2) Discipline. With respect to a city employee, remove, suspend, demote or take other appropriate
disciplinary action with respect to that person, without regard to any limits imposed by this chapter,
but within the limits of the constitution, the laws of the state, the Charter of the city, and ordinances
and existing collective bargaining agreements.
(3) Recommend removal. With respect to an appointed official, recommend that appropriate action be
taken to remove the official from the appointed position.
(4) Recommend fine. With respect to an elected city official, recommend that such official be fined in an
amount recommended by the ethics commission.
(p) Rights of person charged. In any proceeding before the ethics commission, upon the request of any person
charged with a violation of this chapter, such person shall be permitted to inspect, copy or photograph
books, papers, documents, photographs or other tangible objects which will be used as evidence against that
person in a disciplinary hearing and which are material to the preparation of his defense.
(q) Exculpatory information. In any proceeding before the ethics commission, if the city solicitor or ethics
commission at any time receives any exculpatory information concerning an alleged violation against any
person, it shall forthwith make such information available to such person.
(r) Subpoenas. Any person charged with a violation of this chapter may apply to the ethics commission for the
issuance of subpoenas for the appearance of witnesses and for the production of documents on his behalf.
The application shall be granted upon a concise showing by such person that the proposed testimony or
evidence is relevant (or is reasonably calculated to lead to the discovery of relevant evidence) and is not
otherwise available. The application shall be denied if not made at a reasonable time or if the testimony or
evidence would be merely cumulative.
(s) Confidentiality of proceedings.
(1) City employee. All proceedings before the ethics commission relating to a violation of this chapter by a
city employee shall be maintained confidential by the ethics commission, unless:
a. Public disclosure is requested, in writing, by the person charged; or
b. The ethics commission determines after a hearing that a violation has occurred.
(2) City official. All proceedings before the ethics commission relating to a violation of this chapter by a city
official, appointed or elected, shall be maintained confidential by the ethics commission, unless:
a. Public disclosure is requested, in writing, by the person charged; or
b. The ethics commission determines after a hearing that a violation has occurred.
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(t) Appeals; public inspection. Notwithstanding the confidentiality requirements of subsections (s)(1) and (2) of
this section, the ethics commission shall make available for public inspection the record of all proceedings
relating to any decision of the ethics commission which is appealed to the superior court and the ethics
commission shall report to appropriate federal, state and/or city authorities any substantial evidence of a
violation of any criminal law which comes to its attention in connection with any proceeding under this
chapter.
(u) Confidentiality procedures. The chairperson of the ethics commission shall, with the approval of the ethics
commission, establish such procedures as, in the chairperson's judgment, may be necessary to prevent the
disclosure of any record of any proceedings or other information received by the ethics commission, except
as permitted by this chapter.
(Ord. No. 2017-14 , 12-11-2017)
Sec. 30-74. Waivers of restrictions and advisory opinions.
(a) Authority of ethics commission. Notwithstanding the provisions of section 30-20, upon the written request of
any city agency or of any individual who is or was a city employee or city official, the ethics commission may
grant a waiver to the specific prohibitions contained therein if the ethics commission determines that the
literal application of such prohibition in a particular case is not necessary to achieve the public purposes of
this chapter or would result in an undue hardship on any employee or official. Any such waiver may be
granted only by written decision of the ethics commission. Any person who acts in good faith reliance upon
any such waiver decision shall not be subject to discipline or other sanction hereunder with respect to the
matters covered by the waiver decision, provided there was a full disclosure to the ethics commission of all
material facts necessary for the waiver decision.
(b) Waiver information confidential; exceptions. Any application for a waiver, any proceeding and any decision
with respect thereto shall be maintained confidential by the ethics commission, provided that:
(1) Applicant's request. Public disclosure shall be made by the ethics commission upon the written request
of the applicant;
(2) Violations. The ethics commission may make such public disclosure as it determines is required in
connection with the prosecution of any violation of this chapter;
(3) Evidence of crime. The ethics commission shall report to appropriate federal, state and/or city
authorities substantial evidence of any criminal violation which may come to its attention; and
(4) Public record. In the event that a waiver is granted, the waiver decision and the record of all
proceedings relating thereto shall be open to public inspection.
(c) Advisory opinion authorized. Upon the written request of any city employee or official, the ethics commission
may issue an advisory opinion as to the applicability of this chapter to any particular fact or situation. Any
person who acts in good faith reliance upon any such advisory opinion shall not be subject to discipline or
other sanction hereunder with respect to the matters covered by the advisory opinion, provided there was a
full disclosure to the ethics commission of all material facts necessary for the advisory opinion.
(d) Advisory opinion confidential; exceptions. Any application for an advisory opinion, any proceeding and any
decision with respect thereto shall be maintained confidential by the ethics commission, provided that:
(1) Applicant's request. Public disclosure shall be made by the ethics commission upon the written request
of the applicant;
(2) Violations. The ethics commission may make such public disclosure as it determines is required in
connection with the prosecution of any violation of this article; and
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(3) Evidence of crime. The ethics commission shall report to appropriate federal, state and/or city
authorities substantial evidence of any criminal violation which may come to its attention.
(Ord. No. 2017-14 , 12-11-2017)
Sec. 30-75. Judicial review.
In the event that the ethics commission finds that any person has violated any provision of this chapter, said
person shall have a right of appeal to the superior court of any such finding, and of any sanctions imposed with
respect thereto, by filing a notice of appeal with the superior court within 30 days of the final action by the ethics
commission in a particular case. The appeal shall be on the record without a trial de novo. If the court determines
that the record is insufficient for its review, it shall remand the case to the ethics commission for further
proceedings on the record. The court's review, in the absence of actual fraud, shall be limited to a determination of
whether the ethics commission's decision was supported by substantial evidence on the record. The burden of
proof in any such appeal shall be on the appellant.
(Ord. No. 2017-14 , 12-11-2017)
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