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Paj 1
REGULAR COUNCIL MEETING
AGENDA
JULY 23, 2012 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER, DELAWARE
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)
The “Open Forum” segment is provided to extend the opportunity to the general public to share their
questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the
agenda as a public hearing is prohibited during the Open Forum as an opportunity will be provided
during consideration of that item. Citizen comments are limited to three (3) minutes. Council is
prohibited from taking action since they are not in official session; however, they may schedule such
items as regular agenda items and act upon them in the future.
INVOCATION BY CHAPLAIN WALLACE DIXON
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HUTCHISON
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
Those items on the Council Agenda which are considered routine and non-controversial shall be marked
with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no
separate discussion of these items unless a member of Council so requests, in which event the matter
shall be removed from the Consent Agenda and considered a separate item.
* 1. Adoption of Minutes - Regular Council Meeting of July 9, 2012
2. Presentation - Community Blueprint Network (Michelle Lee)
3. Violation of the Dangerous Building Ordinance - Property Located at 827 Townsend Boulevard
(Pool), Owned by Jennifer E. Brown (Tabled on June 25, 2012 for 30 Days and, If at the End of That
Time Sufficient Progress Has Not Been Made, as Determined by the Inspections Department, That Staff
Proceed with the Demolition)
4. Public Hearing - Violation of the Dangerous Building Ordinance
A. 345 and 347 Northdown Drive (Owned by Chesapeake Holdings WV VI, LLC)
B. 357, 361, 365, and 408 Northdown Drive (Owned by Chesapeake Holdings WV VI, LLC)
* 5. Legislative, Finance, and Administration Committee Report - July 9, 2012
A. Review and Recommendation - Filling Critical Positions
a-1. Police Clerk II - Police Department
(Committee Recommended Approval of the Request to Fill the Police Clerk II Position, as
Recommended by Staff)
a-2. 911 Dispatcher - Police Department
(Committee Recommended Approval of the Request to Fill the 911 Dispatcher Position, as
Recommended by Staff)
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Council Agenda - July 23, 2012 Page 2
* 5. Legislative, Finance, and Administration Committee Report - July 9, 2012 (Continued)
B. Requisite Legal Work for Proposed Rent Justification Ordinance (Lynn, Leary, and Bonar)
(Committee Recommended the Authorization of 10 Hours of Legal Work to Investigate a
Proposed Rent Justification Ordinance)
C. Proposed Policy for Requesting Legal Work/Opinions
(Committee Recommended That Requests for Legal Work Performed by the City Solicitor or
Deputy City Solicitor from Council Directly Be Handled on a Case-by-Case Basis in the Future)
D. Value Study of Positions (Hutchison)
(Committee Recommended That Once the Salary and Benefits Compensation Comparison
Committee Report and Minority Recruitment Report Are Received and All Labor Negotiations
Have Been Completed, the City Manager Submit a Date for a Workshop with the Purpose of
Identifying Issues and Concerns Pertaining to Personnel Costs)
6. Joint Legislative, Finance, and Administration Committee and Election Board Report -
July 11, 2012
A. Results of NAACP Review of Proposed Council District Boundaries
(Election Board Recommended Acceptance of the City's Method of Calculation Using Mixed
Races)
B. Review of Revised Proposed Reapportionment of Council District Boundaries
(Election Board Recommended Acceptance of the Map Amendment Moving Residents from the
4th District to the 2nd District)
(Election Board Recommended Acceptance of the Revised Proposed Reapportionment of the
Council District Boundaries)
(Legislative, Finance, and Administration Committee Recommended Acceptance of the
Proposed Reapportionment of the Council District Boundaries, as Recommended by the
Election Board)(It is recommended that a Public Hearing/First Reading be set for Monday,
August 13, 2012 at 7:30 p.m. and that a Public Hearing/Final Reading be set for Monday,
August 27, 2012 at 7:30 p.m.)
7. Evaluation of Bids - System Control and Data Acquisition (SCADA) Equipment Technology
Upgrade
8. Amendment to EDIS Contract - City Hall Fire Sprinkler System
9. Rezoning Request/First Reading of Proposed Ordinance #2012-19
Recommended for referral to the Planning Commission on August 20, 2012 and that a Public
Hearing be set for September 10, 2012 at 7:30 p.m.
A. Property located at 870-872 Forest Street (on the south side of Forest Street east of
Gibbs Drive), consisting of 0.747+/- acres, owned by Bennie L. Smith. This property is
currently zoned C-PO (Commercial/Professional Office Development District) and subject
to COZ-1 (Corridor Overlay Zone) and the proposed zoning is C-1A (Limited Commercial)
and subject to COZ-1 (Corridor Overlay Zone). (TAX PARCEL: ED-05-076.12-01-08.00-000, FOURTH
COUNCIL DISTRICT; PLANNING REFERENCE: Z-12-02)
10. Council Members Announcements
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S:\AGENDAS-MINUTES-PACKETS\Council-Agendas\2012\07-23-2012.wpd
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO
INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.
Paj 3
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on July 9, 2012 at 7:30 p.m. with Council President Leary
presiding. Council members present were Mr. Anderson, Mrs. Russell, Mr. Lynn, Mr. Perza,
Mr. Hare, and Mr. Hutchison. Mr. Bonar and Mrs. Williams were absent.
Council staff members present were Police Chief Hosfelt, Mrs. Mitchell, Mr. Koenig,
Mrs. Townshend, Deputy Fire Chief West, City Solicitor Rodriguez, and Mrs. McDowell.
Mayor Carey was also present.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Leary declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda as presented, seconded by Mr. Hare and
unanimously carried.
Mr. Anderson requested that agenda Item #6-E, City Planner’s Report, be removed from the consent
agenda. Mr. Hutchison requested that Item #4-B, Update on Dover High School Construction, be
removed from the consent agenda.
Mr. Anderson moved for approval of the consent agenda, as amended, seconded by
Mr. Hutchison and carried by a unanimous roll call vote (Mr. Bonar and Mrs. Williams
absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 25, 2012
The Minutes of the Regular Council Meeting of June 25, 2012 were unanimously approved by
motion of Mr. Anderson, seconded by Mr. Hutchison and bore the written approval of
Mayor Carey.
PRESENTATION - LUTHERAN SENIOR SERVICES OF DOVER, INC. - PAYMENT IN
LIEU OF TAXES (PILOT)
Mr. Gary Coy, Executive Director of Lutheran Senior Services of Dover, Inc., presented
Mayor Carey with a contribution in the amount of $27,227 for payment in lieu of taxes (PILOT) for
expenses associated with City services provided to Lutheran Senior Services throughout the year.
Mayor Carey expressed his gratitude and thanked Mr. Coy and Lutheran Senior Services for their
contribution.
Mr. Hutchison and Mr. Anderson relayed appreciation for the partnership that Lutheran Senior
Services has with the community.
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 2
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
JUNE 25, 2012
The Legislative, Finance, and Administration Committee met on June 25, 2012 with Chairman Lynn
presiding.
Review and Recommendation - Filling Critical Positions - Library Page (4) - Library
Mr. Scott Koenig, City Manager, reviewed a request to fill four (4) Library Page positions at the
Dover Public Library. Staff requested that these positions be filled prior to the opening of the new
library in order to provide a full complement for a “skeleton” staff at the facility. Referring to the
summary sheet provided, he noted that the annual wages and benefits budgeted for the positions
totaled $49,797. He advised members that the positions were covered by a bargaining unit contract
which was currently in negotiation. Mr. Koenig stated that the current contract stipulated that these
employees could work no more than 18 hours per week without receiving City benefits; however,
he indicated that it was staff’s intent, through the collective bargaining process, to amend these
terms. Since negotiations were not complete, he was not able to disclose the terms. He assured
members that these positions were critical to the opening of the new library.
In response to Mr. Shevock, Mr. Koenig stated that the Committee’s recommendation would be
considered by City Council on July 9, 2012 and that he expected to have an answer from the union
by that time. Should the union’s response not be favorable, he stated that the positions would be
advertised and filled at the salary rate specified in the current contract. He explained the importance
of moving forward to secure the necessary employees for the new library.
The Committee recommended approval of the request to fill the four (4) Library Page positions, as
recommended by staff.
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Bonar and
Mrs. Williams absent).
FY2013 Hiring Freeze and Recruitments
Mr. Scott Koenig, City Manager, requested administrative authorization to remove the hiring freeze
and to fill the vacant positions included in the City’s budget, provided that the budget was adopted
by City Council. He explained that staff would continue to complete hiring justifications and
determine the economic impact when hiring, and the approval of both the City Manager and
Controller/Treasurer would be required prior to recruitment. He assured members that Council
would be made aware of the positions being filled.
Responding to Mr. Hare, Mr. Koenig noted that approximately 365 positions were included in the
FY13 budget and felt that 365 correctly positioned employees were necessary in order to accomplish
the work of the City. He indicated that internal scrutiny was needed to ensure that employees were
placed properly. Mr. Koenig noted that there were approximately 10 vacant positions currently
budgeted and stated he believed that these 10 positions should be filled.
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 3
In response to Mr. Lynn, Mr. Koenig relayed no objection to creating a process that would allow for
department heads to appeal to the Legislative, Finance, and Administration Committee if they fail
to receive approval to fill vacancies from the City Manager.
Objecting, Mr. Hare felt department heads who report to the City Manager should abide by the
decision of the City Manager.
Mr. Hutchison indicated his support for the City Manager being granted the leadership and
responsibility of working within the City’s budget to fill positions throughout the City.
Responding to Mr. Shevock, Mr. Koenig stated that his request applied to being granted authority
to recruit for positions that were requested by Council-appointed department heads.
Mr. Anderson questioned if the appeal process would be made available for City Manager-appointed
department heads. He indicated his concurrence with Mr. Hare and explained that the City Charter
provides for the City Manager to have a certain level of authority and that City Council should
refrain from interfering.
The Committee recommended removing the hiring freeze and granting the City Manager the
authority to recruit for vacant positions within the confines of the budget.
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Bonar and
Mrs. Williams absent).
Reduced Rates for All-Electric Homes in December, January, and February (Requested by
Ted George During Open Forum at City Council - Deferred by Committee on June 11, 2012 Due
to Time Constraints)
During the Open Forum Segment of the April 9, 2012 City Council Meeting, Mr. Ted George
requested that members consider providing an electric rate discount during the months of December,
January, and February for those customers with all-electric homes.
Mr. Ted George, 77 Billings Drive, advised members that from the 1970s until 1984, a 20% rate
discount was granted to customers with all-electric homes from December 1st through February 28th
each year. He proposed that the current kilowatt usage rate of 14.5¢ be reduced to 11.6¢.
In response to Mr. Rushe, Mr. George estimated that 200 customers would qualify for the discount.
Mr. Shevock noted that many households have higher electric bills during the summer due to air
conditioning units. He questioned the effect that such a reduction would have on City revenues.
Responding, Mr. George stated that during a bad winter, he has had an electric bill of approximately
$400; therefore, the 20% discount would provide a savings of $80.
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 4
In response to Mr. Shevock’s questions, Mrs. Donna Mitchell, Controller/Treasurer, reminded
members that there was a current proposal to decrease the residential electric rate by 9% and that the
draft FY13 budget reflected a Power Cost Adjustment (PCA) credit that averaged 8%; therefore, a
residential customer would realize a net decrease of 1%.
Responding to Mr. Lynn, Mr. George recalled that the discount was discontinued in 1984 due to the
City’s need for funds to expand the Police Department, Public Works Department, etc.
The Committee recommended that the proposal to reduce electric rates for all-electric homes be
referred to staff for cost analysis and review.
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Bonar and
Mrs. Williams absent).
By consent agenda, Mr. Anderson moved for acceptance of the Legislative, Finance, and
Administration Committee Report, seconded by Mr. Hutchison and carried by a unanimous
roll call vote (Mr. Bonar and Mrs. Williams absent).
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - JUNE 27, 2012
The Safety Advisory and Transportation Committee met on June 27, 2012 with Chairman Hutchison
presiding.
Request for Two (2) Hour Parking Designation - Gooden Avenue (Dr. Richard Taylor)
Members reviewed a letter submitted by Dr. Richard Taylor requesting a two (2) hour parking
designation for Gooden Avenue. He indicated that he owns the professional building located on the
corner of S. Bradford Street and Gooden Avenue. With the construction and expansion of Kent
General Hospital, the City placed a two (2) hour parking limit on South Bradford Street; however,
Gooden Avenue has no such limit. Dr. Taylor advised members that employees of Kent General
Hospital have been parking along Gooden Avenue for 8 - 10 hours per day. The patients of his
facility require short-term parking and are having difficulty finding available space near the practice.
As a result, he requested that members authorize a two (2) hour parking limit on Gooden Avenue.
Mr. Scott Koenig, City Manager, advised members that the two (2) hour parking limit on
Bradford Street was implemented several years ago as a result of the hospital and office/medical
buildings in the area. He noted that the same restrictions were implemented on State Street, near the
hospital. He assured members that neighborhood residents were permitted to obtain a residential
parking permit, allowing them to exceed the two (2) hour restriction. He stated that staff had no
objections to Dr. Taylor’s request and, upon Council’s approval, appropriate signage would be
erected and notification provided to the property owners in the area.
Responding to Mr. Davis, Mr. Koenig stated that he would obtain details regarding the parking
garage recently built, such as the number of available spaces, and whether hospital staff were
authorized to use the parking garage, prior to the City Council Meeting scheduled for July 9, 2012.
Mr. Keller stated that, according to a security guard at Kent General Hospital, the parking garage was
for use by visitors and patients only.
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 5
In response to Dr. Taylor, Mr. Koenig stated that if the change in parking designation were approved
by Council on July 9, 2012, he anticipated that staff could implement the change during the week
of July 16, 2012.
The Committee recommended approval of the request for a two (2) hour parking designation on
Gooden Avenue.
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Bonar and
Mrs. Williams absent).
Update Dover High School Construction
On behalf of Mrs. Ann Marie Townshend, Director of Planning and Community Development,
Mr. Scott Koenig, City Manager, read the following statement into the record:
• Monthly coordination meetings are continuing. The last one was held on
June 21st.
• The School District completed the Signal Warrant Analysis for the East Entrance
and submitted it to DelDOT [Delaware Department of Transportation] for review.
DelDOT issued comments on June 22nd. The Signal Warrant Analysis indicates
that the east entrance does not meet the warrants for a signal. As we have
expressed to the Committee, this is a serious concern to the Planning Office,
especially given the number of students who will live in the developments on the
north side of Route 8 who will be expected to walk to school. The Planning
Office will continue to pursue this matter with DelDOT and the School District
and involve other City staff and elected officials if and when appropriate. We will
continue to keep the Committee apprised of progress on this.
• DelDOT sent a letter to the Papens, who own the farm on Hazlettville Road just
west of Cannon Mills, indicating that the Route 8/Hazlettville Road Connector
is being moved out in the Capital Transportation Plan to future years. The letter
indicates that the road is not necessary for the opening of the new Dover High
School. At the Dover/Kent County MPO [Metropolitan Planning Organization]
TAC [Technical Advisory Committee] meeting on June 13th, I expressed concern
on behalf of the City that this road was ranked as the City's 2nd highest
transportation priority, and that this determination was made by DelDOT
without the benefit of any discussion with the City nor communication to the City
regarding the matter. I expressed concern regarding traffic on Route 8 with the
opening of the High School if this road is not in place at the time of the school
opening or shortly thereafter. Natalie Barnhardt, DelDOT's Chief Engineer, has
offered to meet with City staff. This meeting will be set up in the near future.
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 6
Mr. Koenig advised members that buses would be entering and exiting the school onto Route 8 at
the east entrance and, according to the site plan at this time, this would be a non-signalized
intersection. He noted that there would be a signal at the west entrance, which was intended to be
the main entrance to the High School. This road would be extended and then come to a dead end,
since the apartment complex planned at that location had not progressed toward construction, and
connection to the end of Cannon Mills would not occur until the construction of the apartments. He
stated that the construction of the road that was to connect the school to Hazlettville Road had been
delayed by DelDOT; however, due to the concerns of staff regarding traffic on Route 8, he assured
members that this matter would continue to be pursued.
Responding to Mr. Hutchison, Mr. Koenig stated that the new Dover High School was scheduled
to open in the fall of 2014.
Mr. Hutchison requested that Senator Brian Bushweller and Representative Darryl Scott be provided
any correspondence regarding traffic issues relating to the high school. Noting concerns of
Mr. Perza regarding the need for sidewalks in the area, Mr. Hutchison requested that this issue be
considered as important as the signal issue.
In response to concerns of Mr. Lynn, Mr. Koenig explained that a site plan is initially presented to
the Planning Commission to obtain conditional approval and the information presented on the site
plan is subject to additional review. Although a plan may originally include a signal, the signal will
not be approved by DelDOT if it does not meet warrants. He stated that the signalization and
sidewalks for this project were now matters for DelDOT to address. Prior to Council becoming
involved with this matter, Mr. Koenig suggested awaiting the results of staff’s meeting with
DelDOT's Chief Engineer.
Mr. Lynn requested that the City Manager be authorized to stress the importance of the signalization
at the east entrance/exit rather than having to approve a signal sometime in the future after a tragedy
occurs. Concurring, Mr. Hutchison felt that the installation of sidewalks was just as important as
the signal.
The Committee recommended that City Council send a letter to the Delaware Department of
Transportation (DelDOT) requesting the installation of a traffic signal at the east entrance of the new
Dover High School and sidewalks on the north side of Route 8 in that area.
Mr. Hutchison requested that Senator Bushweller and Representative Scott receive copies of the
letter to DelDOT.
During the Council Meeting, at the request of Mr. Hutchison, Mr. Koenig read the following draft
letter into the record:
Dear Secretary Bhatt:
As we have previously discussed, the new Dover High School is under construction
on Forrest Avenue (Delaware Route 8) on the west side of Dover. The location of the
school on the City’s primary east/west route creates significant challenges to
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 7
ensuring that traffic in this area continues to flow smoothly and does not adversely
affect the many residents and businesses along the corridor that rely on Route 8 for
their daily travel. To this end, monthly coordination meetings among City of Dover
staff, DelDOT staff, and the consultants for the Capital School District have helped
to keep this large, complex project on schedule and address design concerns before
they become problematic.
For the past several months, there has been discussion about the installation of a
traffic signal at the east entrance of the school site, which would line up with
Heatherfield Way. As required by DelDOT, the Capital School District completed
a signal warrant analysis for this location. The analysis indicates that the
intersection does not meet the warrants for a traffic signal.
Dover City Council firmly believes that a signal at the east entrance location is
imperative in order to provide safe pedestrian access to the Dover High School. We
also request that DelDOT install sidewalks along the north side of Route 8 to
facilitate safe pedestrian access to this location. There are a number of residential
developments on the north side of Route 8, from which students will be expected to
walk to school. The absence of a signal at this location and the absence of sidewalks
to provide safe access to this signal will likely create an unacceptable safety risk for
students and other members of the community accessing the school property. This
safety risk extends beyond simply accessing the school at the beginning and end of
the school day and also includes access to the athletic fields and the school grounds
for events held on the campus before and after hours.
Further, we are concerned that the lack of safe pedestrian access through sidewalks
and a signalized crossing will result in unnecessary vehicle traffic due to parents
driving their children to school rather than allowing them to walk.
Sincerely,
Thomas J. Leary
Dover City Council
cc: Senator Brian Bushweller, 17th District
Representative Darryl Scott, 31st District
Scott D. Koenig, City Manager
Ann Marie Townshend, Director of Planning & Community Development
Mr. Koenig felt that the letter captured the concerns of the Committee and staff. He noted that this
had been an on-going issue and that staff believed it was very important for the City’s position to be
heard by DelDOT.
Indicating his support, Mr. Lynn expressed his fear that a Dover High School student would be hit
by a vehicle and killed and that this would be the action that would warrant DelDOT taking action
to install a traffic signal.
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 8
Mr. Lynn moved for approval of the Committee’s recommendation that City Council send a
letter to the Delaware Department of Transportation (DelDOT) requesting the installation of
a traffic signal at the east entrance of the new Dover High School and sidewalks on the north
side of Route 8 in that area and for authorizing Council President Leary to send the letter to
DelDOT on behalf of Dover City Council. The motion was seconded by Mr. Anderson and
unanimously carried.
Mr. Hutchison moved for acceptance of the Safety Advisory and Transportation Committee
Report, seconded by Mr. Anderson and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
JULY 9, 2012
The Legislative, Finance, and Administration Committee met on July 9, 2012 with Chairman Lynn
presiding. It was noted that, except for the following time sensitive issue, the Legislative, Finance,
and Administration Committee Report from July 9, 2012 would be presented to Council during their
Regular Meeting of July 23, 2012 for review and consideration.
Review of Grant Application - Disaster Recovery for Critical Infrastructure (DEMA)
Mr. Scott Koenig, City Manager, reminded members that the City of Dover requested and received
funding from the Delaware Emergency Management Agency (DEMA) State Homeland Security
Grant Program (SHSGP) for the purchase and installation of equipment related to improvements in
Information Technology (IT) Disaster Recovery and critical infrastructure. He stated that funding
for this project was provided under short notice to the City due to other municipalities in the State
not completing their projects by the due date set forth by the federal government. He noted that all
costs associated with the project would be charged to IT and that 100% of the project costs would
be reimbursed to the City upon application for reimbursement. Since the full amount of this grant
was not budgeted, it was requested that when funds are reimbursed to the City, they be returned to
the IT budget in order to complete budget expenses.
Members were advised that there were no additional ongoing expenses related to this grant since
funds would be used to replace existing, outdated equipment and the maintenance costs budgeted
to maintain the old equipment would be sufficient to maintain the new equipment.
Staff recommended authorization to complete the project and request reimbursement for all costs
associated with the purchase and installation of the backup solution and infrastructure improvements.
It was noted that, due to time constraints, staff requested that this matter be considered during the
Council Meeting later in the evening for final approval.
Referring to the request for funds to be returned to the IT Department budget, Mrs. Donna Mitchell,
Controller/Treasurer, explained that, in accordance with accounting procedures, when grant monies
are received, they must be shown as a receipt in revenue. As a result, the expenditure would be over-
budgeted; however, there would be revenue to offset this. She noted that when budget revisions are
presented later in the year, this would be corrected and funds would be returned to the IT budget.
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 9
In response to Mr. Shevock, Mr. Koenig indicated that since the City’s project must be completed
by September 2012, this matter was put on a “fast track.” If Council were to approve the
authorization to complete the project, staff would immediately begin working on ordering and
purchasing the equipment. Receipt of reimbursement was expected through the DEMA grant within
30-60 days after submission of the City’s reimbursement application.
Noting that this project was not budgeted, Mr. Perza requested that staff be certain to complete the
necessary paperwork and have it submitted in a timely fashion to assure reimbursement.
The Committee recommended approval of staff’s recommendation for authorization to complete the
project and request reimbursement for all costs associated with the purchase and installation of the
backup solution and infrastructure improvements.
Mr. Lynn moved for approval of the Committee’s recommendation, seconded by Mr. Hutchison.
Mr. Perza reiterated his concerns regarding reimbursement, since the project was not budgeted.
Mr. Perza moved to amend the motion by requiring the reimbursement application to be drafted with
the submitted application for the grant money and prepared for the City Manager’s signature. The
motion was seconded by Mr. Anderson.
Responding to Mr. Anderson, Mr. Koenig stated no concerns regarding the amendment. Assuming
that the Committee’s recommendation was approved, he stated that staff would notify DEMA on
July 10, 2012 and begin the paperwork for reporting and explained that a monthly report would be
completed to track the progress of the project. He noted that staff was aware that the equipment was
available and of the timeline and felt confident that the reimbursement requirements could be met;
therefore, he assured members that staff had no objections to the amendment.
Mr. Hare stated that he had no problems with the amendment; however, he reminded members that
the City Manager had previously assured members that all necessary paperwork would be completed
and that the City would receive reimbursement. He felt that it was incumbent upon members of
Council to allow the City Manager to handle this matter without becoming involved and
micro-managing. It was Mr. Hare’s believe that members of City Council should not become
involved with the City Manager’s responsibilities unless it were to be discovered that he could not
do his job.
The motion to amend by requiring that the reimbursement application be drafted with
the submitted application for the grant money and prepared for the City Manager’s
signature was carried by a roll call vote of five (5) yes and two (2) no (Mr. Hare and
Council President Leary).
The motion for the approval of the Committee’s recommendation, as amended, authorizing
staff to complete the project and request reimbursement for all costs associated with the
purchase and installation of the backup solution and infrastructure improvements, with the
requirement that the reimbursement application be drafted with the submitted application for
the grant money and prepared for the City Manager's signature, was carried by a unanimous
roll call vote (Mr. Bonar and Mrs. Williams absent).
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 10
Mr. Lynn moved for acceptance of the Legislative, Finance, and Administration Committee
Report, seconded by Mr. Anderson and unanimously carried.
MONTHLY REPORTS - MAY 2012
By motion of Mr. Anderson, seconded by Mr. Hutchison, the following monthly reports were
accepted by consent agenda:
Budget Report
Chief of Police Report
City Assessor’s Report
City Manager's Report
Dover Fire Department Report
Capital Investment Plan (CIP) Report
Mr. Anderson noted that the City Planner’s Report provides a snapshot of where the City is going,
including information on vacant buildings, the economy, the unemployment rate, etc. At the request
of Mr. Anderson, Mrs. Ann Marie Townshend, Director of Planning and Community Development,
updated members regarding companies that were considering coming to the City. She stated that
staff had been working with a food processing company that was interested in the former Sunroc
building. She stated that several months of discussions had been held in this regard; however, the
company was now considering an alternative site; therefore, staff was hopeful but not as optimistic
on this matter as in previous months. She advised members that Mr. Bill Neaton, Economic
Development Director, had been working with a call center that had expressed interest in the City
and that the City remained one of the top locations being considered for this project. She noted that
the former Bank of America building at the Blue Hen Corporate Center was the primary location
under consideration.
Mrs. Townshend stated that several other businesses had made contact with the Planning Office or
were currently in the land development process. She advised members that the Planning
Commission recently reviewed an application to expand the former SuperFresh site for a Redner’s
Market. In addition, she stated that the Planning Commission also reviewed and approved a site plan
that included renovating the former WalMart building into a shopping center. Staff had been
working with the owner of the former Atlantic Book Warehouse site and a prospective tenant and
it was hoped that this project would be moving forward. She advised members that staff had also
been working with a tenant who hoped to occupy the former Golden Corral site. Mrs. Townshend
noted that, although such projects were moving slowly, there did appear to be “good things
happening” in and for the City of Dover.
In response to Mr. Lynn, Mrs. Townshend stated that the Planning Office did not employ any
mechanisms for determining how interested businesses or individuals had learned about the City of
Dover; however, she indicated that these types of individuals typically come in with a local realtor.
She stated she would consider having individuals/businesses questioned by staff, when contacted,
to determine how they became aware of the City.
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 11
Responding to Mr. Lynn regarding the action taken by the of the Board of Adjustment in regard to
Applicant #V-12-03, Mrs. Townshend clarified that the action to deny the request for variance
occurred during the Board’s meeting on May 16, 2012 and that, in the future, the City Planner’s
Report would be prepared in such a way as to avoid any misunderstandings. She explained that the
decisions of the Board of Adjustment are final unless they are appealed to Superior Court.
Mr. Anderson moved for acceptance of the City Planner’s Report, seconded by Mr. Hare and
unanimously carried.
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council
Meeting of June 25, 2012.
Mr. Hare moved that the Final Reading of the proposed ordinances be acknowledged by title
only, seconded by Mr. Anderson and unanimously carried.
Ordinance #2012-16 - Amendment to Chapter 114 - Vegetation, to Create a New Article III -
Bamboo
Mr. Hare moved for adoption of the proposed ordinance, seconded by Mr. Hutchison and, by
a unanimous roll call vote (Mr. Bonar and Mrs. Williams absent), Council adopted
Ordinance #2012-16, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 114 – Vegetation, be amended by adding a new Article III – Bamboo, as follows:
Article III. Bamboo
Sec. 114-36. – Unlawful to plant or grow bamboo. It shall be unlawful to plant or grow bamboo on
any lot or parcel of ground within the city unless:
(a) The root system of such bamboo plant(s) is entirely contained within an above-ground-level
planter, barrel, or other vessel of such design, material, and location as to entirely prevent the
spread/growth of the bamboo plant'(s) root system beyond the container in which it is
planted; or
(b) The root system is contained within a barrier, constructed in accordance with the following
specifications, and only after a compliance inspection is performed, and a building permit
is issued by the city of Dover:
1. The barrier itself shall be composed of high density polypropylene or polyethylene,
40 mil or heavier;
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 12
2. Each portion or sheet of the barrier shall be secured or joined together by the use of
stainless steel clamps or stainless steel closure strips designed for such barriers;
3. The barrier shall be installed not less than 30 inches deep;
4. The barrier shall be circular or oblong shaped;
5. Not less than three inches of the barrier shall protrude above ground level around the
entire perimeter of the barrier;
6. When installed, the barrier shall slant outward from the bottom to the top.
(c) Whether planted or growing in a container (under subparagraph (a) above) or contained
within a barrier (under subparagraph (b) above), all bamboo plants shall be located, trimmed
and maintained so that no part of the plant (including stalks, branches, leaves, and/or roots)
shall extend nearer than ten feet from any property line.
Sec. 114-37. - Exemptions.
Section 114-36 shall not apply to any landowner or possessor who, prior to the effective date of this
article, has planted or caused to grow any bamboo on any property within the limits of the city unless
a city code enforcement official determines that any portion of such bamboo has been allowed to
grow upon, extend roots across, or extend branches, stalks or leaves over any public way or any
private property not owned by or in the possession of such landowner or possessor.
Sec. 114-38. - Complaint/order for removal, repair and compliance.
When it has been determined by the city that any bamboo plant or root is encroaching on the property
of an adjacent or abutting landowner, or public way, the city shall, prior to taking any other action
to enforce compliance with this article, give written notice to be delivered by certified mail, to the
person(s) or legal entity(s) causing such condition to exist, which notice shall:
(1) Specify the nature and location of the violation;
(2) Provide notice of the need to remove and/or correct such condition within 30 days from the
effective date of such notice;
(3) Require that the removal and/or correction of such condition includes:
a. The removal and eradication of any bamboo plant or root from any adjoining or nearby
lot(s) or public way to which it has spread from its original planting site, and the
correction and repair of any property damage sustained to said adjoining or nearby lot(s)
or public way, in removing such bamboo; and
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 13
b. The containment of the bamboo plant causing said encroachment, by mandatory and full
compliance with section 114-36 (a) or (b);
(4) State that upon failure to comply with the notice and order for removal and/or containment,
the city may remove and eradicate the bamboo upon the land of any nearby or abutting
property owner, public way and/or upon the property of the person(s) or entity(s) planting or
causing such bamboo to grow, as provided in section 114-33.
Sec. 114-39. – Abatement of bamboo.
(a) If the violation is not remedied within the time set forth in the notice and order as outlined
above, the city is hereby authorized to remove or have removed any encroaching bamboo and
to take all reasonable steps to eradicate its re-growth from said adjacent or nearby property
or public way, and to restore any such lands to its natural condition prior to such removal and
eradication (including fill, grading, and seeding).
(b) The city shall also be authorized to remove and eradicate the plant(s) causing the
encroachment, upon the responsible party(s)' failure to properly contain the plant after notice.
(c) The cost of corrective action taken by the city shall be billed to the property owner whose
property was the source of the encroachment.
(d) If the charges assessed by the city for removal or eradication of the bamboo are not paid, then
the city, after having corrected the deficiency and violation, shall place its charges and
expenses as specified in the municipal lien docket as a lien against said property, and the city
solicitor shall be directed to enforce said lien or to collect the charges imposed by the city
by any other means that he may deem desirable and most advantageous.
ADOPTED: JULY 9, 2012
Ordinance #2012-17 - Amending Chapter 26 - Businesses, Article I - In General, Section 26-1 -
Sale of Dangerous Substances
Mr. Hare moved for adoption of the proposed ordinance, seconded by Mr. Lynn and, by a roll
call vote of six (6) yes, one (1) no (Mr. Anderson), and two (2) absent (Mr. Bonar and
Mrs. Williams), Council adopted Ordinance #2012-17, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 26 - Businesses, Article I - In General, Section 26-1 - Sale of Dangerous Substances,
be amended to read as follows:
Sec. 26-1. - Sale of dangerous substances.
(a) It shall be unlawful to sell or offer to sell any material, compound, mixture, or
preparation which contains any quantity of any substance categorized as Schedule I in
accordance with 16 Del.C. ch. 47.
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 14
(b) Penalties. Violations of this section shall be subject to fines in accordance with
Appendix F—Fees and Fines, section 1-17 and revocation of business license under the
provisions of Chapter 26—Businesses, Article II—Licenses, section 26-64.
(c) Enforcement. Any business that sells or offers for sale any of the prohibited items shall
be considered a public nuisance. The provisions of this section may be enforced by any
city inspector or officer of the police department after any substance found for sale at a
business tests positive for a Schedule I controlled substance in a field test performed by
the Police Department.
ADOPTED: JULY 9, 2012
COUNCIL MEMBERS ANNOUNCEMENTS
Council President Leary noted that Mr. Hare recently celebrated a birthday and that Mr. Anderson
had an upcoming birthday. He wished them both happy birthdays.
Mr. Lynn announced that a Joint Meeting of the Legislative, Finance, and Administration Committee
and the Election Board was scheduled for July 11, 2012 at 6:00 p.m. and that the topic would be
redistricting. He encouraged all those who were interested in the City’s redistricting to attend the
meeting.
Responding to Mr. Hutchison, Mr. Scott Koenig, City Manager, indicated that, according to the last
update that he received, the Boys and Girls Club was working toward a field house/building
combination to be located near the new Boy Scout facility on New Burton Road. He advised
members that the Boys and Girls Club had taken “a back seat” on the City’s offer to locate at Schutte
Park in order to pursue their option with Kent County. Mr. Koenig noted that if the organization’s
arrangement with Kent County did not go forward, they may consider locating at Schutte Park.
Mayor Carey thanked the Fourth of July Committee for their hard work on the event, including the
parade and fireworks, as well as the Delaware National Guard for their outstanding performance
during the evening.
Mr. Hare moved for adjournment, seconded by Mr. Lynn and unanimously carried.
Meeting Adjourned at 7:57 P.M.
TRACI A. McDOWELL
CITY CLERK
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CITY COUNCIL MEETING OF JULY 9, 2012 PAGE 15
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
July 9, 2012, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
/TM/jg
S:\AGENDAS-MINUTES-PACKETS\Council-Minutes\2012\07-09-2012.wpd
Paj 18
ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: July 16, 2012
PREPARED BY: Tim Taraila, Code Enforcement Supervisor; Ann Marie Townshend, AICP, Director of Planning and
Community Development
SUBJECT: 345 & 347 Northdown Drive, Dover, Delaware – Violation of Dangerous Building Ordinance
REFERENCE: Chapter 22, Article XI – Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22,
Article XI - Dangerous Buildings Cases # 12-1605 & #12-1606
RELATED PROJECT: N/A
APPROVALS: N/A
EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting.
EXPENDITURE REQUIRED: Preliminary estimate is $4,000-7,000.
AMOUNT BUDGETED: $150,000 Budgeted for all demolitions Citywide in the FY-2013 Budget
FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534-30-33.
TIMETABLE: As soon as possible.
RECOMMENDED ACTION:
1. Declare these buildings and all accessory structures on these properties dangerous.
2. Order the properties repaired by August 23, 2012 by the owner or equity owner at their own risk.
3. Order the Building Inspector to cause the repair of the exterior of the structures if not completed by the owner
within 10 days of the date established by City Council.
4. Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs to be charged against
the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an
assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.
BACKGROUND AND ANALYSIS
These properties are owned by Chesapeake Holdings WV VI, LLC. The properties are three story wood framed
townhouse units. The dwellings were condemned as unfit for human habitation due to no electrical service, incomplete
construction and to the various degree’s of deterioration of the structures. The units are the middle units in a group of six
townhomes. Currently the structures are still vacant, with no utilities and are in a serious state of disrepair.
Paj 19
ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: July 16, 2012
PREPARED BY: Tim Taraila, Code Enforcement Supervisor; Ann Marie Townshend, AICP, Director of Planning and
Community Development
SUBJECT: 357, 361, 365 & 408 Northdown Drive, Dover, Delaware – Violation of Dangerous Building Ordinance
REFERENCE: Chapter 22, Article XI – Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22,
Article XI - Dangerous Buildings Cases # 12-1607, 1608, 1609 & 1610
RELATED PROJECT: N/A
APPROVALS: N/A
EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting.
EXPENDITURE REQUIRED: Preliminary estimate is $40,000-50,000.
AMOUNT BUDGETED: $150,000 Budgeted for all demolitions Citywide in the FY-2013 Budget
FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534-30-33.
TIMETABLE: As soon as possible.
RECOMMENDED ACTION:
1. Declare these buildings and all accessory structures on these properties dangerous.
2. Order the properties repaired or demolished by August 23, 2012 by the owner or equity owner at their own risk.
3. Order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner
within 10 days of the date established by City Council.
4. Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be
charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax
duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.
BACKGROUND AND ANALYSIS
The properties are owned by Chesapeake Holdings WV VI, LLC. The properties are two story wood framed single family
homes. The dwellings were condemned as unfit for human habitation due to no electrical service, incomplete construction
and to the various degree’s of deterioration of the structures. Some of the homes have standing water in the basement,
tyvek blowing in the wind, with others being infested by birds which has caused insanitary conditions of the property.
Currently the structures are still vacant, with no utilities and are in a serious state of disrepair.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held on July 9, 2012 at
5:30 p.m. with Chairman Lynn presiding. Members present were Mr. Anderson (arrived at 5:48 p.m.),
Mr. Hare (arrived at 5:40 p.m.), Mr. Rushe, and Mr. Shevock. Members of Council present were
Mr. Perza (arrived at 5:31), Mrs. Russell (arrived at 5:57 p.m.), Mr. Hutchison, and Council President
Leary. Mayor Carey was also present.
AGENDA ADDITIONS/DELETIONS
The agenda was approved as presented by unanimous consent.
Review and Recommendation - Filling Critical Positions - Police Clerk II - Police Department
Police Chief James Hosfelt reviewed a request to fill a Police Clerk II position at the Dover Police
Department. He advised members that the vacancy was created by the retirement of an employee
at the end of the previous fiscal year.
Mr. Shevock moved to recommend approval of the request to fill the Police Clerk II position,
as recommended by staff, seconded by Mr. Rushe and unanimously carried.
Review and Recommendation - Filling Critical Positions - 911 Dispatcher - Police Department
Police Chief James Hosfelt reviewed a request to fill a 911 Dispatcher position at the Dover Police
Department. He advised members that the vacancy was created due to the previous dispatcher being
hired as a Police Recruit.
Mr. Shevock moved to recommend approval of the request to fill the 911 Dispatcher position,
as recommended by staff, seconded by Mr. Rushe and unanimously carried.
Requisite Legal Work for Proposed Rent Justification Ordinance (Lynn, Leary, and Bonar)
Mr. Lynn requested approval for the Deputy City Solicitor to be retained to conduct research for a
proposed rent justification ordinance. He stated that the ordinance would be similar to the recently
failed Senate Bill 97. He noted that the City of Dover has a number of communities zoned for
manufactured housing or as mobile home parks; therefore, this could affect a significant number of
City residents. Mr. Lynn explained that, at this time, the request was only to authorize legal research
to determine if the City could enact such an ordinance or whether the City would be precluded from
doing so under the doctrine of preemption.
In response to Mr. Rushe, Mr. Lynn requested that correspondence received from Mr. Fred Neil,
President, Wild Meadows Homeowners Association, that was previously distributed to members,
be made a part of the record (Attachment #1). He confirmed that the request was specifically for
manufactured housing and mobile home parks that are subject to or under the ambit of Chapter 70
of the Dover Code.
Mr. Shevock explained his understanding that deed restrictions would be different for each
community and questioned how this would affect such an ordinance. Responding, Mr. Lynn
suggested that this matter be included in the scope of work for the legal review.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF JULY 9, 2012 PAGE 2
In response to Mr. Perza, Mr. Lynn suggested that 8-10 hours of time be allowed for the Deputy City
Solicitor to conduct research on this matter and that once these findings were known, the Committee
could determine what, if any, further action should be taken in this regard. Council President Leary
suggested that the time allotted for the research be “up to 10 hours” rather than 8-10 hours.
Mr. Fred Neil, 521 Weaver Drive, President of Wild Meadows Homeowners Association, read the
following statement into the record:
As a former News Director at a major Baltimore Radio Station & Press Officer for
Mayor William Donald Schaefer during Baltimore's Harbor Place creation days, I
am very sensitive to basing comments on verifiable facts. This is particularly true in
dealing with the governance involving taxpayers.
As law makers, you have at your fingertips:
• Zoning including the number of communities zoned for
manufactured or so called mobile housing.
• The number of manufactured homes in these communities.
• Tax records should reveal when homes are sold, left vacant,
re-sold, & selling price and the tax records involved.
• In my community, Wild Meadows, our homes that were
purchased new and sold for approximately $80,000 to $200,000
are now selling at 30% to 50% less that the original cost, while
rents have increased 40% from the time I moved in 2003 from
$300, which remained the fee, until all lots were sold and then
the jumps in rent began. It is now $420.50.
With Calpine on side of the community and Firefly at our front doors, I think the
current assessment on my home of $119,000 will drop significantly when you look
at home sales in the near future in my community.
You have access to the Assessment Appeals Hearing of my community, in May 2007,
when the property which had been assessed at $5 Million and the City wanted to
raise the Assessment to $11 Million and a compromise was reached at $7.5 Million.
Because we are a 55 Plus community, we are particularly sensitive to rent increases,
particularly when we have maintenance concerns which then becomes a consumer
protection issue.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF JULY 9, 2012 PAGE 3
According to the appeals hearing the Appraiser hired by managements said of the
$1Million collected in rents 20% was spent on the maintenance. At the time we
weren't quite at $1 Million but it was close.
Thanks to our Dover elected officials, who have always been welcome to attend our
meetings, the City of Dover have always stepped to help when we have legitimate
problems, that if we were truly a part of the free market or free enterprise wouldn't
have needed help. To name a few, incorrectly paved streets that flooded, swales that
acted as speed bumps, a huge pile of cut vegetation that served as harborage for the
rats, raccoons, snakes of the wet lands across our drainage ditch, and the snow
removal that blocked our driveways, fire hydrants and mail box pods.
Direct efforts by a member of the City Council to resolve concerns between home
owners over maintenance demonstrated the hostile stance of the land owner who has
extraordinary power over his customers. Since the values of our homes are effected
in large part by the appearance of a stained entrance, rusting club house doors and
used worn furniture should have been simple. We agree, we don't agree and when
the work would be done.
When you can't enforce the law, there is no controlling the degree of arrogance a
community owner can exhibit.
There lies the rub.
No other business in Delaware can pass on a Fine with impunity. Any other business
would risk business to a competitor if they raised their prices to recover a Fine and
legal defense costs. Why should they obey the law if they can recoup the costs of a
Fine and legal defence?
Fear is one the greatest factors for people in manufactured home communities for
not speaking out. While Wild Meadows Seniors vote and attend meetings, and give
back to this community in many ways, the folks in places such as Dover East Estates
and Dover Air Park live in fear of organizing or complaining because they are afraid
of losing their homes. They don't know you need a court order or that you can fight
for what the law says.
Regular mortgages are low. Chattel loans on our homes are 3 X to 5 X more. You
need low cost housing to keep business going. The people in homes on leased land
need real consumer protection.
Any help the City of Dover can provide will pay dividends now and in the future.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF JULY 9, 2012 PAGE 4
Mr. Neil urged members to develop a law that might provide some type of protection for
homeowners. It was his opinion that if homeowners were provided full disclosure, none of the
homes in that area would have sold, except to desperate individuals, and if there were a rent
justification law, these homeowners would be protected. He requested the City to provide assistance
in this matter.
Responding to Mr. Hutchison, Mr. Neil stated that the Wild Meadows Homeowners Association had
been working with the General Assembly on this issue in an attempt to resolve the problem.
Mr. Rushe moved to recommend the authorization of 10 hours of legal work to investigate a
proposed rent justification ordinance, seconded by Mr. Shevock and carried, with
Mr. Anderson voting no.
Proposed Policy for Requesting Legal Work/Opinions
Mr. Lynn advised members that he made a request for legal research to be conducted by the City
Solicitor’s Office regarding the proposed rent justification ordinance and, as a result, City staff was
contacted since it appeared that the request would require significant resources. He stated that this
raised the question as to how an individual member of Council could request legal opinions/work
from the City Solicitor’s Office. Mr. Lynn felt that establishing a policy would provide an avenue
for each member of Council to engage the City Solicitor’s Office for legal projects. He noted that
a policy entitled “Council Requests for Projects” was adopted by City Council during their Regular
Meeting of August 27, 2001 and was in place for requests for staff from Council but did not include
legal work. He felt that it would be prudent to develop a procedure by which members of Council
could order legal work to be conducted on individual projects and that legal work of significant size
would require review by the Committee and approval by City Council.
Council President Leary explained that if members of Council have questions for staff, staff would
be expected to respond since they are already on the payroll. Since the City Solicitor’s Office is not
on the City’s payroll, every time the City Solicitor answers the phone, billing time begins and there
is an expenditure of funds. Noting that if 9-10 people were to call the City Solicitor separately, it
could become expensive and he felt that there was a need for some sort of procedure to be in place.
Mr. Rushe relayed concern that establishing such a procedure could create problems if a response
from the City Solicitor’s Office were needed within a short time frame. Concurring, Mr. Lynn felt
that such a procedure could result in members attending a meeting without the necessary legal
research on a particular agenda item and no guaranteed opportunity to remove the item from the
agenda to allow time for research.
Council President Leary noted that a phrase could be included in the policy that would allow the
Council President the discretion to override the policy in certain circumstances.
Mr. Anderson concurred with the concept but relayed concern that a single member of Council could
obligate 80% of the City Solicitor’s time, which could result in an exorbitant expense for the City.
Mr. Anderson stated his opinion that it might be appropriate to allow Council Members to request
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF JULY 9, 2012 PAGE 5
legal work that would not exceed an hour; however, it was his feeling that greater leeway for
additional time should be allowed for legal research related to an item that the Committee Chairs had
already agreed to place on an agenda.
Mr. Hare noted that agendas were published in plenty of time prior to a meeting so that if a member
of Council had a question or concern, they could contact the City Clerk’s Office, who could then talk
with the City Manager, appropriate Chairman, and the Council President regarding the possibility
of a legal opinion/review.
Mr. Lynn questioned if the policy would affect City staff as it relates to legal opinions from Bond
Counsel.
Mr. Perza questioned if issues had arisen that created the need for such a policy. He stated his
concern that members of Council have independent ideas and expressed his hope that those
responsible for making decisions regarding engaging the Solicitor’s services would not be able to
“suffocate” that creativity by denying access to information, limiting access to legal review or
research, or stifling ideas by over-researching possible policies before they are even considered by
a committee. He indicated his feeling that the time to begin determining whether a matter is legal
or not would be after a the committee reviews policies and recommends approval by Council, rather
than before a committee meets to consider the matter. This would prevent the expenditure of funds
that may not be necessary for those instances when such a policy does not have the support of the
committee and/or approval of Council.
Concurring, Mr. Rushe felt that the creation of a procedure for requests for legal opinions/research
would only add more bureaucracy for something that was not necessary.
Mrs. Donna Mitchell, Controller/Treasurer, stated her concern with staff’s need to obtain legal
advice from Mr. Kirk Betts, Bond Counsel, etc. She explained that most of the needs for legal
opinion or advice come before Council, such as the Request for Proposals (RFP) recently prepared
by Mr. Betts; however, sometimes legal issues arise based on current needs which may not go before
Council. It was her hope that staff would still be authorized to move forward with those types of
requests by submitting them through the appropriate Chairman or the Council President.
Mr. Hare moved to recommend that requests for legal work performed by the City Solicitor
or Deputy City Solicitor from Council directly be handled on a case-by-case basis in the future.
The motion was seconded by Mr. Rushe and unanimously carried.
Review of Grant Application - Disaster Recovery for Critical Infrastructure (DEMA)
Mr. Scott Koenig, City Manager, reminded members that the City of Dover requested and received
funding from the Delaware Emergency Management Agency (DEMA) State Homeland Security
Grant Program (SHSGP) for the purchase and installation of equipment related to improvements in
Information Technology (IT) Disaster Recovery and critical infrastructure. He stated that funding
for this project was provided under short notice to the City due to other municipalities in the State
not completing their projects by the due date set forth by the federal government. He noted that all
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
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costs associated with the project would be charged to IT and that 100% of the project costs would
be reimbursed to the City upon application for reimbursement. Since the full amount of this grant
was not budgeted, it was requested that when funds are reimbursed to the City, they be returned to
the IT budget in order to complete budget expenses.
Members were advised that there were no additional ongoing expenses related to this grant since
funds would be used to replace existing, outdated equipment and the maintenance costs budgeted
to maintain the old equipment would be sufficient to maintain the new equipment.
Staff recommended authorization to complete the project and request reimbursement for all costs
associated with the purchase and installation of the backup solution and infrastructure improvements.
It was noted that, due to time constraints, staff requested that this matter be considered during the
Council Meeting later in the evening for final approval.
Referring to the request for funds to be returned to the IT Department budget, Mrs. Donna Mitchell,
Controller/Treasurer, explained that, in accordance with accounting procedures, when grant monies
are received, they must be shown as a receipt in revenue. As a result, the expenditure would be over-
budgeted; however, there would be revenue to offset this. She noted that when budget revisions are
presented later in the year, this would be corrected and funds would be returned to the IT budget.
In response to Mr. Shevock, Mr. Koenig indicated that since the City’s project must be completed
by September 2012, this matter was put on a “fast track.” If Council were to approve the
authorization to complete the project, staff would immediately begin working on ordering and
purchasing the equipment. Receipt of reimbursement was expected through the DEMA grant within
30-60 days after submission of the City’s reimbursement application.
Noting that this project was not budgeted, Mr. Perza requested that staff be certain to complete the
necessary paperwork and have it submitted in a timely fashion to assure reimbursement.
Mr. Anderson moved to recommend approval of staff’s recommendation for authorization to
complete the project and request reimbursement for all costs associated with the purchase and
installation of the backup solution and infrastructure improvements. The motion was
seconded by Mr. Hare and unanimously carried.
Value Study of Positions (Councilman Hutchison)
Mr. Hutchison reminded members that after the 2011 Municipal Election, the first order of business
was the review and approval of the City’s budget. At that time, members were advised that the City
was projecting a $3.4M budget shortfall; however, as a result of the significant efforts of staff,
members of Council, and the Mayor throughout the year, that amount was reduced to $600,000. He
noted that this reduction was also due to several retirements, employees who found other
employment, etc. Mr. Hutchison stated his opinion that controlling personnel costs for current
employees and future retirees was critical to balancing revenue and expenses and that current pay
policies do little to help maintain these costs. He suggested that a workshop be held to begin
working on next year’s budget and allow members to identify issues and concerns pertaining to
personnel costs.
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In response to Mr. Anderson, Mr. Hutchison suggested that the workshop be held with participation
from the Mayor, Council, and the City’s management team. He noted that the pending Salary and
Benefits Compensation Comparison Committee Report should be part of this process.
Mr. Anderson reminded members that the final report of the Salary and Benefits Compensation
Comparison Committee remained pending.
In response to Mr. Lynn, Mr. Hutchison confirmed that his request was for the approval of the
scheduling of a workshop comprised of the Mayor, Council, and City staff for the purpose of
examining and controlling personnel costs into the future.
Responding to Mr. Lynn, Mr. Perza indicated that, as Chairman of the Salary and Benefits
Compensation Comparison Committee, he anticipated that a final report would be submitted in the
near future, noting that a final meeting was scheduled to be held in the third week of July. He
expressed his opinion that changes to the report made at that meeting would be more stylistic than
substantive. Mr. Lynn stated that, should the Minority Recruitment Committee and Salary and
Benefits Compensation Comparison Committee Reports be required in order to schedule a workshop
as requested by Mr. Hutchison, the soonest that such a workshop could be held would be late
August 2012.
Mr. Scott Koenig, City Manager, stated that his only concern would be to allow for the finalization
of labor negotiations before a date was set for the workshop.
Mr. Hare moved to recommend that once the Salary and Benefits Compensation Comparison
Committee Report and Minority Recruitment Report are received and all labor negotiations
have been completed, the City Manager submit a date for a workshop with the purpose of
identifying issues and concerns pertaining to personnel costs. The motion was seconded by
Mr. Anderson and carried, with Mr. Lynn voting no.
Responding to Mrs. Russell, Mr. Lynn concurred that the earlier such a workshop could be held, the
better, in order to complete the review before the budget preparation begins.
Mr. Shevock moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting Adjourned at 6:26 P.M.
Sean M. Lynn
Chairman
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Attachment
Attachment #1 - Email Submitted by Mr. Fred Neil - The City of Dover and Homes on Leased Land
Paj 27
ATTACHMENT #1
LF&A Committee Meeting of 07/09/2012
From: McDowell, Traci
To: City Clerks Office
Subject: FW: L&F Tonight
Date: Monday, July 09, 2012 1:30:50 PM
This e-mail has been blind copied to the Mayor, City Council Members, and civilian LF&A
Committee members.
Please see message below from Mr. Fred Neil which is being sent at the request of Councilman
Lynn. This item is scheduled for consideration by the LF&A Committee tonight.
The City of Dover and Homes on Leased Land
The City of Dover has a number of communities zoned for
Manufactured Housing or as Mobile Home Parks ranging
from the upscale 55 Plus Wild Meadows to Dover Airpark
and Dover East Estates low income communities.
Common to each are:
They are principle residences for the individuals or families
that own or are buying the home.
They are responsible for property taxes for their homes for
Dover and Kent County.
They have no say over the maintenance in their
communities.
They receive no accounting as to what is spent on
maintenance and repairs.
There is no law enforcement as Fines for breaking the law
and the legal defense costs can be added to the yearly rent
increases, thereby making the victims pay.
Without a requirement of full disclosure, any one purchasing
a home on leased land is immediately removed from the free
market.
Unlike the free market, a home owner must either sell the
home at a loss or, if unable to sell must give the home to the
community owner in a financial eviction and lose all of the
equity in the home.
The situation is exacerbated by the fear factor. The
Paj 28
community owner holds such power that by threats of
eviction, home owners fear complaining to authorities.Civics
101 teaches that homes ownership stabilizes neighborhoods
and benefits the Government entity. Home owners are
generally considered beneficial in determining services and
tax income.
The home owner benefits by increasing the equity in their
homes. They enjoy the most favorable mortgage cost.This
does not occur in a leased land communities. Dover City tax
records should reveal the turn over in home owners in
leased-land communities. The Wild Meadows 55 Plus will
have fewer financial evictions, but more from deaths, as
seniors, many in the community still work or are hard
pressed by the unlimited rent increases.
The values of the homes have dropped even more than the
current recessional in-fee Free Market. A financial eviction
means the home owner has lost all equity in the home.
Unlike a change in land use when the Relocation Trust
Authority (RTA) can contribute something towards either
moving the home or providing a small amount of
compensation for a home which can not be moved, the
home owner receives nothing.
To borrow to buy a home on leased land, the purchaser will
receive a chattel loan at 3 to 5 times the rate of a standard
mortgage. Why Dover should be Concerned with Homes on
Leased LandJobs.
Affordable housing is needed for low and moderate income
wage earners.
The largest block of non-taxpayer subsidized affordable
housing is on leased land. If you wish to create or expand
business in the Dover you need afford housing.The Role of
Government: The role of governments is to protect people
who would not be able to protect themselves without
enforceable lawsJ. While different segments of government,
State and County, are responsible for protection elements,
Paj 29
can the City ignore the area where the State and County
does not protect the citizens of Dover from abuse?
Problem Areas to be Considered
Fines do not enforce laws because of the unlimited yearly
rent increases permitted by state law. At stake are health
issues regarding sanitation, septic tanks, and water when
not supplied by the City of Dover.
Lack of full disclosure when purchasing a home on leased
land. (See full disclosure statement).
No requirement to set aside rent money for maintenance and
repairs.
No information given to home owners on rent money spent
on maintenance and repairs. Challenges
Free enterprise: The decision to purchase a home on leased
land is the last of free enterprise that exists and the home
buyer becomes captive to the system after the purchase.
Community owners will use home owners rent money to
challenge any change in the law in court. The legal defense
of the change will be with taxpayer money, pro bono
attorneys will help (National Consumer Law Center, etc.).
Community owners will recruit and financially sponsor (with
home owners rent money) election opponents to run against
council member brave enough to support any measure o
help home owners.
Potential Outcomes
Rent Justification is enacted stabilizing and preserving
affordable housing.
Other laws are enacting providing greater protection for
home owners in leased land communities.
Publicity raises increased awareness of problems of leased
land communities.
Community owners change their business model to include
long term leases with specific percentage increases.
Paj 30
Real disclosure before purchasing homes.
Community owners request zoning changes to change land
use.
Sean M. Lynn, Esquire
Lynn, May & Perza, P.A.
34 The Green
Dover, Delaware 19901
302-736-1776 (phone)
302-736-1780 (fax)
slynn@thedelawarelawyers.com
http://www.thedelawarelawyers.com
PRIVILEGE AND CONFIDENTIALITY NOTICE
The information contained in this e-mail message is attorney-client privileged and/or
confidential information intended for the use of the named recipient only. You are hereby
notified that any dissemination, distribution, or copying of this communication is
prohibited.
If you have received this communication in error, please immediately notify the sender by
replying to this electronic e-mail or call us at (302) 736-1776. Thank You.
Paj 31
JOINT LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE AND ELECTION BOARD MEETING
A Joint Meeting of the Legislative, Finance, and Administration Committee and Election Board was
held on July 11, 2012 at 6:00 p.m. with Chairman Lynn presiding. Legislative, Finance, and
Administration Committee members present were Mr. Rushe and Mr. Shevock. Mr. Anderson and
Mr. Hare were absent. Election Board members present were Mr. Garfinkel (Chairman),
Mrs. Legates, Ms. Johnson, Dr. Matthews (arrived at 6:04 p.m.), and Ms. McDowell-Boyer. Members
of Council present were Council President Leary, Mr. Hutchison, Mr. Perza (arrived at 6:03 p.m.), and
Mrs. Russell. Mayor Carey was also present.
AGENDA ADDITIONS/DELETIONS
The agenda was approved by unanimous consent.
RESULTS OF NAACP REVIEW OF PROPOSED COUNCIL DISTRICT BOUNDARIES
Mrs. Traci McDowell, City Clerk, apprised members that on September 22, 2011, the Election Board
reviewed and recommended approval of a proposed reapportionment of the Council district
boundaries (Attachment #1). It was the consensus of the Election Board that the maps and data
should be sent to the National NAACP office for review prior to forwarding the proposal to the
Legislative, Finance, and Administration Committee for consideration. The maps and data were sent
to the NAACP on September 30, 2011. Due to the number of requests for review, a response was
not received from the NAACP until January 16, 2012. The NAACP review indicated a slight
difference between their numbers and the City’s numbers, which still met the requirements of the
consent decree.
She reminded members that on January 17, 2012, Mr. Adam Perza filed and subsequently ran
unopposed in the 2nd District. She explained that the proposal recommended for approval by the
Election Board on September 22, 2011 would move Mr. Perza from the 2nd District into the
4th District.
Mrs. McDowell introduced Ms. Janelle Cornwell, Planner II, who serves as the City’s liaison with
the Census Bureau and the Delaware Population Consortium, to discuss the difference between the
NAACP’s numbers and the City’s numbers and to review the revised map which proposed to move
Mr. Perza back into the 2nd District, where he was properly elected by that District.
Ms. Cornwell informed members that the difference between the NAACP’s numbers and the City
of Dover’s numbers was due to the fact that the NAACP utilized data relating to one (1) race only,
the Black/African American population. She explained that for the 2010 Census, individuals were
able to choose more than one (1) race, and that after consultation with Deputy City Solicitor
William Pepper, the City considered the Black/African American population to include other
combinations of races, for example Black/African American and Asian, and Black/African American
and Hawaiian.
Mrs. Legates moved to accept the City’s method of calculation (using mixed races), seconded
by Ms. Johnson, and unanimously carried by the Election Board.
Paj 32
JOINT LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AND
ELECTION BOARD MEETING OF JULY 11, 2012 PAGE 2
REVIEW OF REVISED PROPOSED REAPPORTIONMENT OF COUNCIL DISTRICT
BOUNDARIES
Ms. Janelle Cornwell, Planner II, who serves as the City’s liaison with the Census Bureau and the
Delaware Population Consortium, reviewed a map entitled “Changes to Proposed Council Districts
2 and 4" (See Attachment #2). She explained that the change in the proposed districts between
Districts 2 and 4 would result in a difference of 158 people, 58 of whom are Black/African
American. The change would increase the overall population percentage of the Black/African
American population within District 4 to a little more than 70%, and Ms. Cornwell reminded
members that the Consent Decree of 1988 stipulated 65%. She stated that the percentage of voting
age population in District 4 would be more than 65%.
Mrs. Legates moved to accept the map amendment moving residents from the 4th District to the 2nd
District. The motion was seconded by Ms. McDowell-Boyer.
In response to Mrs. Legates, Mrs. McDowell explained that when staff presented the proposal to the
Election Board on September 22, 2011, the census blocks contained in the amendment were moved
from the 2nd District to the 4th District. Due to the time constraints for filing petitions and the length
of time it took for the review to come back from the NAACP, the redistricting was delayed until after
the City’s municipal election in April. Subsequently, Mr. Perza filed for City Council, ran
unopposed, and was elected in the 2nd District; however, the proposal (as recommended in
September) would move him to the 4th District. Staff proposed to move those three (3) census blocks
back to the 2nd District, which would leave Mr. Perza in the 2nd District instead of moving him to the
4th District.
In response to Dr. Matthews, Ms. Cornwell explained that the proposal would move 158 people from
the 4th District to the 2nd District, resulting in a population of 8,900 for the 4th District and 9,138 for
the 2nd District. The percentage of total population would be 25.3% for the 2nd District and 24.7%
for the 4th District, which she stated was well within one (1) percentage point of the target district
size of 9,012 (which would represent an equal number in all four (4) districts). She stated that the
movement of those 158 people from the 4th District to the 2nd District would slightly increase the
overall percentage of Black/African Americans in the 4th District.
In response to Mrs. Legates, Ms. Cornwell confirmed that those who were moved would be notified.
Responding to Dr. Matthews, Mrs. McDowell explained that staff did not know if the Legislative,
Finance, &Administration (LF&A) Committee would accept the recommendation of the Election
Board, or, if it did, that Council would. The proposed course of action would be that when the
LF&A recommendation moves forward to Council, Council would set a public hearing to be held
at the First Reading and a public hearing to be held at the Final Reading. Staff would then heavily
advertise that the City of Dover was looking at redistricting, provide a number to call for individuals
who thought they may be affected after they see the maps, and have the maps on display for review.
Once the final map was approved, staff would send letters to notify those affected that they had been
moved.
Paj 33
JOINT LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AND
ELECTION BOARD MEETING OF JULY 11, 2012 PAGE 3
Dr. Matthews questioned whether there were any issues with people who are deaf or blind and
suggested that staff consider another manner of notification, in order to comply with any Americans
with Disabilities Act (ADA) requirements.
On a call for the question, the motion to accept the map amendment (Attachment #2) moving
residents from the 4th District to the 2nd District was unanimously carried by the Election
Board.
Mrs. Legates moved to recommend acceptance of the revised proposed reapportionment of the
Council district boundaries (Attachment #3), seconded by Dr. Matthews, and unanimously
carried by the Election Board. (Clerk’s Office Note: Maps of the revised proposed
reapportionment of the Council district boundaries for each Council district (Attachments #4-7) as
well as the Proposed Council Districts with 2010 US Census Blocks (Attachment #8) were available
during the meeting.)
On behalf of the Legislative, Finance, and Administration Committee and members of City Council,
Mr. Lynn thanked the members of the Election Board for their hard work and time spent ensuring
a good and positive result for the citizens of Dover.
Mr. Lynn stated that members of the Legislative, Finance, and Administration Committee heard the
presentation, discussion, and decisions of the Election Board regarding the revised proposed
reapportionment of Council district boundaries.
Mr. Shevock moved to recommend acceptance of the proposed reapportionment of the Council
district boundaries, as recommended by the Election Board. The motion was seconded by
Mr. Rushe.
In response to Councilman Hutchison regarding the proposed map amendment moving residents
between what was originally proposed District 4 and District 2, Ms. Cornwell stated that 158 people
would be moved, which was less than one (1) percentage point being changed between the districts.
Consequently, all districts would be within one (1) percentage point of containing 25% of the total
population.
Council President Leary thanked the Election Board and members of staff for their hard work.
Mayor Carey stated his satisfaction and thanked all of those involved in the process.
Mr. Cecil Wilson (co-plaintiff with the NAACP in the case of the Central Delaware Branch of the
National Association for the Advancement of Colored People v. the City of Dover which resulted
in the 1988 Consent Decree) stated that he did not have any concerns with the proposal. He thanked
the members of the Election Board and Legislative, Finance, and Administration Committee, as
well as Deputy City Solicitor Pepper, the City Clerk, and all of the other City departments for their
hard work and communication with the National NAACP. He acknowledged the presence of
Paj 34
JOINT LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AND
ELECTION BOARD MEETING OF JULY 11, 2012 PAGE 4
Ms. Sara Jones, Secretary of the Central Delaware NAACP branch. Mr. Wilson also thanked
Councilwoman Russell for her presence as a representative of the 4th District.
Ms. Sara Jones, Secretary of the Central Delaware NAACP branch, stated that she did not have any
questions or concerns but expressed her feeling of happiness that the reapportionment would be
moving forward and that the local branch of the NAACP would be able to meet with the City in the
future so that they may be knowledgeable of what is going on in the City. Ms. Jones also expressed
her appreciation for the help provided by City staff in preparing for this meeting and informed
members that the information regarding the City’s reapportionment would be shared with the local
NAACP branch on the last Tuesday in July.
Councilwoman Russell stated that she was satisfied with the proposal and expressed her feeling that
the boundary lines were easier to understand compared to when she first ran for City Council.
On a call for the question, the motion to recommend acceptance of the proposed
reapportionment of the Council district boundaries (Attachment #3), as recommended by the
Election Board, was unanimously carried by the Legislative, Finance, and Administration
Committee.
Dr. Matthews moved for adjournment, seconded by Mr. Rushe and unanimously carried.
Meeting Adjourned at 6:19 P.M.
Sean M. Lynn, Chairman
Legislative, Finance, and Administration Committee
William Garfinkel, Chairman
Election Board
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Attachments
Attachment #1 - Proposed Council Districts Map (dated October 7, 2011)
Attachment #2 - Changes to Proposed Council Districts 2 and 4 Map
Attachment #3 - Proposed Council Districts Map - Council District Boundaries based on the 2010 Census Data
Attachment #4 - Proposed Council Districts - District 1 Map - Council District Boundaries based on the 2010 Census Data
Attachment #5 - Proposed Council Districts - District 2 Map - Council District Boundaries based on the 2010 Census Data
Attachment #6 - Proposed Council Districts - District 3 Map - Council District Boundaries based on the 2010 Census Data
Attachment #7 - Proposed Council Districts - District 4 Map - Council District Boundaries based on the 2010 Census Data
Attachment #8 - Proposed Council Districts with 2010 US Census Blocks Map
Paj 35
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Population Percent Population Percent
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Date Printed: October 7, 2011
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File: m:\gis_data\projects\redistricting_maps Acres
\redistricting map previous versions 10-11 Rodney
Department: Planning Office Village
City of Dover, Delaware
1 inch = 1,339 feet
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Percent Percent Percent Percent
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Population Population Population Black/African Black/African Population Population Black/African Black/African
Black/African
Date Printed: July 9, 2012
DoverBStreets
Total Total District 2 Total District 2 American American Total District 4 Total District 4 American American
prior to move Goo t after move prior to move after move
Sherwood Ct
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File: m:\ps_data\projects\redistricting_maps
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District 2 District 2 District 4 District 4
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City of Dover, Delaware
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N D upo n
Ct Teak Ct
Rd Av ut L
m
Up
ed o
t ew
N Qu
Kl r St i ll Acacia Pl
Fox est S il l D
tg Hazeltine Rd
nh
B la n Edgehill
Dr
B ic e
Hom berg Cir
F re n
d
el R
e e in
r ee
L iber t y Dr
um Tr M
G r Edgeh ill A v e
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Dr
io t D St w St N St H a z y la n d A v District 1 8933 24.8%
Saint Bernadino Cir
la r a NG
Ct
Hall
eR
C een M ar t N Li ttl e Cr ee k Rd
Declaration Dr
t
n tenn ia l
c Bl
Dr
th S
t S Ma
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Ed
Smi
West
y
d r
Sau l
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t Hw
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gem
iv i
Dr
St District 2 9138 25.3%
a ll vd St e rta
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t pl
Ex M a ry
xH
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on
Ei g er Ma
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Sp ring Garden Ln
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la r a
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Essex Hall Co bb les
ve
sb ur
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to ne L n
y
ta i l
Pe
e al C t
En glish Village St N American Ave
y Dr
t
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B lv d H
Con tinental Dr
n
b le
olo St District 3 9076 25.2%
le S
Ln
ll
Ken
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Cold Spring Pl ow
e c il S
ic k
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a
s
Va Blu ecoat St
K in g
ow
Ivy Hall Delaware Ave
M ap
T Kent y Rd Ave Sw
ll ir Caldwell Ct
C
le
ge
Ta y Pl to ne C
t
nt
C t Av
S to Pro spe ct Pl
Gree n
Fie ld s Fl
i
S h il
Briarwood Ct
Va l C le L Nob Hill Rd
n St
e y Dr r
d
Ol
e
rk w o
lA
Pa ul R ve re
P ew Du
B lad e D
Rd Clearview
N Caro line Pl
o
F u lt
n Pl
e R id
District 4 8900 24.7%
ve
ney e Ct
on R
l
ill
riw inkl
on
Pe Geo rg e Washington Dr
te r C Penn Ave po C o rn
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h
Chelsea Way Sto ne Brook Pl Ct er C t
Meadow
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G re en w
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Dr
G
Tu c k
o
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d
an
e t C ir Independence Blvd
Ln y St Hw
Total 36047 100%
an A
Ma tthe w Sq G re en w ay We s
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ver Rd
n Ct
rm
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ve
Dr
Dr A ndrew D r ke
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Ct
ton D r
rs on C
t
to n E Reed St
hn
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Afto n C t
K ir k
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nn
t h Way
Fairway L akes Dr
s Ct
F orre st Ave WR
Marsh Creek Ln Dr S S ta
Ad a m R eg ent St
F o re s
Cou rtside Dr
u
Forrest Ave t St
Cran berry Run Dr te S
aza
Si gn a l St
June Ln
JH Bro wn Blvd
n Pl
woo
Gibb s Dr
D
een
Moriarity St
rm a
r
tr e e
arc h
B e rtran d Dr
ck e W ay In gram St
M
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Bed ford St St
Lo o
Linc ol n S t Population of Percent Population Percent
M in or t A ly
St Co u r t S t
it e
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t
Barris ter Pl
ay
ck C
d St Yo
dW
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Woo dsto
e of
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St rty
Faw
S S a u ls
h St Libe
W L oo Council
Cou ntry Dr Margar et Ct
f fl i Du k S Lit tle Cr ee k Rd
Ra B
N o rt
ay Holmes St
o
E
N Farm view Dr
i lr
oa d Av e R iv er R d
nR J e ru s al
Park
R
t Black/African Black/African All Other All Other
Loockerman St Federal St
d
Ja wd Dr Ma
n St hS
Reese StPaul St
S Fa rm vie w Dr
Av e
N o rt
William Penn St Ea s
Ir m a S
Da vis Cir
d
em W K
District
Bennington St rti
e nt Av
W
Dr The t Av Miller Rd
e
il l
G rn
Trafalg a
Lev
b u ry R
Wo o d m
E W
ay
Slaughter St Clarence St Co
nS
American American Races Races
Hayes Cir
e
Ln a te r S t Maggie s Way
l Ct
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Min im
k
wg yC
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B an Av e
t
Capital
L e g is
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t
Otis Dr
t
ill
rC
r r ta d A v
K erb
ou
t e r Dr B an
a St
e
u n S tate H
wl
tg u n
be
Su ssex Ave St rt
la ti v
r Fo D Dr
Simon Cir
Village R o w fo
in R
s MC
District 1 3106 34.7% 5827 65.2%
Ln
Green
d
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t
A ly
Ki
te r S
d
Wo r c h
lv
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e Av nB
a Ct
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r
m a lm Te
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wy 1
rt o n
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of SW
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s l e m be
ch
To ll d Collins Dr
er Ha
ib ra t
st C E Broadstairs Pl
ho
i s S au
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ne St New Castle Ave
St
y
de
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F a ir
Be
bi us e C
S State St
W Bro adstairs Pl
Westover o u th
fl in es t
e on
e
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tt Penning to n Pl
Pl y Kearsney Ct
S
Dr
l sb u
r
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S cu ll
Te
t Hw Ct
Cannon
n ge
He
En terprise Pl
es
R un C on ne cto r
No St nd
e
District 3 3866 42.6% 5210 57.4%
W Holy Cross Elementary School
Bl u
a
Charring Cross Dr Ma
to ry R
um
Eden
rt h
Mill ve p on
ll Pl
le R d
Thames Dr
Wemyss Rd
Rd
Lly o
S Ne w St
ttv il
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Pu
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S Greenberry L n
D H az Ho pe St S Du District 4 6286 70.6% 2614 29.7%
Ja w r
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bl
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d St
m
ey
r
n
ff r Katrina Way
Dr ve Bul ld
k in A
es ic
Ct
Ba
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Ann Moore St
a ra c
Je
Ct
W ay
La
Sa c k og D r
P
Sa
Foods
Quillen St
ure yR
Gagen Ct
Do ve r St Wi
Traffic Circle fe
ck
Wy o m ing M i l
d
l Dr
re Ct
ty St
Ln
C
hi
St
an
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no
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Pin e
rb
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ty
De
n
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M
le
ff e
vd
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Department
rw
da
yshire Ave
D
Good en Ave
Ele c
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r
Morris
Mo nr oe Te r
n
Su ns et Te r
La
Sh
Ct
n
kL
s St
xo
L o tu
W aples Ave
S Br ad fo rd St
Sa oo
of Rd
itti
r n
Br
gr
i ll
b
eL
tric
Estate it
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al ns
Sign Shop Rd
G
Transportation
ak
Sh an k Rd
ee n
v ra
am ch r
u l Rd Ave Eve
rr is D r
D ns
Be
Park Ave
r Ko
Dr
Janeka L n T
Nottingham
Woo dford Dr
Mo
W yo m in g Av e
Dr
Schutte
Ev President Dr
er g r e
en
Meadows Dr
Evergreen Cir
Ro os ev elt Av e r A ve
Park
rto Wo o
d s edge Rd
n Ga
C harl R d Capital
Jefferson Ter
la x
River Chase D r
Wood
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es Yearsley Dr burn
C ir
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Bu
lly Dr Wes twoo d Dr M a llar d
Dr
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w
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St State Street Rd
e
n
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an
ew
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ar to
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Ba
in
sep
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Creek Ben d Rd eR
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n
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Rd Ct
Total Population: 36,047
Sh
d ow Rd
le r
Creek
rl
Bl
Ba Sir Evans Way F o w d
eR
a
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st
Crossgates
Ct
Baker Turn
Ca
Canal St L n
Mays
Crickle Creek Ln ea
ts
D
Dr
Rd
Ave
Dog woo d Ave Do
Winterberry Dr
F id Bu f
tan
Ja ne s
Target District Size: 9,012
gw
d le Po
A ld er R d
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Dover
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dC rs
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t ne er
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Av e Air
ir
M o ck in g b ir d
n
ors
Av e
up o Ln
n i ck
Force
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Tu rn er Dr M im o s a A v e
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v e rn
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ta te
Rd
Date Printed: July 9, 2012
Acres
Paper Map DISCLAIMER:
File: m:\ps_data\projects\redistricting_maps
Rodney
By acceptance of this map material, you agree to the following:
\redistricting map city 30x40 7-12
This map material is made available by the City of Dover, Delaware as a public service. The
material is for reference purposes only, and the City makes no warranty, representation, or
Department: Planning Office
Village
guaranty as to the accuracy of the material. You release the City, its agents, servants, and
employees, from any and all liability related to the material, including its accuracy, availability,
City of Dover, Delaware
use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered
related to the use of this data including, but not limited to, physical injury, death, property
damage, economic loss, or other consequential damages suffered by the Recipient or others
arising from any inadequacies of the digital data or the Recipient’s use of this data.
1 inch = 1,327 feet
The material is in the public domain and may be copied without permission. Citation to the
source would be appreciated.
Any errors or omissions in the material should be reported to the City of Dover, Delaware’s
Public Services Department
Paj 38
r
sD
Toddlers Way Campus Dr
Techno logy Dr
W Ca m p u s Dr m
pu
Ca
City of Dover
E
De
ar
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c
Del
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Proposed Council Districts
D
Tech se
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a
ar Bl
vd Mall
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C
f o r d a rro
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C ra w ll
gh Rd
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Av
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Proposed District 1 - 8933 (24.8%)
G
r is m
ill
t
Pl
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Proposed District 2 - 9138 (25.3%)
Ke
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Road
Business i ty
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Park er
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v
ni
Delaware U
State S t ate
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Dr
University
Glen
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to
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Seskinore
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Bu Rd Walker F ree d
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Ln
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Fa
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M ad
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Cou s Dr Fo rre st Av e Fores t St
June Ln
r
Forrest Ave
Ln
B e ra n d D r
rt
Bedford St
Gateway
West
t
Wo od sto c k C
Linc ol n S t
N Far mv iew Dr
Shopping Lincoln
Center Park
Faw n St S S a u ls
Ja wd Dr
S Far mv iew Dr Bennington St
Dav is Cir
Wo o d m il l D r bury R Simon
Sim on Cir
Tr
af
al Woodmill Circle
d
ga
rD
r Apartments Enterprise
Business
Dr
r
Village Park
e
W o rc h e st of
Westover C o m m erc e W ay
t lv d
Pa
st C rB
Tr
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M
e is
ra
ir n
ib
Dr
l
Fa
To
lin B
de E
if f
bi Br lh
s
tt e ou
os
oa
ay Sau
Cr
ds se
St Dr W
f fl i n
W Bro adstairs Pl ta Pl
Rd
ri ng Mi
i rs
C h ar ls b u
Lo Pl
En te rp ri s
ftl
an W es
ry R
Penning to n Pl
d E
Dr to v eP
St
Sh Dr
es W N o r th
d
Dr
l
Cannon
el er
am
dr
Th
ak
Mill
No
Ja
e
Wemyss Rd
C
ir r th
m es
W do
Sh e
fr
wn
f d
Je
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St
dr
ll
r
vi General
ak Ct
Total Population: 36,047
n tt
ll e
e Katrina Way
ui e
zl Foods
Ci
Gagen Ct
Q Ha
r
Traffic Circle
ire Ct
Target District Size: 9,012
Ca
sh
L este by
nn
on D er
r Ct M
i ll
Dr Ln
le
da
Proposed District Size: 8,933
W y o m in g
De
x on rb y
Sa k Ln sh i
it ti Ele c
Br oo
br re A
ng h il l M i ll tric
G ve
am Ln Rd Ave
e
al
uv
Dr
Be
Population of Percent Population Percent
Paper Map DISCLAIMER:
By acceptance of this map material, you agree to the following: Nottingham
Date Printed: July 9, 2012 This map material is made available by the City of Dover, Delaware as a public service. The Meadows Council
File: m:\ps_data\projects\redistricting_maps
Black/African Eden
Black/AfricanSchutteAll Other All Other
material is for reference purposes only, and the City makes no warranty, representation, or
guaranty as to the accuracy of the material. You release the City, its agents, servants, and
\redistricting map district 1 30x40 6-12
District Hill
employees, from any and all liability related to the material, including its accuracy, availability,
Department: Planning Office use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered
American Park Races Farm
related to the use of this data including, but not limited to, physical injury, death, property
City of Dover, Delaware damage, economic loss, or other consequential damages suffered by the Recipient or others
arising from any inadequacies of the digital data or the Recipient’s use of this data. American Races
The material is in the public domain and may be copied without permission. Citation to the
District 1 3106 34.8% 5827 65.2%
source would be appreciated.
Any errors or omissions in the material should be reported to the City of Dover, Delaware’s
1 inch = 585 feet
Public Services Department
Paj 39
City of Dover
Woodcrest Dr
Dr Bay
Westmin ster Dr McDowell Dr Fair Wind Pl
Troon Rd Ch a Ct vd Ct
el
W Wind Dr
N Prestwick Ct
Bl rd
s
Hidden
t h am ck Vo ndaway Dr
v oa
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Sandwich Ct Bu
Blackh
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Tree
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H
G
it z Bay Tree Rd
Silv er La k e B
Cree k
Su nset Dr
y
io
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Stover M ed
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Ct Ct
Wi
odc
MacArthu r Dr
Dr o o lh
Rd
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es
Ln n nBrad ley Rd
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cK
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A lo St
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Proposed Council Districts
rt ee
es irf
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k
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Proposed District 1 - 8933 (24.8%)
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ne
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Ave
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K e s s e lr in g
Cir
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d Av e
M o c k in g b ir up o Ln
ve
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dn
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vern
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S Go
Gart on Ln Proposed District 3 - 9076 (25.2%)
Nottingham Ct
Mayberry Ln Co
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op
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Ln
ta t
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d
Kent
Acres Proposed District 4 - 8900 (24.7%)
Rodney
Village
Water Bodies Dover
Air
Force
Dover AFB Base
Paper Map DISCLAIMER:
By acceptance of this map material, you agree to the following:
Dover Boundary
Dover Streets
This map material is made available by the City of Dover, Delaware as a public service. The
material is for reference purposes only, and the City makes no warranty, representation, or
guaranty as to the accuracy of the material. You release the City, its a gents, servants, and
employees, from any and all liability related to the material, including its accuracy, availability,
use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered
related to the use of this data including, but not limited to, physical injury, death, property
damage, economic loss, or other consequential damages suffered by the Recipient or others
arising from any inadequacies of the digital data or the Recipient’s use of this data.
Total Population: 36,047
The material is in the public domain and may be copied without permission. Citation to the
source would be appreciated.
US
Any errors or omissions in the material should be reported to the City of Dover, Delaware’s
Public Services Department
Population of Percent Population Percent Hw
y1
Council
Target District Size: 9,012
13
Date Printed: July 9, 2012
Black/African Black/African All Other All Other
File: m:\ps_data\projects\redistricting_maps District
Proposed District Size: 9,138
\redistrictig map district 2 30x40 6-12
Department: Planning Office
American American Races Races Old Lebanon Rd
City of Dover, Delaware
District 2 3054 33.4% 6084 66.6%
1 inch = 867 feet
Paj 40
City of Dover
Le
wi
Proposed Council Districts
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Ln
n ny
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District 3
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St
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pus
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C am
W
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Dover
D
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as
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r
Bl
vd
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material is for reference purposes only, and the City makes no warranty, representation, or
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By acceptance of this map material, you agree to the following:
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Park Population of Percent of oo
This map material is made available by the City of Dover, Delaware as a public service. The
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material is for reference purposes only, and the City makes no warranty, representation, or
w
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Population of Percent Population Percent
guaranty as to the Goaccuracy of the material. You release the City, its a gents, servants, and
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damage, economic loss, or other consequential damages suffered by the Recipient or others
Sunset Ter
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arising from any inadequacies of the digital data or the Recipient’s use of this data.
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Date Printed: July 9, 2012
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File: m:\ps_data\projects\redistricting_maps
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Department: Planning Office Mor
City of Dover, Delaware
District 4 6286 70.6% 2614 29.4% 4854 54.5%
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0
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0 887
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with 2010 US Census Blocks
126 411
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26 18 60
608 57 98 0
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123 76
176 91 0
45 281 0 32 84
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0 5 47 301
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0
60 17 15 17
6 24 10 0 135
1143 167 44 17 17 4 19 73
0 4
17 16 17 7
55 0 13 18 519
24 22 24 0 0
0 20 20 0 102 46
10 16 11 8 56
18 31
13
2010 Census Blocks
13 12 30 9 4 211 88
22
36 101 22 16
82 15 21
0
13 21 31 11 25 32 32 62
11 18 9 0 19
94 0 27 101
18
20 63 32 158
28 56 33 55
54 0 19 3
42 39 350 13 2 0
0
0 16
Dover Boundary
83 18 13 50 53 16 0
10 35 53 0 0 4
32 31 5115 5 28 24 25 3
1038 206 5 8 61
46 0 4 9 38 4
282 14 49
0 48 42 9 0
0 11 23 26 37 0 57
12 138
30 35
5
3
1 18 64 34 54 0 0
242 277 0 0 0
35
0
46 23 38 39 0 7 7 20
41 56 0
0
19 45 31 10
12 10
2
40 17 0 0 16 9
143
20 473 91 40 3 12 16 137
128 29 24 8 12 15 36 0 5 14 4 171
31 24 61 0 24 237 0
55 125 8 36 38 3 2 11 9 5 18 0 0 Council Total
35 198 24
25
20 1
6 4 37 38 7
61
0 10
0
267 4
Percent
3 34
23 25
287 0
34
45
117 140
41 57 13 63 0
1090
District Population
56
12
73 0
0
124 6 3 145
7
4 8 2 23 3 34 0 0
0
0
3
24
11
0 District 1 8933 24.8%
112 106 0 0 0 0 28
62 0 49 19 26
0
20 2 32
22 294 0
14 44 00 0 3
35 0
0
00
0
District 2 9138 25.3%
45 52 0 85
0
18 72 18 10
22 0 3 0 21
118 25 114
0 0 0 0
0
0
40
24
29 6
0
0 District 3 9076 25.2%
271 54
58 10 0 65 0
18 0 11 102
37
721
97 69 21 67 1 0 7 83 75
27
0
0
112
District 4 8900 24.7%
0 0 0 64 13
28
0
3
166 0
137
113 0
0
0
38
0
Total 36047 100%
18 55 126 62
0 0 0
143 147 29 153 27
1
49 95 0 202 4 31 0
152 24 0
13
0
28
17
0 Population of Percent Population Percent
19
43 187
54
31 68 0 0 Council
26 13
0 0
Black/African Black/African All Other All Other
35 27 9 0 27 22 13 2
0
District
45 17 12 28 6 13 46 American American Races Races
44 13
27 16 10 10
0
0
29 22 25 21 14 12 20 0 District 1 3106 34.7% 5827 65.2%
11 20 23 32 10
19 23 32 0 25 38 0 0
58 43
0 1 0 19
26 13 14 42
0
0 177
District 2 3054 33.4% 6084 66.6%
4 5 13 5 37
0 68 0
0 0
21 25 11 0
0
District 3 3866 42.6% 5210 57.4%
0 32 1
0 0
24 9 64 11 415
0
0 0 District 4 6286 70.6% 2614 29.7%
82 0
23
36
176
0
0
44
0
0 10
61
0 0 63
21 18 96 0
59 41
34
44
61
49 0
0 0
2
0
0
Paper Map DISCLAIMER: 69 65
45 0 0 0
By acceptance of this map material, you agree to the following:
161
150 0
This map material is made available by the City of Dover, Delaware as a public service. The
material is for reference purposes only, and the City makes no warranty, representation, or
88
guaranty as to the accuracy of the material. You release the City, its a gents, servants, and 151 142 0
employees, from any and all liability related to the material, including its accuracy, availability, 0 0
use, and misuse. In no event shall the City be liable for any direct or indirect damages suffered 134 62
related to the use of this data incl uding, but not limited to, physical injury, death, property
damage, economic loss, or other consequential damages suffered by the Recipient or others 197 39 0
0 0
arising from any inadequacies of the digital data or the Recipient’s use of this data. 114 183
0 0
0 48 0
0
The material is in the public domain and may be copied without permission. Citation to the
0 0
source would be appreciated.
0
Total Population: 36,047
Any errors or omissions in the material should be reported to the City of Dover, Delaware’s
Public Services Department
0 0
0 0
Map Created by: Planning Office 0
Target District Size: 9,012
Date Map Printed: 7-9-12
File Path: PS Data/Redistricting/ Census Blocks with districts 7-12
0
0 0
0
Feet 0 0
0 750 1,500 3,000 4,500 6,000
0
0 0 165
118 0
Paj 43
ACTION FORM
PROCEEDING: Council AGENDA ITEM NO.:
DEPARTMENT OF ORIGIN: Public Works – Wastewater DATE SUBMITTED: 07-13-12
PREPARED BY: Sharon Duca, P.E., Interim Public Works Director/City Engineer
SUBJECT: Bid Evaluation – SCADA Equipment Technology Upgrade
REFERENCE:
RELATED PROJECT: N/A
APPROVALS: City Manager, Controller
EXHIBITS: Quote and Sole Vendor Information from Siemens Energy, Inc.
EXPENDITURE REQUIRED: $15,736 AMOUNT BUDGETED: $29,300
FUNDING SOURCE (Dept./Page in CIP & Budget):
Wastewater Management, SCADA Equipment Technology Upgrade, CIP Account Number 417-6900-569.40-
31, Project #WW1302. This is one component of the tasks proposed within this project.
TIME TIME TABLE: Order will be placed following Council approval.
RECOMMENDED ACTION: Staff recommends purchasing two (2) RTU units from the sole vendor, Siemens
Energy, Inc., for a total amount of $15,736.
BACKGROUND AND ANALYSIS
The purpose of the SCADA Equipment Technology Upgrade project is to replace antiquated and/or obsolete
remote terminal units (RTUs) at sewage pumping stations. This has been an ongoing project that was started
in FY 08 and will be completed this fiscal year. The SCADA system monitors the pumping stations and
communicates with the System Operations center when station components fail or other abnormal issues are
detected. The Department of Public Works intends to purchase two (2) RTU units. Installation and associated
work is to be performed under either the existing SCADA Maintenance Contract or by staff personnel. There
will be other expenses associated for the installations such as the radio equipment and miscellaneous
hardware.
These RTU’s are the field components of the SCADA system, which is a proprietary system; therefore, we are
required to purchase the new RTU’s from the original equipment manufacturer (OEM) Siemens Energy, Inc.
This sole vendor information has been attached.
Paj 47
ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 7/16/2012
PREPARED BY: Scott D. Koenig, P.E., City Manager
SUBJECT: Amendment to EDiS Contract – City Hall Fire Sprinkler System
REFERENCE:
RELATED PROJECT: New Dover Public Library
REVIEWED BY: City Manager and Controller
EXHIBITS: Exhibit A – Facilities Management Budget, Exhibit B – Draft CIP, Exhibit C – EDiS Proposal
EXPENDITURE REQUIRED: $288,000 AMOUNT BUDGETED: $288,000
FUNDING SOURCE (Dept./Page in CIP & Budget): Public Works/Facilities Management CIP
TIMETABLE: Work to begin as soon as possible.
RECOMMENDED ACTION: Amend the City’s contract with EDiS to include the extra work associated
with the installation of a fire sprinkler system for City Hall in the amount of $288,000.
BACKGROUND AND ANALYSIS
The construction of the New Dover Public Library to the east of City Hall removed the fire access to City Hall
on the east side of the building. During the design phase of the new library, the designers were two (2) options
for an approved fire protection plan from the Fire Marshal’s Office. Option 1 was to place a sixteen (16) foot
wide sidewalk, designed to hold the weight of fire equipment, along the east side of City Hall running
approximately ten (10) feet from the building. This option would still allow for fire equipment to have the same
amount of access to the east side of the building. Option 2 required the installation of sprinklers in City Hall.
By installing sprinklers throughout City Hall, the required perimeter access to the building is cut in half and the
east side access would no longer be necessary. City staff and the designers choose Option 2.
EDiS, the city’s construction management firm, for the Dover Public Library, has provided the City of Dover
with a proposal to install a fire sprinkler system in City Hall. The full cost of design of the system is included in
their scope of services. The total project cost, including full design, is $288,000. EDiS has provided a total
project cost summary to support this request.
Paj 48
Exhibit A
Paj 49
Exhibit B
Paj 50
Exhibit C
Paj 51
Exhibit C
Paj 52
PETITION TO AMEND AND ZONING DISTRICT
First Reading before the Dover City Council
July 23, 2012
Applicants/Owners: Bennie L. Smith
Address: 870-872 Forest Street
Location: South Side of Forest Street east of Gibbs Drive
Tax Parcel ID #: ED05-076.12-01-08.00
Size: 32,552 +/- Square Feet
Present Use: Commercial (Vacant & Day Care)
Proposed Use: Commercial (Retail & Day Care)
Comprehensive
Plan Designation: Commercial
Present Zoning: CPO (Commercial and Professional Office Zone)/COZ-1 (Corridor
Overlay Zone)
Proposed Zoning: C-1A (Limited Commercial Zone)/COZ-1 (Corridor Overlay
Zone)
Reason for Request: To allow for retail development on the site
File Number: Z-12-02
Paj 53
City of Dover Application No.: Z-12-02
Department of Planning & Inspections
IPM RIDG
M
EE
C-3 STR
ELY
IO T C-3
M
CARV ER ROAD
C-2A
TO
WES
CPO N DR
ET
IVE TRE
I ON S
DIVIS
FOREST STREET
C-3
C-1A
CPO CPO
Site
RG-1 RG-1 C-1
CPO
E
GIBBS DRIV
BEDFOR D DRIVE RG-1
RG-1 RG-1
RG-1
BERTRAND DRIVE
ET
LINCOLN STRE
R-8
R-8
CHERRY DRIVE
RG-1 RG-1
CHERRY STRE
R-8
REECE STREET
RG-3
R-8
RG-1 RG-1
RG-1
T
PAUL STREE
JAWD DRIVE RG-1
ET
RG-1
IRMA STR EE
RG-1 RG-1
RG-1
RG-1
T
Plan Title: Lands of Bennie Smith
Location: 870-872 Forest Street
Plan Type: Rezoning Legend
Tax Parcel: ED-05-076.12-01-08.00-000
Current Zoning: CPO, COZ-1 Zoning
Proposed Zoning: C-1A, COZ-1 Dover Parcels
Owner: Bennie Smith
Date: 7-13-12 Corridor Overlay Zone
Dover Boundary
0 150 300 600 Feet
Paj 54
FIRST READING
CITY OF DOVER
PROPOSED ORDINANCE #2012-19
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
3 AT 870-872 FOREST STREET
4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
5 the limits of the City of Dover; and
6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
7 property described below from C-PO (Commercial/Professional Office Development District) and
8 subject to COZ-1 (Corridor Overlay Zone) to C-1A (Limited Commercial Zone) and subject to
9 COZ-1 (Corridor Overlay Zone).
10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
11 DOVER, IN COUNCIL MET:
12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
13 Ordinance of the City of Dover have been amended by changing the zoning designation from
14 C-PO (Commercial/Professional Office Development District) and subject to COZ-1
15 (Corridor Overlay Zone) to C-1A (Limited Commercial Zone) and subject to COZ-1
16 (Corridor Overlay Zone) on that property located at 870-872 Forest Street (on the south side
17 of Forest Street east of Gibbs Drive), consisting of 0.747+/- acres, owned by Bennie L. Smith.
18 (Tax Parcel: ED-05-076.12-01-08.00-000; Planning Reference Z-12-02; Council District 4)
19 ADOPTED: *
20 S:\ORDINANCES\2012\Draft\2012-19 - Rezoning - 870-872 Forest Street-1st Rdg.wpd
21 Actions History
22 July 23, 2012 - Scheduled for First Reading by Council