CCW PACKET

COUNCIL COMMITTEE OF THE WHOLE AGENDA NOVEMBER 15, 2016 - 6:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE PUBLIC COMMENTS ARE WELCOMED ON ANY ITEM AND WILL BE PERMITTED AT APPROPRIATE TIMES. WHEN POSSIBLE, PLEASE NOTIFY THE CITY CLERK (736-7008 OR E-MAIL AT CITYCLERK@DOVER.DE.US) SHOULD YOU WISH TO BE RECOGNIZED. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE AGENDA ADDITIONS/DELETIONS 1. PROPOSED ORDINANCE #2016-25 AMENDING APPENDIX B - ZONING, ARTICLE 6 - OFF-STREET PARKING, DRIVEWAYS AND LOADING FACILITIES AND ARTICLE 12 - DEFINITIONS (SPONSORS: SLAVIN AND COLE) 2. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM QUARTERLY UPDATE (JULY, AUGUST, AND SEPTEMBER) (COMMITTEE ACTION NOT REQUIRED) 3. ADJOURNMENT OF PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING UTILITY COMMITTEE AGENDA ADDITIONS/DELETIONS 1. QUARTERLY REVIEW OF UTILITY RELATED CAPITAL INVESTMENT PLAN (CIP) (ELECTRIC AND WATER/WASTEWATER) (JULY, AUGUST, AND SEPTEMBER) (COMMITTEE ACTION NOT REQUIRED) 2. UPDATES (COMMITTEE ACTION NOT REQUIRED ON THE BELOW ITEMS) A. GREEN ENERGY FUNDING AND PROGRAMMING B. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM SEWER SYSTEMS (MS4) PERMIT 3. ADJOURNMENT OF UTILITY COMMITTEE MEETING

COUNCIL COMMITTEE OF THE WHOLE AGENDA - NOVEMBER 15, 2016 Page 2 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA ADDITIONS/DELETIONS 1. CUSTOMER SERVICE STAFFING PLAN (STAFF RECOMMENDS APPROVAL OF THE REVISED STAFFING PLAN FOR THE CUSTOMER SERVICES DEPARTMENT. THE WAGES AND SALARY BUDGET FOR THE DEPARTMENT WILL BE INCREASED BY $97,500 FOR THE REMAINDER OF FY-2017. BUDGET ADJUSTMENTS WILL BE MADE AT THE APPROPRIATE TIME.) 2. STUDY OF CITY'S CURRENT RECRUITMENT/HIRING PROCESSES (REQUEST OF COUNCILMAN LEWIS) (DEFERRED BY THE COMMITTEE DURING THE MEETING OF OCTOBER 25, 2016) 3. PROPOSED ORDINANCES A. #2016-21 AMENDING CHAPTER 2 - ADMINISTRATION, ARTICLE IV - OFFICERS AND EMPLOYEES, DIVISION 5 - CITY CLERK, SECTION 2-281 - APPOINTMENT; CHAPTER 22 - BUILDINGS AND BUILDING REGULATIONS, ARTICLE II - BUILDING INSPECTOR, SECTION 22-31 - OFFICE CREATED; APPOINTMENT; AND CHAPTER 46 - FIRE PREVENTION AND PROTECTION, ARTICLE III - FIRE CODES, SECTION 46-124 - FIRE MARSHAL (SPONSORS: HUTCHISON, NEIL, AND ANDERSON) (DEFERRED BY THE COMMITTEE DURING THE MEETING OF OCTOBER 25, 2016) B. #2016-26 AMENDING CHAPTER 2 - ADMINISTRATION, ARTICLE III - STANDING COUNCIL COMMITTEES (SPONSORS: RESOLUTION NO. 2016-05) C. #2016-27 AMENDING CHAPTER 18 - ANIMALS, SECTION 18-4 - RUNNING AT-LARGE, SECTION 18-5 - DOG LICENSES REQUIRED, AND SECTION 18-10 - SAME-SEIZURE AND IMPOUNDMENT, AND APPENDIX F - FEES AND FINES (SPONSORS: HUTCHISON AND HOSFELT) (STAFF RECOMMENDS ADOPTION OF PROPOSED ORDINANCE #2016-27) 4. PROPOSED CHARTER AMENDMENTS - REMOVAL OF ANNUAL APPOINTMENT REQUIREMENT FOR THE CITY ASSESSOR, CONTROLLER/TREASURER, CITY SOLICITOR, AND DEPUTY CITY SOLICITOR; GENDER LANGUAGE AMENDMENTS; ADMINISTRATIVE AMENDMENTS; AND TYPOGRAPHICAL CORRECTIONS (DEFERRED BY THE COMMITTEE DURING THE MEETING OF OCTOBER 25, 2016) 5. ADJOURNMENT OF LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE MEETING /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COMMITTEE-AGENDAS\2016\11-15-2016 CCW AGENDA.WPD THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.

CITY OF DOVER PROPOSED ORDINANCE #2016-25 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities of the Dover 4 Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as follows: 5 ARTICLE 6. - OFF-STREET PARKING, DRIVEWAYS AND LOADING FACILITIES 6 Section 1. - Permitted accessory parking. 7 1.1 Off-street parking spaces. Off-street parking spaces, open or enclosed, are permitted accessory to 8 any use. One commercial vehicle may be parked on a lot in any residence zone only if less than one 9 ton in carrying capacity. 10 1.2 Trailers and boats. The long-term use of a recreational vehicle as a residence by any person or 11 persons is prohibited in all zones. A boat with its trailer or a utility trailer, under 31 feet body length 12 or an unoccupied recreational vehicle, may be parked within a garage or anywhere behind the setback 13 line if screened from adjacent lots. However, none of the vehicles shall be parked in a required side 14 yard if alley parking adjacent to the lot is available. 15 1.3 Driveways. No driveway shall provide access to a lot located in another zone, which lot is used for 16 any use prohibited in the zone in which such driveway is located. 17 1.4 The minimum width of a residential driveway shall be nine feet. 18 (Ord. of 9-12-1983; Ord. of 1-10-1996; Ord. of 11-13-2007; Ord. No. 2016-16 , 8-8-2016) 19 Section 2. - Permitted accessory loading berths. 20 2.1 Off-street loading berths, open or enclosed, are permitted accessory to any use, except residences for 21 one or two families. However, no off-street loading berth shall be located in a front yard. 22 Section 3. - Required off-street parking spaces. 23 3.1 Schedule of requirements. Accessory off-street parking spaces, open or enclosed, shall be provided 24 for any lot as specified in Article 4-Zoning Bulk and Parking Regulations, or as specified below for 25 each use in any zone, whichever is greater. 26 (a) Exceptions. 27 i. Where Article 3-District Regulations, specifies a minimum parking requirement, this 28 parking requirement shall prevail. 29 ii. For existing buildings within the C-2 zoning district, the requirements of Article 4, 30 Section 4.14-[C-1, C-1A, C-2, C-2A zoned], bulk and parking regulations governing the 31 C-2 zoning district shall prevail.

Proposed Ordinance #2016-25 - Appendix B-Zoning, Article 6-Off-Street Parking Page 2 32 For: At Least One Parking Space For Each Two hundred (200) square feet of floor area, but not less than one 33 Places of worship (1) space for each four (4) seats, where provided 34 Libraries Three hundred (300) square feet of floor area 35 Medical offices—All types Three hundred (300) square feet of floor area 36 Nursery school or kindergarten Adult attendant, plus one for every 20 children 37 Elementary or junior high school Eight (8) seats in main auditorium/cafeteria or gymnasium 38 High school, technical school, Five (5) seats in main auditorium/cafeteria or gymnasium; if none, 39 college or university see Article 4—Zoning, Bulk and Parking Regulations 40 Hospitals or sanitariums Three beds Two (2) per dwelling unit and one (1) for every two hundred (200) 41 Apartments square feet of office space and 0.25 per dwelling unit for visitor space 42 Roominghouses Guestroom 43 Dormitories Three (3) beds 44 Eating and drinking places Four (4) seats plus one (1) for every three (3) bar seats 45 Funeral homes Two (2) employees, plus five (5) spaces for each chapel Guestroom, plus one (1) for every 200 square feet of office space, 46 Hotels and motels banquet hall, or meeting areas 47 Athletic fields, baseball, football or 48 boxing stadiums and arenas; race Three (3) seats 49 tracks 50 Golf courses Per employee and four (4) parking spaces for each hole 51 Golf or baseball driving range One-half (½) stall 52 Airports Per employee and for each two (2) airplanes in storage 53 54 3.2 Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street 55 parking spaces include any private garage, carport, or other area available for parking, other than a 56 street or driveway. However, a driveway within a required front yard for a one-family or two-family 57 residence may count as one parking space, other than a corner lot as provided in article 5, section 1.3. 58 3.3 Location and ownership of required accessory parking facilities. Required accessory parking spaces, 59 open or enclosed, may be provided upon the same lot as the use to which they are accessory, or 60 elsewhere, provided all spaces therein are located within 150 feet walking distance of such lot. In 61 all cases, such parking spaces shall conform to the regulations of the district in which they are 62 accessory and shall be subject to deed restriction, filed with the city clerk, binding the owner and his 63 heirs and assigns to maintain the required number of spaces available either: 64 (a) Throughout the existence of such use to which they are accessory; or 65 (b) Until such spaces are provided elsewhere. 66 3.4 Size of spaces. The minimum parking space dimensions shall be at least nine (9) feet in width and 67 at least 18 feet in length. Disabled accessible spaces shall meet ADA requirements. 68 3.5 Access. Unobstructed access to and from a street shall be provided. Each drive lane shall have at 69 least ten feet of width so that one-way drives have at least ten feet of width and that two-directional 70 drives have two lanes of ten feet each. Unless otherwise specified within this section, access shall 71 be provided by at least one two-directional drive lane or two one-directional drive lanes.

Proposed Ordinance #2016-25 - Appendix B-Zoning, Article 6-Off-Street Parking Page 3 72 3.6 Drainage and surfacing. 73 (a) All open permanent parking areas and access drives shall be properly drained and all such areas 74 shall be provided with paved asphalt, concrete or other hard, paved, dust-free surface. 75 (b) All permanent parking areas shall be enclosed with upright concrete curbing at least six inches 76 in height. The planning commission may relax this requirement for a portion of a parking area 77 when there is a demonstrated need to convey stormwater to a proposed or approved stormwater 78 management area. Curbing shall not be required for loading areas, handicapped access and for 79 parking spaces accessory to a one-family or two-family residence (see also article 6, section 80 5.3). 81 3.7 Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to 82 serve, jointly, two or more establishments, whether or not located on the same lot, provided that the 83 number of required spaces in such joint facilities shall be not less than the total required for all such 84 establishments. 85 3.8 Combined spaces. When any lot contains two or more uses having different parking requirements, 86 the parking requirements for each use shall apply to the extent of that use. Where it can be 87 conclusively demonstrated that one or more such uses will be generating a demand for parking 88 spaces primarily during periods when the other use or uses is not or are not in operation, the planning 89 commission may reduce the total parking spaces required for that use with the least requirement. 90 (a) Campus Parking Plan. When a new building or building addition is made to a campus 91 involving multiple buildings under common ownership where one or more of the uses will be 92 generating demand for parking when the other use or uses are not in operation, the applicant 93 shall present a campus parking plan as a part of the site development plan that includes an 94 analysis of the parking needs based on the provisions of section 3.8 of this article. 95 3.9 Adjustments to parking requirements. The planning commission may reduce, in an amount not to 96 exceed 50 percent, the number of parking spaces required when, in the opinion of the commission, 97 it has been demonstrated that the use is adequately served by transportation and parking alternatives, 98 including but not limited to: 99 (a) Site plan proposals within the downtown redevelopment target area, as described in appendix 100 C of the Dover Code of Ordinances, may be granted a 20 percent reduction in the amount of 101 off-street parking normally required, due to the availability of mass transit, municipal parking 102 and existing pedestrian amenities. 103 (b) Designated off-street parking reserved for car pools, van pools, and bicycle parking facilities, 104 in accordance with the following schedule: 105 (1) Each carpool space shall be equivalent to three standard parking spaces. 106 (2) Each vanpool space shall be equivalent to five standard parking spaces. 107 (3) Every group of five bicycle parking spaces shall be equivalent to one standard parking 108 space.

Proposed Ordinance #2016-25 - Appendix B-Zoning, Article 6-Off-Street Parking Page 4 109 (c) Employer participation in a traffic-mitigation plan approved by the Delaware Department of 110 Transportation. 111 (d) Cash-in-lieu of parking contributions toward the capital construction or improvement of 112 municipal parking facilities that are proposed. The cash-in-lieu of parking contribution shall 113 be in a monetary amount equivalent to the estimated cost of construction for the number of 114 standard surface parking spaces for which the reduction is sought. To take advantage of this 115 option, the developer shall submit to the city engineer a cost estimate for the parking requested 116 to be waived. The city engineer shall examine the estimate for accuracy in current prevailing 117 costs of construction at the time of proposal and shall report to the planning commission 118 his/her findings. 119 (e) Proposals involving superior urban design which contribute to an enhanced pedestrian 120 environment and which include such features as pedestrian plazas and pocket-parks, 121 pedestrian-way connections with existing sidewalk systems and community facilities, park 122 benches and other street furniture, mass transit connections and shelters, and landscaping and 123 shade tree plantings. 124 In all areas, except the downtown redevelopment target area, the development plans shall have 125 an area of open space designated where parking could be constructed equal to the number 126 being reduced and the plan shall bear a note which explains that the petitioner, in accepting a 127 parking reduction, agrees to construct such additional parking as is otherwise required under 128 the provisions of the zoning ordinance [this appendix], if the planning commission, after a 129 hearing, determines that the reasons for granting said reduction no longer exist. In all such 130 instances where the planning commission determines that the reasons for granting a reduction 131 no longer exist, the owner of record for the subject property for which a reduction was 132 previously granted must construct the parking required to meet the regulations of the city 133 during the next construction season. 134 3.10 Bicycle parking. Bicycle parking shall be provided for parking spaces at a rate of one bicycle parking 135 space for every 20 parking spaces or a fraction thereof. The planning commission may waive the 136 requirement for the bicycle parking if it is demonstrated that bicycle parking would not be 137 appropriate for safety reasons or due to the nature of the use of the site. 138 3.11 Maximum number of parking spaces. The maximum number of parking spaces shall not exceed 25 139 percent over the number of parking spaces required by the code. 140 (Ord. of 12-14-1992(2); Ord. of 4-25-1994; Ord. of 9-13-1999; Ord. of 4-23-2007(4) ; Ord. No. 2009-12, 141 9-14-2009; Ord. No. 2009-30, 3-8-2010; Ord. No. 2011-29, 1-9-2012; Ord. No. 2011-29, 1-9-2012) 142 Section 4. - Required off-street loading berths. 143 4.1 [Uses for which required.] Accessory off-street loading berths shall be provided for any lot or any 144 use specified herein. Any land which is developed as a unit under single ownership and control shall 145 be considered a single lot for the purposes of such requirements. Loading berths shall be designed 146 and located so as not to impede fire lane access or the safe and efficient vehicular and pedestrian 147 circulation and shall be in accordance with the following:

Proposed Ordinance #2016-25 - Appendix B-Zoning, Article 6-Off-Street Parking Page 5 148 4.11 Dimensions. One required off-street loading berth shall have minimum dimensions of 12 feet 149 wide and 60 feet long. If more than one loading berth is required, subsequent berths may have 150 minimum dimensions of 12 feet wide and 40 feet long. At no time shall any part of a truck or 151 van be allowed to extend into a public thoroughfare or right-of-way while the truck or van is 152 being loaded or unloaded. If the outdoor loading area is covered, but not totally enclosed, the 153 minimum height of the outdoor loading berth area shall be 14 feet. 154 4.12 Maneuvering space. Adequate off-street truck maneuvering space shall be provided on-lot and 155 not within any public street right-of-way or other public lands. Internal site circulation lanes 156 are to be designed with adequate turning radii to accommodate the size and efficient 157 maneuvering of delivery vehicles. 158 4.13 Location. Loading berths must be functionally related to the building, and be situated where 159 actual loading and unloading activities are intended to occur. Loading berths located remotely 160 from the building will not be permitted, unless the applicant can demonstrate the utility of such 161 berths. Loading berths are not permitted between the street and building, except where a 162 property fronts on three or more streets. This [sub]section of the ordinance shall not preclude 163 the designation of an area in front of the building for parcel pick-up, mail deliveries, or 164 passenger loading. 165 4.14 Obstructions. All loading berths and maneuvering spaces shall be accessible at all times. 166 4.15 Fire exit or emergency access. Off-street loading facilities shall be designed so as not to 167 interfere with any fire exits or emergency access facilities to either a building or site. 168 4.16 Maximum number of loading berths required. For buildings up to 150,000 square feet, a 169 maximum of three loading berths will be required. Additional loading berths are permitted if 170 needed by the property owner or occupant. 171 4.2 Loading berths required. Off-street loading berths will be required for the following uses: 172 4.21 For a public library, museum, art gallery, or similar quasi-public institution, or governmental 173 building, community center, hospital or sanitarium, nursing or convalescent home, institution 174 for children or the aged, or school with [a] floor area of 10,000 square feet, one berth, [and] 175 for each additional 25,000 square feet or fraction thereof, one additional berth. 176 4.22 For buildings with professional, governmental, or business offices, or laboratory 177 establishments with [a] floor area of 10,000 to 25,000 square feet, one berth, [and] for each 178 additional 25,000 square feet or fraction thereof, one additional berth. 179 4.23 For buildings with retail sales and service establishments, one berth for 8,000 square feet to 180 25,000 square feet of floor area, and one additional berth for each additional 25,000 square feet 181 of floor area or fraction thereof so used. 182 4.24 For funeral directors, one berth for each chapel. (Such berths shall be at least ten feet wide, 20 183 feet long, and 7½ feet high, in lieu of the standard dimensions found in [sub]section 4.11 184 above.)

Proposed Ordinance #2016-25 - Appendix B-Zoning, Article 6-Off-Street Parking Page 6 185 4.25 For hotels, one berth for each 25,000 square feet of floor area, or fraction thereof. 186 4.26 For manufacturing, wholesale and storage uses, and for dry cleaning and rug cleaning 187 establishments and laundries, one berth for 5,000 to 10,000 square feet of floor area in such 188 uses, and one additional berth for each additional 10,000 square feet of floor area or fraction 189 thereof so used. 190 4.27 For manufacturing, wholesale, or storage uses in the M or IPM zone, and for buildings in 191 excess of 150,000 square feet in any zone, sufficient off-street loading berths shall be provided. 192 Staff will determine the sufficiency of the loading berths after reviewing written documentation 193 from the applicant through the site plan review process. 194 4.3 Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces 195 designed to serve, jointly, two or more adjacent establishments, provided that the number of required 196 berths in such joint facilities shall not be less than the total required for all such requirements. 197 4.4 Planning commission waiver. The planning commission may waive required loading berths in the 198 following instances: 199 1) On an improved lot, when it can be demonstrated that retrofitting the site for loading berth(s) 200 is impractical or impossible; 201 2) When the applicant can demonstrate that the intended use is such that no deliveries by large 202 vehicles is expected, now or in the future; 203 3) When the applicant can demonstrate that the requirements of this ordinance are far in excess 204 of [the] actual needs on the site; 205 4) In the downtown redevelopment target area, where on-street loading areas are provided nearby. 206 In all cases, except in the downtown redevelopment target area, land for at least one standard sized loading 207 berth meeting all requirements of this ordinance must be reserved. The city planner may direct that this 208 loading berth be constructed by the owner of record due to any change in use for the site, or if the department 209 of planning and inspections determines that large vehicles are loading and unloading on the site, creating 210 the need for the loading berth. 211 (Ord. of 9-13-1999) 212 Section 5. - Supplementary regulations for parking and loading facilities. 213 5.1 Access near street corners. No entrance or exit for any accessory off-street parking area with over 214 ten parking spaces, nor any loading berth shall be located within 50 feet of the intersection of any 215 two street lines. 216 5.2 On lots divided by zone boundaries. When a lot is located partly in one district and partly in another 217 district, the regulations for the district requiring the greater number of parking spaces or loading 218 berths shall apply to all of the lot. Parking spaces or loading berths on such a lot may be located 219 without regard to district lines, provided that no such parking spaces or loading berths shall be

Proposed Ordinance #2016-25 - Appendix B-Zoning, Article 6-Off-Street Parking Page 7 220 located in a residence zone, unless the use to which they are accessory is permitted in such zone, or 221 by special permission of the board of adjustment. 222 5.3 Supplementary parking regulations for multiple dwellings. No parking space shall be located in any 223 front yard or within three feet of any lot line in side or rear yards. The parking of motor vehicles 224 within 15 feet of any wall or portion thereof, which wall contains legal windows (other than legal 225 bathroom or kitchen windows) with a sill height of less than eight feet above the level of the said 226 parking space is prohibited. No service of any kind shall be permitted to be extended to users of the 227 lot, including automobile service, repair or fueling, and no gasoline, oil, grease, or other supplies 228 shall be stored or sold in any such lot or in any garage on such lot. 229 5.4 Supplementary regulations for any parking lots adjacent to residential lots. 230 5.41 Whenever space is provided for the parking of ten or more vehicles in the open, such spaces 231 shall be individually identified by means of pavement markings. 232 5.42 Reserved. 233 5.43 Wherever a parking lot is located across the street from other land in any residence zone, it 234 shall be screened from the view of such land by a thick hedge located along a line drawn 235 parallel to the street and a distance of 20 feet therefrom, [and] such hedge [is] to be interrupted 236 only at points of ingress and egress. The open area between such hedge and the street shall be 237 landscaped in harmony with the landscaping prevailing on neighboring properties fronting on 238 the same street. A fence five feet high may be required while such hedge is growing to a 239 suitable thickness. 240 5.44 Identification and directional signs shall not exceed an area of three square feet each and shall 241 be limited to such as are essential for the particular use. 242 5.5 Parking for motorsports racing. During any ten-day period prior to or two-day period following an 243 auto racing event the following provisions shall apply: 244 5.51 Automobile parking. 245 a. Property located within a residential zone may be used for fee-based parking of motor 246 vehicles. Fee-based parking shall not include parking of commercial vehicles for use by 247 commercial vendors and sales representatives. 248 b. Unimproved surfaces may be used for automobile parking. Such areas shall be reviewed 249 by the fire marshal to ensure adequate emergency access. No stormwater management 250 areas or other preserved open space shall be used for automobile parking. 251 c. Automobile parking shall in no case obstruct fire lanes, parking lot drive aisles, 252 emergency access, fire protection equipment, or cross access easements between 253 properties. 254 5.52 Recreational vehicle parking. Recreational vehicle parking shall be permitted within all zones 255 subject to the following requirements:

Proposed Ordinance #2016-25 - Appendix B-Zoning, Article 6-Off-Street Parking Page 8 256 a. No more than three recreational vehicles shall be parked on a residential lot. 257 b. Property owners wishing to provide parking for more than five recreational vehicles shall 258 apply for a permit from the licensing and permitting division a minimum of 60 days prior 259 to the race event. Fees for the permit will be charged in accordance with appendix F. 260 Prior to issuance of a permit, the property owner or his agent must submit a legible 261 diagram of the camping area to the licensing and permitting division. The diagram shall 262 show recreational vehicle parking location, emergency access, drive aisles, entrance and 263 exit, number of proposed recreational vehicles to be parked, location of power lines, and 264 location of restroom facilities. 265 c. Recreational vehicles shall not be parked within 25 feet of power lines as measured from 266 the center of the utility pole. Vertical extensions from recreational vehicles shall not be 267 closer than 25 feet to power lines as measured from any point on the vertical extension. 268 d. Recreational vehicles shall not be parked closer than ten feet to other recreational 269 vehicles, buildings or other structures, as measured from the long side of the vehicle; nor 270 closer than two feet from other recreational vehicles, buildings or other structures, as 271 measured from the front or rear of the vehicle. The required ten feet shall exclude any 272 bump-outs or other protrusions from the side of the vehicle. 273 e. Recreational vehicle parking areas shall have drivable surfaces engineered to hold the 274 weight of recreational vehicles, fire equipment, and other emergency response equipment 275 in all types of weather. 276 f. Any changes to the layout of recreational vehicle parking areas shall be required to be 277 submitted to the licensing and permitting division at least 30 days prior to the race event. 278 g. The Fire Marshal's Office may grant an exception to any provision of section 5.52 if it 279 can be demonstrated that equivalent means of public safety and fire protection is being 280 provided. 281 h. The fire marshal's office shall develop policy guidance on the implementation of this 282 section. 283 Section 6. - Tractor Trailer Parking 284 6.1 Parking of tractor trailers, or any part of a tractor trailer, is prohibited in all residential zones, 285 and in the following nonresidential zones: CPO, C-1, C-1A, C-2, C-2A, SC-1. 286 6.2 Parking of tractor trailers within the C-3, C-4, IO, SC-2 and SC-3 zones is permitted only in 287 areas designated as loading zones or loading areas. 288 BE IT FURTHER ORDAINED: 289 That Appendix B - Zoning, Article 12 - Definitions of the Dover Code be amended by inserting the 290 following definition in its correct alphabetical order:

Proposed Ordinance #2016-25 - Appendix B-Zoning, Article 6-Off-Street Parking Page 9 291 Tractor trailer: A large truck with a long trailer attached to the back of it. 292 ADOPTED: * 293 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-25 APDX B-ZONING, ART 6-OFF-STREET PARKING\Proposed Ordinance #2016-25 Appendix B, Art 6 - Off-Street Parking - Tractor Trailer Parking.wpd 294 SYNOPSIS 295 The proposed amendment would prohibit the parking of tractor trailers, or any part of a 296 tractor trailer, in all residential zones and in certain nonresidential zones. It would also limit 297 the parking of tractor trailers to designated loading zones or areas in non-residential zones. 298 (SPONSORS: SLAVIN AND COLE) 299 Actions History 300 11/15/2016 - Scheduled for Introduction - CCW/SA&T

CDBG Quarterly Report July, August and September 2016 CDBG FY16 Projects Sub-recipient agreement were signed on September 1st, and the following projects are underway. Homeownership Assistance Program CDBG funds will be used to provide homeownership assistance to first-time homebuyers who purchase affordable housing in the City of Dover. Dover Interfaith Mission for Housing CDBG funds will be used to provide operations cost for the shelter. Connections Community Support Program CDBG funds will be used to provide rapid re-housing/rental assistance services for homeless households and those that are at risk of becoming homeless in the City. Milford Housing Homeowner Rehabilitation/Emergency Home Repair Programs CDBG funds will be used to rehabilitate existing owner occupied housing in the City that is in violation of the City’s Housing Code and complete emergency home repairs to eliminate housing conditions that threaten the health and safety of low income homeowners. Habitat for Humanity CDBG funds will be used to rehabilitate a vacant property to sell to a low income family and provide affordable housing in the City of Dover. Neighborhood Stabilization Program (NSP) Settlement assistance was provided for six (6) families who purchased affordable housing in the City of Dover and were able to assist in stabilizing our neighborhoods by purchasing properties that have been vacant for at least 90 days or foreclosed. The following properties were purchased providing NSP settlement assistance: 40 Spruance Road 155 Periwinkle Drive 1231 Harrison Drive 310 Crickle Creek Lane 12 Bacon Court 108 American Ave

Parks, Recreation, and Community Enhancement 11/15/2016 Status of FY-16 Program Funds Spent - Fiscal Year 7/1/16- 6/30/17 2015 Grant Projects Project Details Total Grant Funds Expended Unencumbered Balance Funds will be utilized for settlement assistance for Homeownership Assistance Program $50,000 $0 $50,000 properties purchased in the City Funds will be utilized for rapid re-housing/rental Connections $7,208 $0 $7,208 assistance for low income persons Funds will be used for Dover Interfaith Mission for Housing $22,000 $5,577 $16,423 operation cost Funds will be utilized for Milford Housing Development Corp emergency home repairs. $55,000 $0 $55,000 Project underway Funds will be utilized for rehabbing owner Milford Housing Development Corp $25,000 $0 $25,000 occupied homes. Project underway Funds will be utilized to rehab a single family Habitat for Humanity $30,000 $0 $30,000 home for a low income family Total $189,208 $5,577 $183,631

City of Dover Capital Investment Plan Project Tracking Report Quarterly Report as of September 30, 2016 Points to Remember - * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010. Can also be amended with City Manager approval per the Budget Amendment Procedure. * Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once individual projects are identified and estimated they are created using an allocation of the overall budgeted amount. * Status and Comments provided by City Manager. Community Water & Total Current Year Budget Funding Sources General Transportation Wastewater Electric CIP Budget Balance $ 914,200 $ 372,900 $ 3,107,200 $ 2,499,100 $ 6,893,400 General Billings for Reimbursement of Expense 105,000 - - 900,000 1,005,000 Debt Financing - - 3,284,000 - 3,284,000 State Community Transportation Funds - 500,000 - - 500,000 Transfer from WW Impact Fee Reserve - - 402,000 - 402,000 Transfer from General Fund 1,859,400 - - - 1,859,400 Transfer from Operating Funds - - 2,000,000 2,731,200 4,731,200 Transfer from Parkland Reserve 80,000 - - - 80,000 Grant Receipt - - - 5,000 5,000 Interest Income 5,000 - 20,000 40,000 65,000 Total Funding Sources (Unaudited) $ 2,963,600 $ 872,900 $ 8,813,200 $ 6,175,300 $ 18,825,000

City of Dover General Fund - Major CIP Projects Quarterly Report as of September 30, 2016 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS Hide CURRENT FISCAL YEAR Original Latest Project Previous Project % Original Revised Fiscal % Project Project Project To Date Years Budget Budget Fiscal Year Fiscal Year YTD Budget Budget Code Type Description Budget Budget Expenses Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments 1 FY 2015 2 ST1504 Old PW2 Site Improvements $ 535,000 $ 603,500 $ 544,322 $ 496,848 $ 59,178 90.2% $ 106,700 $ 106,700 $ 47,474 $ 59,226 44.5% In Process Design work ongoing 75% level 3 Totals - FY 2015 $ 535,000 $ 603,500 $ 544,322 $ 496,848 $ 59,178 90.2% $ 106,700 $ 106,700 $ 47,474 $ 59,226 44.5% 4 5 FY 2016 6 ST1601 FY16 Street and Alley Program $ 1,000,000 $ 933,100 $ 466,377 $ 457,665 $ 466,723 50.0% $ 475,400 $ 475,400 $ 8,712 $ 466,688 1.8% Complete Final invoices to be paid 7 ST1603 Valve Replacement - Silver Lake Dam 60,000 97,600 3,651 3,651 93,949 0.0% 80,900 93,900 - 93,900 0.0% Complete Final invoices to be paid 8 ST1604 Salt Storage Barn (originally proj ST1303) 50,000 75,000 12,562 12,562 62,438 16.7% 62,400 62,400 - 62,400 0.0% In Process Project out for advertisement 9 CT1669 Persimmon Park Place Drainage Study 24,600 24,600 21,096 13,745 3,505 85.8% 10,900 10,900 7,351 3,550 67.4% In Process 95% submittal under review 10 Totals - FY 2016 $ 1,134,600 $ 1,130,300 $ 503,686 $ 487,623 $ 626,614 44.6% $ 629,600 $ 642,600 $ 16,063 $ 626,537 2.5% 11 12 FY 2017 13 --- Vehicles & Equipment $ 695,200 $ 878,100 $ - $ - $ 878,100 0.0% $ 695,200 $ 878,100 $ - $ 878,100 0.0% In Process 14 FR1700 R Annual Contribution for Ladder 1 145,700 145,700 145,614 - 86 99.9% 145,700 145,700 145,614 86 99.9% 15 PR1701 Dover Park - Master Plan 50,000 50,000 - - 50,000 0.0% 50,000 50,000 - 50,000 0.0% 16 PR1702 Schutte Park Land Improvements 100,000 100,000 - - 100,000 0.0% 100,000 100,000 - 100,000 0.0% 17 PR1704 Small Park Improvements 15,000 15,000 - - 15,000 0.0% 15,000 15,000 - 15,000 0.0% 18 PD1701 Video Storage Array 12,500 12,500 - - 12,500 0.0% 12,500 12,500 - 12,500 0.0% 19 ST1701 R FY17 Street and Alley Program 900,000 812,000 - - 812,000 0.0% 900,000 812,000 - 812,000 0.0% In Process Proj awarded, awaiting paperwork 20 ST1702 Misc Emerg Street/Stormwater Repairs - 75,000 51,172 23,828 68.2% - 75,000 51,172 23,828 68.2% In Process Project open and ongoing 21 ST1703 Silver Lake Dam Improvements 126,000 126,000 - - 126,000 0.0% 126,000 126,000 - 126,000 0.0% In Process Design to begin by 11/15 22 Totals - FY 2017 $ 2,044,400 $ 2,214,300 $ 196,785 $ - $ 2,017,515 8.9% $ 2,044,400 $ 2,214,300 $ 196,785 $ 2,017,515 8.9% 23 24 Grand Totals $ 3,714,000 $ 3,948,100 $ 1,244,793 $ 984,471 $ 2,703,307 31.5% $ 2,780,700 $ 2,963,600 $ 260,322 $ 2,703,278 8.8% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is re-budgeted to start over each fiscal year. G = Grant funded project B/L = To be financed through bonds or commercial loan.

City of Dover Community Transportation - Major CIP Projects Quarterly Report as of September 30, 2016 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Original Revised Fiscal % Project Project Project To Date Budget Budget Fiscal Year Fiscal Year YTD Budget Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments 1 FY 2014 & Prior 2 ST0232 Pat Lynn Drive/D.H.S. Storm Drain Pipe $ 155,200 $ 190,300 $ 184,778 $ 5,522 97.1% $ 5,500 $ 5,500 $ - $ 5,500 0.0% 3 TE0601 Lincoln Park Center 900,000 602,400 523,277 79,123 86.9% 79,100 79,100 - 79,100 0.0% 4 CT0708 E Water Street Brick 65,000 80,700 1,000 79,700 1.2% 65,000 80,700 - 80,700 0.0% In Process Project to begin on 10/31 5 Totals - FY 2014 & Prior $ 1,120,200 $ 873,400 $ 709,055 $ 164,345 81.2% $ 149,600 $ 165,300 $ - $ 165,300 0.0% 6 7 FY 2016 8 CT1627 FY16 Paving Projects - Boggs Drive $ 247,400 $ 247,400 $ 139,762 $ 107,638 56.5% $ 107,600 $ 107,600 $ - $ 107,600 0.0% In Process Contract awarded, awaiting paperwork 9 CT1681 Pedestrian Enhancement-Mallard Pond Pathway 50,000 100,000 - 100,000 0.0% 50,000 100,000 - 100,000 0.0% In Process 10 Totals - FY 2016 $ 297,400 $ 347,400 $ 139,762 $ 207,638 40.2% $ 157,600 $ 207,600 $ - $ 207,600 0.0% 11 12 FY 2017 13 CT1714 Paving Project - Paper Alley $ 15,000 $ 15,000 $ - $ 15,000 0.0% $ 15,000 $ 15,000 $ - $ 15,000 0.0% In Process Contract awarded, awaiting paperwork 14 CTxxxx Unapplied CT Projects (placeholder) 500,000 485,000 - 485,000 0.0% 500,000 485,000 - 485,000 0.0% 15 Totals - FY 2017 $ 515,000 $ 500,000 $ - $ 500,000 0.0% $ 515,000 $ 500,000 $ - $ 500,000 0.0% 16 17 Grand Totals $ 1,932,600 $ 1,720,800 $ 848,817 $ 871,983 49.3% $ 822,200 $ 872,900 $ - $ 872,900 0.0% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is re-budgeted to start over each fiscal year. C = Project funded by combination of CT Funds and General Fund

City of Dover Electric Improvement & Extension Fund - Major CIP Projects Quarterly Report as of September 30, 2016 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Current Revised Fiscal % Project Project Project To Date Budget Budget Fiscal Year Fiscal Year YTD Budget Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments 1 FY 2014 2 EG1407 Metering System Upgrades $ 150,000 $ 80,000 $ 44,184 $ 35,816 55.2% $ 80,000 $ 80,000 $ 44,184 $ 35,816 55.2% In Process Need additional funds 3 EE1415 R Metering Infrastructure 150,000 150,000 - 150,000 0.0% 150,000 150,000 - 150,000 0.0% In Process 4 EG1416 M VanSant Capacity Increase 1,500,000 1,000,000 734,139 265,861 73.4% 270,900 270,900 4,991 265,909 1.8% In Process Air compressor for inlet fogging system installed 5 Totals - FY 2014 $ 1,800,000 $ 1,230,000 $ 778,323 $ 451,677 63.3% $ 500,900 $ 500,900 $ 49,175 $ 451,725 9.8% 6 7 FY 2015 8 EE1500 69 kV Rebuild - Horsepond Road $ 393,500 $ 330,500 $ 81,998 $ 248,502 24.8% $ 250,600 $ 250,600 $ 2,088 $ 248,512 0.8% In Process 9 EE1509 T West Dover Connector 250,000 250,000 108,563 141,437 43.4% - 141,400 - 141,400 0.0% In Process 10 EE1513 M Town Point Distribution Feeders 600,000 861,400 561,963 299,437 65.2% 350,000 350,000 50,485 299,515 14.4% In Process Phase 2 about 60% complete 11 Totals - FY 2015 $ 1,243,500 $ 1,441,900 $ 752,524 $ 689,376 52.2% $ 600,600 $ 742,000 $ 52,573 $ 689,427 7.1% 12 13 FY 2016 Received quotes from Bremco, UAET and a no bid 14 EG1612 Van Sant Exhaust Plenum Replacement $ 469,000 $ 469,000 $ 422,659 $ 46,341 90.1% $ 46,300 $ 46,300 $ - $ 46,300 0.0% In Process from NAES. Project to be completed Nov 4th. Change order for 15 EG1613 McKee Unit 3 Stack Repairs 485,000 292,600 2,624 289,976 0.9% 225,000 290,000 - 290,000 0.0% In Process $66k approved by CM 16 EE1607 Horsepond URD - Distribution Feeders 67,000 112,000 49,450 62,550 44.2% 62,500 62,500 - 62,500 0.0% In Process 17 EE1617 Oak Grove Trailer Park - Dist Upgrade 77,400 77,400 889 76,511 1.1% 77,400 77,400 889 76,511 1.1% In Process 18 EE1627 Dover East Estates - Dist Upgrade 125,500 125,500 - 125,500 0.0% 125,500 125,500 - 125,500 0.0% In Process 19 EE1629 T Tall Pine Condos - 43,000 14,403 28,597 33.5% - 43,000 14,403 28,597 33.5% In Process 20 EE1644 T Retreat Pump Station - 7,300 - 7,300 0.0% - 7,300 - 7,300 0.0% In Process 21 EE1648 T Blue Hen Apartments 23,900 23,900 9,211 14,689 38.5% 23,900 23,900 9,211 14,689 38.5% In Process 22 EE1652 T/G S New Street Lighting - 70,000 44,802 25,198 64.0% - 60,100 34,950 25,150 58.2% Complete 23 EE1657 T Creekstone 2 - 11,900 - 11,900 0.0% - 11,900 - 11,900 0.0% In Process 24 Totals - FY 2016 $ 1,247,800 $ 1,232,600 $ 544,038 $ 688,562 44.1% $ 560,600 $ 747,900 $ 59,453 $ 688,447 7.9% 25 26 FY 2017 27 --- R Vehicles & Equipment $ 165,800 $ 217,600 $ 21,624 $ 195,976 9.9% $ 165,800 $ 217,600 $ 21,624 $ 195,976 9.9% In Process Waiting on contract specifications 28 --- R New Developments 1,500,000 1,040,300 - 1,040,300 0.0% 1,500,000 1,040,300 - 1,040,300 0.0% In Process 29 EE1700 SCADA Master Hardware Replacement 150,000 150,000 - 150,000 0.0% 150,000 150,000 - 150,000 0.0% In Process 30 EE1701 T Islamic Society - 16,800 5,810 10,990 34.6% - 16,800 5,810 10,990 34.6% In Process 31 EE1702 T PW Rolling Acres Pump Station - 7,400 - 7,400 0.0% - 7,400 - 7,400 0.0% On Hold 32 EE1703 T Chesapeake - Dover Campus - 51,000 3,431 47,569 6.7% - 51,000 3,431 47,569 6.7% In Process 33 EE1704 T Eden Hill Comm - Building 5 - 19,000 - 19,000 0.0% - 19,000 - 19,000 0.0% In Process 34 EE1705 T The Grand - Building 4 - 26,800 - 26,800 0.0% - 26,800 - 26,800 0.0% In Process Transformer swapped out, minor work remaining 35 EE1706 T Hirsh Industries Inc - 15,000 - 15,000 0.0% - 15,000 - 15,000 0.0% Complete Invoices totaling $11,188 paid in October 36 EE1707 LED Lighting Upgrades 17,500 17,500 - 17,500 0.0% 17,500 17,500 - 17,500 0.0% In Process 37 EE1708 R Ampacity Standardization 25,000 25,000 - 25,000 0.0% 25,000 25,000 - 25,000 0.0% In Process 38 EE1709 Substation Relay Upgrade 125,000 125,000 1,616 123,384 1.3% 125,000 125,000 1,616 123,384 1.3% In Process 39 EE1710 Public Works Wetland Project 450,000 450,000 - 450,000 0.0% 450,000 450,000 - 450,000 0.0% On Hold 40 EE1711 R Transmission Line Maintenance Program 75,000 75,000 - 75,000 0.0% 75,000 75,000 - 75,000 0.0% In Process 41 EE1712 R Lighting Project 50,000 50,000 - 50,000 0.0% 50,000 50,000 - 50,000 0.0% In Process 42 EE1713 R Fault Indicators 10,000 10,000 1,110 8,890 11.1% 10,000 10,000 1,110 8,890 11.1% In Process 43 EE1714 UPS System Replacement 25,000 25,000 - 25,000 0.0% 25,000 25,000 - 25,000 0.0% In Process 44 EE1715 R Distribution Capacitors and Controls 50,000 50,000 817 49,183 1.6% 50,000 50,000 817 49,183 1.6% In Process 45 EE1716 T Whatcoat Community Center - 7,200 2,656 4,544 36.9% - 7,200 2,656 4,544 36.9% In Process 46 EE1717 T Dover Christian Church - 7,900 - 7,900 0.0% - 7,900 - 7,900 0.0% In Process 47 EE1719 T Stover Boulevard Lights - 21,000 - 21,000 0.0% - 21,000 - 21,000 0.0% In Process Awaiting quote from GE. Establish list of parts 48 EG1701 Van Sant Unit 11 Major Inspection 400,000 400,000 5,840 394,160 1.5% 400,000 400,000 5,840 394,160 1.5% In Process needed and bid out to other vendors. 49 EG1702 R McKee Run Unit 3 Boiler Systems 382,000 382,000 - 382,000 0.0% 382,000 382,000 382,000 0.0% In Process 50 EG1703 R McKee Run Bldg Equipment Replacement 59,000 59,000 - 59,000 0.0% 59,000 59,000 - 59,000 0.0% In Process 51 EG1704 McKee Run Hydrogen Purity Analyzer 96,000 96,000 - 96,000 0.0% 96,000 96,000 - 96,000 0.0% In Process 52 EG1707 R McKee Run Auxiliary System Components 128,000 128,000 15,437 112,563 12.1% 128,000 128,000 15,437 112,563 12.1% In Process 53 EG1709 Unit 3 Cooling Water Line Repairs 469,000 469,000 - 469,000 0.0% 469,000 469,000 - 469,000 0.0% In Process 54 EG1710 R Plant Syst Safety & Compl Improvements 112,000 112,000 3,053 108,947 2.7% 112,000 112,000 3,053 108,947 2.7% In Process 55 EG1711 R Preservation of Structures 131,000 131,000 - 131,000 0.0% 131,000 131,000 - 131,000 0.0% In Process 56 57 Totals - FY 2017 $ 4,420,300 $ 4,184,500 $ 61,393 $ 4,123,107 1.5% $ 4,420,300 $ 4,184,500 $ 61,393 $ 4,123,107 1.5% 58 59 Grand Totals $ 8,711,600 $ 8,089,000 $ 2,136,278 $ 5,952,722 26.4% $ 6,082,400 $ 6,175,300 $ 222,594 $ 5,952,706 3.6% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. B = Bonded Project T = Transfer from blanket New Development original budget R = Recurring project - a project that begins and ends each fiscal year and is re-budgeted to start over each fiscal year. S = State fully or partially reimbursed project G = Grant funded project

City of Dover Water/Wastewater Improvement & Extension Fund - Major CIP Projects Quarterly Report as of September 30, 2016 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Original Revised Fiscal % Project Project Project To Date Budget Budget Fiscal Year Fiscal Year YTD Budget Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments 1 FY 2008 Awaiting approval of proposed Memorandum of 2 WD0804 M 1.0 MG Elevated Water Storage $ 4,196,600 $ 2,556,000 $ 87,827 $ 2,468,173 3.4% $ 2,468,200 $ 2,468,200 $ - $ 2,468,200 0.0% In Process Understanding from owner 3 Totals - FY 2008 $ 4,196,600 $ 2,556,000 $ 87,827 $ 2,468,173 3.4% $ 2,468,200 $ 2,468,200 $ - $ 2,468,200 0.0% 4 5 FY 2013 6 WW1303 Westover PS $ 768,800 $ 1,403,900 $ 859,327 $ 544,573 61.2% $ 593,000 $ 593,000 $ 48,437 $ 544,563 8.2% In Process Construction ongoing 7 Totals - FY 2014 $ 768,800 $ 1,403,900 $ 859,327 $ 544,573 61.2% $ 593,000 $ 593,000 $ 48,437 $ 544,563 8.2% 8 9 FY 2015 10 WW1503 Hazlettville Road Interceptor $ 755,000 $ 774,100 $ 373,397 $ 400,704 48.2% $ - $ 618,900 $ 218,185 $ 400,715 35.3% In Process Proj substantially complete, awaiting final punch list 11 WW1507 Retreat Pump Station Replacement 412,500 483,900 36,331 447,569 7.5% 447,500 447,500 - 447,500 0.0% In Process Project underway, construction ongoing 12 Totals - FY 2015 $ 1,167,500 $ 1,258,000 $ 409,727 $ 848,273 32.6% $ 447,500 $ 1,066,400 $ 218,185 $ 848,215 20.5% 13 14 FY 2016 15 WD1609 M WTP Process Improvements $ 284,400 $ 1,446,100 $ 310,615 $ 1,135,485 21.5% $ 1,200,000 $ 1,200,000 $ 64,562 $ 1,135,438 5.4% In Process Design work continuing Proj to be coordinated with Procurement for advertising 16 WW1603 Rolling Acres PS Replacement 52,000 424,000 38,292 385,708 9.0% 372,000 396,100 10,399 385,701 2.6% In Process 17 WW1605 Delaware Avenue Sanitary Sewer Ext 25,000 25,000 - 25,000 0.0% - 25,000 - 25,000 0.0% In Process Proj to be submitted to Council on November 14th 18 Totals - FY 2016 $ 361,400 $ 1,895,100 $ 348,907 $ 1,546,193 18.4% $ 1,572,000 $ 1,621,100 $ 74,961 $ 1,546,139 4.6% 19 20 FY 2017 21 --- R Vehicles & Equipment $ 222,600 $ 268,700 $ 46,055 $ 222,645 17.1% $ 222,600 $ 268,700 $ 46,055 $ 222,645 17.1% In Process WD1700/ Meters have been ordered. Staff replacing large 22 WW1700 R Meter Replacement Project 400,000 400,000 21,841 378,159 5.5% 400,000 400,000 21,841 378,159 5.5% In Process meters as time allows Staff coordinating with contractor on wells to be 23 WD1701 R Wellhead Redevelopment 85,000 85,000 - 85,000 0.0% 85,000 85,000 - 85,000 0.0% In Process evaluated Proj awarded, staff to coordinate installation with 24 WD1704 New Fence - Well #6 - 40,000 - 40,000 0.0% - 40,000 - 40,000 0.0% In Process DelDOT project 25 WD1705 R Future Well Installation 100,000 100,000 - 100,000 0.0% 100,000 100,000 - 100,000 0.0% In Process Design is underway for new well 26 WD1706 R SCADA Equipment Tech Upgrade 88,000 88,000 - 88,000 0.0% 88,000 88,000 - 88,000 0.0% In Process Materials scheduled to be ordered soon. 27 WQ1702 R Water Quality Improvements 720,800 577,800 - 577,800 0.0% 720,800 577,800 - 577,800 0.0% In Process New Street awarded, awaiting paperwork to start Survey is complete, awaiting revisions from consultant 28 WQ1701 Bradford Street Survey - 28,000 - 28,000 0.0% - 28,000 - 28,000 0.0% In Process 29 WQ1703 Misc Emerg Water Repairs - 75,000 8,042 66,958 10.7% - 75,000 8,042 66,958 10.7% In Process Project open and ongoing 30 WW1702 Misc Emerg Sanitary Sewer Repairs 75,000 75,000 9,192 65,808 12.3% 75,000 75,000 9,192 65,808 12.3% In Process Project open and ongoing 31 WW1703 Lepore Road Sanitary Sewer Upgrade 50,000 50,000 - 50,000 0.0% 50,000 50,000 - 50,000 0.0% In Process Design is underway, awaiting 75% design submittal 32 WW1704 Delaware Tech PS Replacement 52,000 52,000 - 52,000 0.0% 52,000 52,000 - 52,000 0.0% In Process Design is underway, consultant to complete survey 33 WW1705 Silver Lake PS Replacement 52,000 52,000 - 52,000 0.0% 52,000 52,000 - 52,000 0.0% In Process Design is underway, consultant to complete survey 34 WW1706 Walker Woods PS Replacement 52,000 52,000 - 52,000 0.0% 52,000 52,000 - 52,000 0.0% In Process Design is underway, consultant to complete survey 35 II1700 R Inflow/Infiltration Removal 1,121,000 785,500 - 785,500 0.0% 1,121,000 785,500 - 785,500 0.0% In Process Other projects under review by DelDOT 36 II1701 North Street Gravity Sewer Repair - 335,500 - 335,500 0.0% - 335,500 - 335,500 0.0% In Process Project to begin on November 1st 37 Totals - FY 2017 $ 3,018,400 $ 3,064,500 $ 85,129 $ 2,979,371 2.8% $ 3,018,400 $ 3,064,500 $ 85,129 $ 2,979,371 2.8% 38 39 Grand Totals $ 9,512,700 $ 10,177,500 $ 1,790,918 $ 8,386,582 17.6% $ 8,099,100 $ 8,813,200 $ 426,712 $ 8,386,488 4.8% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is budgeted to start over each fiscal year. No carry forward. SL = State Loan Project - construction phase is financed I = Impact Fee (partially) financed project T = Transfer from blanket WQ or I&I original budget

Dover GREEN ENERGY SUMMARY AS OF 10/28/2016 Dover Green Energy Funds Total Collected Green Energy Funds Ever $ 1,342,061.52 As October 28, 2016 Monthly Deposits and Payments DEMEC Admin Fee Paid $ 87,400.04 Starting Balance $ 116,365.07 State Annual Admin Fee Total Paid $ 26,675.07 Deposit* $ 69,164.99 Grants Paid $ 538,563.25 Outgoing Payments *Grants/Fees Reserved and Amounts Owed $ 8,458.75 DEMEC Admin Fee* $ 6,916.50 Dover Library Green Building Improvements Cost $ 1,500,000.00 State 2016 Admin Fee $ - Dover Library Reimbursements paid to Dover to date $ 495,908.32 New Reservations/Fees $ 2,472.50 Energy Depot Program Costs Paid $ 67,054.55 Grants Paid $ - Efficiency Program Incentives Paid $ 37,268.34 Energy Depot $ 3,384.26 Solar Electric Power Association (SEPA) Dues Paid $ 6,476.41 Library Reimbursement $ 98,500.00 Dover GEF Account Balance minus Grants/Fees Owed $ 74,256.80 SEPA Dues $ - Funds Necessary for Dov. Lib. Payment due June 1 $ 98,500.00 Dover GEF Account Balance $ 74,256.80 Funds Necessary for Library June 1 Payment $ 24,243.20 *Deposits during this period represent through September 2016 *Grants are paid in a manner to ensure sufficient funds for the June 1 Lib. payment are collected COMPLETED PROJECTS ONLY DNREC FEE OWED Status Applicant Type Grant Reservation Request Review Fee COMPLETED PROJECTS ONLY DNREC FEE OWED Michael J Kopp Geo-Res Paid $ 37.50 COMPLETED PROJECTS ONLY DNREC FEE OWED Frank Daniels Geo-Res Paid $ 26.25 COMPLETED PROJECTS ONLY DNREC FEE OWED Perrry T. Boulter Geo-Res Paid $ 225.00 Total $ 288.75 RESERVED BUT INCOMPLETE PROJECTS Status Applicant Type Grant Reservation Request Review Fee RESERVED BUT INCOMPLETE PROJECTS Ms. Lee Herrera Res-Geo $ 2,300.00 $ 172.50 RESERVED BUT INCOMPLETE PROJECTS John Crowley Res-Geo $ 3,000.00 $ 225.00 RESERVED BUT INCOMPLETE PROJECTS Lloyd Schmid Res-Geo $ 2,300.00 $ 172.50 Total $ 7,600.00 $ 570.00 ENERGY DEPOT FEES - (quarterly) Paid Fee Period Amount 3/3/2008 Start-up Fees $ 5,872.50 4/15/2008 Start-up Fees $ 1,957.50 4/15/2008 Mar, Apr, May 2008 $ 1,692.13 7/22/2008 June, July, Aug 2008 $ 1,692.13 10/10/2008 Sept, Oct, Nov 2008 $ 1,692.13 1/2/2009 Dec 08, Jan, Feb 2009 $ 1,692.13 4/3/2008 Mar, Apr, May 2009 $ 1,692.13 7/1/2009 June, July, Aug 2009 $ 1,692.13 9/11/2009 Sept, Oct, Nov 2009 $ 1,692.13 1/4/2010 Dec 09, Jan, Feb 2010 $ 1,692.13 3/29/2010 Mar, Apr, May 2010 $ 1,692.13 6/30/2010 June, July, Aug 2010 $ 1,692.13 10/4/2010 Sept, Oct, Nov 2010 $ 1,692.13 1/3/2011 Dec 2010, Jan, Feb 2011 $ 1,692.13 4/5/2011 Mar, Apr, May 2011 $ 1,692.13

7/8/2011 June, July, Aug 2011 $ 1,692.13 10/4/2011 Sept, Oct, Nov 2011 $ 1,692.13 1/3/2012 Dec 2011; Jan, Feb 2012 $ 1,692.13 4/5/2012 Mar, Apr, May 2012 $ 1,692.13 7/2/2012 June, July, Aug 2012 $ 1,692.13 9/25/2012 Sept, Oct, Nov 2012 $ 1,692.13 11/30/2012 Dec 12, Jan, Feb 2013 $ 1,692.13 2/25/2013 Mar, Apr, May 2013 $ 1,692.13 7/22/2013 June, July, Aug 2013 $ 1,692.13 8/26/2013 Sept, Oct, Nov 2013 $ 1,692.13 12/3/2013 Dec 13. Jan, Feb 2014 $ 1,692.13 3/4/2014 Mar, Apr, May 2014 $ 1,692.13 6/4/2014 June, July, Aug 2014 $ 1,692.13 9/4/2014 Sept, Oct, Nov 2014 $ 1,692.13 12/1/2014 Dec 14, Jan, Feb 2015 $ 1,692.13 3/9/2015 Mar, Apr, May 2014 $ 1,692.13 6/11/2015 June, July, Aug 2015 $ 1,692.13 9/1/2015 Sept, Oct, Nov 2015 $ 1,692.13 12/11/2015 Dec 15. Jan, Feb 2016 $ 1,692.13 3/1/2016 Mar, Apr, May 2016 $ 1,692.13 6/1/2016 June, July, Aug 2016 $ 1,692.13 9/1/2016 Sept, Oct, Nov 2016 $ 1,692.13 Total $ 67,054.55 Solar Energy Professionals Association (SEPA) - (2015 and Forward participation is through AMP at no additional charge) Paid Membership Fee Amount 3/19/2012 2012 Annual Membership $ 2,158.81 1/31/2013 2013 Annual Membership $ 2,158.80 1/27/2014 2014 Annual Membership $ 2,158.80 Total $ 6,476.41

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee DEPARTMENT OF ORIGIN: City Manager's Office DATE SUBMITTED: November 4, 2016 PREPARED BY: Kirby A. Hudson, Assistant City Manager & Scott D. Koenig, P.E., City Manager SUBJECT: Customer Service Staffing Plan REFERENCE: NIA RELATED PROJECT: N/A REVIEWED BY: Scott D. Koenig, P.E., City Manager EXHIBITS: Exhibit #1- Customer Service Needs Assessment; Exhibit #2- Proposed Customer Service Organizational Chart; Exhibit #3 - Wage & Benefit Analysis for the Modified Staffing Plan EXPENDITURE REQUIRED: $195,000 (Annualized) AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): FY-2016 Carry Forward Balances TIME TIMETABLE: Begin recruitment immediately after Council approval. Employees to begin as soon as possible after January 1, 2017. RECOMMENDED ACTION: Staff recommends the approval ofthe revised staffing plan for the Customer Services Department. The wages and salary budget for the department will be increased by $97,500 for the remainder ofFY-2017. Budget adjustments will be made at the appropriate time. BACKGROUND AND ANALYSIS The Customer Services Department provides support for more than 23,000 utility accounts as well as other functions to support City operations. In recent budgets, staffing levels have been reduced to meet general budget targets. In addition, there have been several key retirements in the past year. Increased customer interactions and inquiries are reducing customer satisfaction to unacceptable levels. We are continuously experience long phone waiting times as well as long lines for service in the lobby area. All of these issues are creating customer dissatisfaction as well as high levels of stress on the remaining staff. Several members of Council have expressed concerns over the issues described above. Staff was requested to prepare an optimal staffing plan for consideration. An internal Needs Assessments (NA) was conducted and the resulting requests are included in Exhibit #1. In summary, staff is requesting an increase of five (5) full-time employees. This increase will be partially offset by the reduction of part-time employees from four (4) to two (2). Staff will be added to the following areas: Billing & Collection (1); Customer Services (2); Cashiers (1); and Meter Reading (1). The annualized cost for the proposed increase in staffing levels for this department is approximately $195,000 in FY-2017 dollars. For the remainder ofFY-2017, it is estimated that a budget increase of$97,500 ($195,000 X 6/12) would be necessary to cover the anticipated costs of the proposed changes. The increase in funds can be covered through a budget amendment from the anticipated carry forward balances as follows: Electric Fund: $ 97,500 X .625 = $ 60,937.50 Water/WW Fund: $ 97,500 X .201 = $ 19,597.50 General Fund: $ 97,500 X .174 = $ 16,965.00 Currently, the Electric Fund has an FY-2016 favorability of approximately $7.5 million. The Water/WW Fund has an FY-2016 favorability of approximately $374,000. The General Fund has an FY-2016 favorability of approximately $930,000 (a portion of which has been committed to other budgetary items). These funds can be used to fund the proposed staffing plan provided Council authorizes the changes.

Customer Service Department Staffing Needs Assessment 9/2112016 Current budgeted staffing levels are: 17 Full-Time and 4 Part-Time staff dispersed among the Customer Service, Cashier, Billing and Collections, Metering and Management segments. There are currently 6 vacancies in the department. Segment Full-Time Part-Time Total Management & Assistant 2 0 2 Billing & Collections 3 1 4 Customer Services 5 3 8 Cashiers 3 0 3 Meter Reading 4 0 4 Total 17 4 21 A change request is illustrated below and on the attached organization chart. This request will increase the total head count from (21) to (24) staffers. The change will add (3) additional Full-Time staff and reclassify (2) Part-Time positions to Full-Time status. Segment Full-Time Part-Time Total Management & Assistant 2 0 2 Billing & Collections 4 0 4 Customer Services 7 2 9 Cashiers 4 0 4 Meter Reading 5 0 5 Total 22 2 24 Additional staffing requirements will allow the Customer Service Department the ability to: ).>- Adhere strictly to the January 1, 2016 policy changes which will allow the department to aggressively pursue disconnections and collections of debts. o Additional Field Service Technician will be needed for connects and disconnects. (estimated at 75-100 per day during peak times) o Additional Cashiers and Customer Service Representatives are needed to handle the influx of telephone calls and people traffic . o Allowing for the Collections position to become Full-Time will aid in the department's ability to aggressively collect bad debts. ).>- Part-Time Customer Service Representatives will be utilized in a dedicated call center capacity to reduce Customer hold times. ).>- The Customer Services Department currently has a large back log of unused sick and vacation time. Allowing for additional staff will aid personnel in their ability to take time off without detriment to the department's needs. ).>- Allow for department succession planning. [Metering (2), Customer Services (2), Admin (1)] ).>- What will we do in down time? o Customer Services Representatives will continue to work on department projects including but not limited to essential community services such as: (Please note that many of the services below require manual processes and are not automated.) • Catholic Charities- UHEAP (heating and cooling program) • Current servicing approximately I ,000 accounts per season. • First State Community Action- H.E.L.P program and partnership • Crisis Intervention Programs (examples) • Delaware Health and Social Services • Connections • Security Deposit Assistance Programs o Metering Department will aid in interdepartmental assistance with the Water Meter Change out program. o Billing and Collections can assist the Electric Administration Department with their street lights research as well as assist the Key Accounts Person with reporting requirements. submitted fo r rev iew 9/22/16 I pmm

FY 2017 ANNUAL OPERATING BUDGET- DOVER, DELAWARE Overall Department Position title change Count Change from Account Clerk Ill 22 Full-Time to Billing Supervisor. Customer Service 2 Part-Time Changed from Fiscal Year 2017 Organization Chart Management & Assist. 2 Full-Time CITY MANAGER Customer Service 5 Full-Time 3 Part-Time ASSIST ANT CITY Billing & Collections MANAGER 3 Full-Time 1 Part-Time Additf.ona1 FIT staff Cashier Cwst.omer Service- 1 CUSTOMER SERVICE 3 Full-Time Cashiers-1 Meter Reading Meterin g - 1 4 Full-Time Total f3) Customer Service Director Total 1 17 Full-Time Check Figures = 4 Part-Time = 17 + 5 22 Full-Time =21 4 -2 = 2 Part-Time Total Head Count 24 Office Assistant 1 BILLING I COLLECTIONS CUSTOMER SERVICES Count 7Fff 2 Pff Billing Supervisor- Full-Time Customer Services Supervisor- Full-Time 1 1 Account Clerk II- Full-Time Accot!Jnt C lerk I - (3) Fuli -Tim e 2 Account Clerk II - (3) FuJI-Time Account Clerk II- Part-Time (Call Center) 2 CASHIERS METER READING Account Clerk Ill- Full-Time Field Service Representative Ill- Full-Time 1 1 Account Clerk II- Full-Time Field Service Representative II- Full-Time 3 4 C:\Users\Khudson\Appdata\Locai\Microsoft\Windows\Temporary Internet Files\Content .Outlook\6C710AM2\Customer Service Organizational Chart Revised 9.21 .16.Docx Updated Wednesday, September 21 , 2016

Cost of Adding and Modifying Headcount in Customer Service and Metering October 2016 Prepared by Kim Hawkins Collections Customer Service Customer Service Cashier Metering Converting from PT to FT Converting from PT to FT New Position New Position New Position Budget Budget Wages and Benefits Rates Rates for Metering Part-time Full-time Part-time Full-time Full-time Full-time Full-time Hourly Rate $13.40 $13.40 $13.40 $13.40 $13.40 Yearly Wages $20,300.00 $27,872.00 $20,300.00 $27,872.00 $27,872.00 $27,872.00 $27,872.00 FICA 7.65 % 7.65% 1,550.95 2,132.21 1,550.95 2,132.21 2,132.21 2,132.21 2,132.21 Health Insurance -PPO Employee & Child(ren) 20% cost sharing $12,358.46 $12,358.46 12,358.46 12,358.46 12,358.46 12,358.46 12,358.46 Vision $39.60 $39.60 39.60 39.60 39.60 39.60 39.60 Life 0.000155 0.000155 51.84 51.84 51.84 51.84 51.84 AD& D 0.00003 0.00003 10.03 10.03 10.03 10.03 10.03 STD 0.44 0.44 165.09 165.09 165.09 165.09 165.09 Workers Compensation 0.00324 0.0504 65.77 90.31 65 .77 90.31 90.31 90.31 1,404.75 Pension 8.00% 8.00% 2,229.76 2,229.76 2,229.76 2,229.76 2,229.76 OPEB 9.70% 3.80% 2,703.58 2,703.58 2,703.58 2,703.58 1,059.14 $21,916.72 $47,652.88 $21,916.72 $47,652.88 $47,652.88 $47,652.88 $47,322.88 Net Increase $25,736.16 $25,736.16 $47,652.88 $47,652.88 $47,322.88 $194,100.96

Employment Recruitment Procedures 1. The hiring department must complete the Permission to Recruit form and the Hiring Justification questionnaire for each vacant or new position they wish to recruit. If the position was a new position approved through the budget process, only the Permission to Recruit form is required. Both forms are located on Public Docs, Human Resources folder and Recruitment. Once the form(s) are completed, please forward to the City Manager for initial approval. If approved, the City Manager’s department will forward the forms to the Controller/Treasure for budget review approval. Human Resources will be advised that the forms have been forwarded to Finance. Finance will forward the documents to Human Resources. 2. Human Resources will write the job advertisement and return it to the Department for review. All job descriptions will be reviewed by both the Human Resources Department and the Department to ensure they are current and up to date prior to posting the recruitment. The Human Resources Department will work with the Department on creating a job description for new positions. Bargaining unit jobs will be posted as outlined in the appropriate Labor Agreement. All jobs (unless In-House only) at a minimum will be posted on the City’s website. 3. Human Resources will post/run the ad in the appropriate publications and log in and collect the applications and resumes. 4. Once the job closes and all applications/resumes are received, Human Resources will review the applications/resumes narrow the selection down to the fifteen (15) most qualified candidates. Those candidates will then be forwarded to the Department for review. The Department can always request to review all the applications/resumes received for the posting if they so choose. If an in-house applicant is NOT to be interviewed, then the department doing the hiring along with Human Resources must speak with the employee to determine why the employee feels they are qualified for the position. The discussion should include why the candidate has not been selected for an interview. 5. When the position closes all candidates will receive a letter indicating receipt of their applications/resumes. The letter acknowledges receipt of their application/resume and indicates that those candidates chosen for an interview will be contacted. Final candidates interviewed, but not selected, will be contacted via Human Resources once the recruitment is considered filled. 6. Human Resources will contact the Department to schedule interviews at a time convenient to the Department, HR and the persons to be interviewed. The department will submit prescreening questions, and once approved, will conduct a telephone screening on initial candidates to ensure their viability. The department will also provide Human Resources with a draft of the interview questions for the HR department’s review and finalization. HR will then schedule the interviews and provide interview packets to the interview team. 1

7. At the conclusion of each of the interviews, if possible, the interview team should discuss and determine the viability of each candidate. Following the interviews, the Department will submit a Hiring Summary. The Hiring Summary must include their preference of candidates and recommendation for hire to HR for review and final approval along with all interview notes. The Hiring Summary must include the reasons for their choice of candidate and list all candidates interviewed with a brief outline of the justification for their choice along with the reasons they did not chose the other candidates to fill the open position. Approval cannot be granted until all interview notes from the entire interview team are received by the Human Resources Department. The recruitment file is not complete without this vital information. 8. Once the Hiring Summary is received and approved, the HR Department will contact the candidate and provide them with a conditional offer letter of employment. The candidate will be instructed that the conditional offer letter is contingent on several factors to include: successful completion of a background investigation, satisfactory driving record (not applicable to all positions), successful completion of a pre-employment drug screening along with receipt of education verification. Additional requirements may be necessary depending on the position. Once all necessary documentation has been received and reviewed, HR will then contact the Department and the candidate to determine their first day of employment. HR will then notify the Finance Department and Information Technology of the candidate’s name, position and first day of employment. 9. HR will send a calendar appointment to IT and the Department. The appointment will be established one week in advance of the employee’s first day of employment. The calendar event is to remind the department and IT to establish computer, telephone, etc. needs. Included in the calendar appointment will be a link to IT’s Self Service, New User Request. Updated 3/19/09 Updated 11/20/2015 cxm H drive: recruitment and Exit Form: procedure to fill a vacant position 2

ACTION FORM MEETING DATE: 11/15/16 PROCEEDING: Council Committee of the Whole/Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Council PREPARED BY: Traci A. McDowell, City Clerk, on Behalf of Councilman Hutchison DATE SUBMITTED: 09/21/2016 SUBJECT: Proposed Ordinance Amendments - Removal of Annual Appointment Requirements for the City Clerk, Building Inspector, and Fire Marshal RELATED PROJECT: Proposed Charter Amendments to Eliminate the Annual Appointment Requirement for the City Assessor, Controller/Treasurer, City Solicitor, and Deputy City Solicitor APPROVALS: City Council EXHIBITS: Proposed Ordinance #2016-21 amending Chapter 2 - Administration, Article IV - Officers and Employees, Division 5 - City Clerk, Section 2-281 - Appointment; Chapter 22 - Buildings and Building Regulations, Article II - Building Inspector, Section 22-31 - Office Created; Appointment; and Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-124 - Fire Marshal EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: First Reading at Council on November 28, 2016 and Final Reading at Council on December 12, 2016. RECOMMENDED ACTION: Approval of the proposed amendments to the City of Dover Code of Ordinances. BACKGROUND AND ANALYSIS At the request of Councilman Hutchison, staff prepared Proposed Ordinance #2016-21 amending Chapter 2 - Administration, Article IV - Officers and Employees, Division 5 - City Clerk, Section 2-281 - Appointment; Chapter 22 - Buildings and Building Regulations, Article II - Building Inspector, Section 22-31 - Office Created; Appointment; and Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-124 - Fire Marshal. These amendments will remove the annual appointment requirement for the City Clerk, Building Inspector, and Fire Marshal. Additionally, proposed Charter amendments are being considered to eliminate the annual appointment requirement for the City Assessor, Controller/Treasurer, City Solicitor, and Deputy City Solicitor. S:\CAFS\11-15-2016 CAF Annual Appt Requirement - City Clerk, Building Inspector, & Fire Marshal.wpd

CITY OF DOVER PROPOSED ORDINANCE #2016-21 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 2 - Administration, Article IV - Officers and Employees, Division 5 - City Clerk, Section 4 2-281 - Appointment of the Dover Code be amended by inserting the bold blue text and deleting the text 5 indicated in red strikeout, as follows: 6 Sec. 2-281. - Appointment. 7 There shall be a city clerk selected by the city council at its annual meeting, and such person 8 shall serve as the clerk of the city council. 9 OPTION A: 10 There shall be a City clerk who shall be appointed by and serve at the pleasure of the Council. 11 OPTION B: 12 There shall be a city clerk who shall be appointed by and serve at the pleasure of the Council. 13 The city clerk may be removed at any time by a majority vote of the members elected to the council. 14 OPTION C: 15 There shall be a City clerk who shall be appointed by and serve at the pleasure of the Council. 16 The city clerk may be removed at any time by a vote of two-thirds of the members elected to the 17 council. 18 OPTION D: 19 The council shall appoint a city clerk who shall serve as such at the pleasure of the council and 20 shall be subject to removal at any time by a majority vote of the members elected to the council. 21 (Code 1981, § 2-116; Ord. of 3-12-2001) 22 BE IT FURTHER ORDAINED: 23 That Chapter 22 - Buildings and Building Regulations, Article II - Building Inspector, Section 22-31 - Office 24 Created; Appointment of the Dover Code be amended by inserting the bold blue text and deleting the text 25 indicated in red strikeout, as follows: 26 Sec. 22-31. - Office created; appointment. 27 There is hereby created the office of building inspector. The building inspector shall be selected by 28 the city council during its annual meeting. 29 OPTION A: 30 There is hereby created the office of building inspector. The building inspector shall be 31 appointed by and serve at the pleasure of the Council.

Proposed Ordinance #2016-21 - Chapter 2 - Administration, Chapter 22 - Buildings and Building Regulations, and Chapter 46 - Fire Prevention and Protection Page 2 32 OPTION B: 33 There is hereby created the office of building inspector. The building inspector shall be 34 appointed by and serve at the pleasure of the council. The building inspector may be removed at any 35 time by a majority vote of the members elected to the council. 36 OPTION C: 37 There is hereby created the office of building inspector. The building inspector shall be 38 appointed by and serve at the pleasure of the council. The building inspector may be removed at any 39 time by a vote of two-thirds of the members elected to the council. 40 OPTION D: 41 There is hereby created the office of building inspector. The council shall appoint a building 42 inspector who shall serve as such at the pleasure of the council and shall be subject to removal at any 43 time by a majority vote of the members elected to the council. 44 (Code 1968, § 2-75; Code 1981, § 5-1) 45 BE IT FURTHER ORDAINED: 46 That Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-124 - Fire Marshal of 47 the Dover Code by inserting the bold blue text and deleting the text indicated in red strikeout, as follows: 48 Sec. 46-124. - Fire marshal. 49 (a) Selection. There shall be a fire marshal, who shall be selected by the city council at its annual 50 meeting. 51 OPTION A: 52 Appointment. There shall be a fire marshal who shall be appointed by and serve at the 53 pleasure of the Council. 54 OPTION B: 55 Appointment. There shall be a fire marshal who shall be appointed by and serve at the 56 pleasure of the council. The fire marshal may be removed at any time by a majority vote of the 57 members elected to the council. 58 OPTION C: 59 Appointment. There shall be a fire marshal who shall be appointed by and serve at the pleasure 60 of the council. The fire marshal may be removed at any time by a vote of two-thirds of the members 61 elected to the council.

Proposed Ordinance #2016-21 - Chapter 2 - Administration, Chapter 22 - Buildings and Building Regulations, and Chapter 46 - Fire Prevention and Protection Page 3 62 OPTION D: 63 Appointment. The council shall appoint a fire marshal who shall serve as such at the pleasure 64 of the council and shall be subject to removal at any time by a majority vote of the members elected 65 to the council. 66 (b) Fire prevention. The fire marshal or his/her authorized agent shall enforce this article and any other 67 fire prevention provisions of this Code and any other fire prevention regulations applicable to the 68 city. 69 (c) Investigation of fires. The fire marshal or his/her deputies shall be responsible for the investigation 70 of the origins and causes of fires and explosions within the corporate limits of the city, which involve 71 the loss of life or injury or cause destruction or damage to property. Such investigation shall be 72 initiated immediately upon the occurrence of such fire or explosion. Upon request of the fire 73 marshal, the city police shall be authorized to assist the fire marshal in the performance of his/her 74 duties. When any fire or explosion is found to be suspicious or criminal in nature or causes serious 75 injury or death, the fire marshal or his/her deputies shall contact the city police and, per the 76 agreement of the fire marshal and chief of police, conduct a joint investigation into the origin and 77 cause of the fire or explosion. 78 (d) Hazardous conditions. When, in the opinion of the fire marshal or code official, a fire or life safety 79 hazard is of imminent danger to occupants of a building, structure or outdoor event, the fire marshal 80 or code official may order the unsafe condition removed, said building or structure evacuated or 81 outdoor event terminated. 82 (e) Right of entry. The fire marshal or his/her designee is authorized at all reasonable times to enter and 83 examine any building, marine vessel, vehicle, or premises for the purposes of making fire safety 84 inspections. Before entering a private building or dwelling, the fire marshal or his/her designee shall 85 obtain the consent of the occupant thereof or obtain a search warrant authorizing his/her entry for 86 the purpose of inspection, except in those instances where an emergency exists. As used in this 87 section, "emergency" means circumstances which the fire marshal or his/her designee knows or has 88 reason to believe exist, and which reasonably may constitute immediate and grave danger to life or 89 property. 90 (f) Implied consent. Application for, or acceptance of, any license or permit requested or issued pursuant 91 to City Code constitutes agreement and consent by the person making the application or accepting 92 the license or permit to allow the fire marshal or his/her designee to enter the premises at any 93 reasonable time to conduct such inspections as required by this code or deemed necessary by the fire 94 marshal or his/her designee to determine compliance with the requirements for such license or 95 permit. 96 (g) [Placard-Health hazard and unsafe to enter.] The fire marshal or code official may placard any 97 building damaged by fire or explosion as being a health hazard and unsafe to enter. No one shall 98 enter any building having been placarded by the fire marshal or code official as being a health hazard 99 and unsafe without first contacting the fire marshal. 100 (h) [Unlawful to enter.] It shall be unlawful to enter any premise, structure, building, or vehicle which

Proposed Ordinance #2016-21 - Chapter 2 - Administration, Chapter 22 - Buildings and Building Regulations, and Chapter 46 - Fire Prevention and Protection Page 4 101 has been damaged by fire or explosion for the purpose of removing, altering or tampering with any 102 part of the structure, appliance, or object identified and tagged by the fire marshal as being a possible 103 ignition source or cause of the fire or explosion, without approval of the fire marshal, until the 104 conclusion of the investigation. 105 (Code 1968, § 2-49; Code 1981, § 7-59; Ord. of 2-9-1998; Ord. No. 2012-05, 9-24-2012) 106 ADOPTED: * 107 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-21 ANNUAL APPOINTMENT - CITY CLERK, BUILDING INSPECTOR, AND FIRE MARSHAL\Ordinance #2016-21 Annual Appointment - City Clerk, 108 Building Inspector, and Fire Marshal.wpd 109 SYNOPSIS 110 The proposed amendments remove the annual appointment requirement for the city clerk, 111 building inspector, and fire marshal and add language for removal from office. 112 (SPONSORS: HUTCHISON, NEIL, AND ANDERSON) 113 Actions History 114 11/15/2016 - Scheduled for Introduction - Council Committee of the Whole/Legislative, Finance, and Administration 115 Committee 116 10/25/2016 - Deferred by Council Committee of the Whole/Legislative, Finance, and Administration Committee 117 10/11/2016 - Deferred by Council Committee of the Whole/Legislative, Finance, and Administration Committee

ACTION FORM MEETING DATE: 11/15/16 PROCEEDING: Council Committee of the Whole/Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Clerk’s Office PREPARED BY: Traci A. McDowell, City Clerk, on behalf of City Council DATE SUBMITTED: 11/09/2016 SUBJECT: Proposed Ordinance #2016-26 Amending Chapter 2 - Administration, Article III - Standing Council Committees RELATED PROJECT: N/A APPROVALS: City Council EXHIBITS: Proposed Ordinance #2016-26, Resolutions No. 2015-16 and 2016-05 EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: First Reading of Proposed Ordinance #2016-26 on November 28, 2016 and Final Reading on December 12, 2016. RECOMMENDED ACTION: Adoption of Proposed Ordinance #2016-26 Amending Chapter 2 - Administration, Article III - Standing Council Committees by creating a committee of the whole with the current standing committees becoming its sub-committees. BACKGROUND AND ANALYSIS During their Regular Meeting of December 14, 2015, City Council adopted Resolution No. 2015-16 which changed the Committee meeting format to a Committee of the Whole format on a trial basis. On May 23, 2016, Resolution No. 2016-05 amending Resolution No. 2015-16 by setting the Committee of the Whole meetings for the second and fourth Tuesdays of the month through May 31, 2017, was adopted. It also directed that, if Council chooses to adopt this meeting format, an Ordinance amendment regarding the Standing Committees would be presented for adoption prior to the Annual Meeting in May. /tm S:\CAFS\11-09-2016 CCW-LF&A - PROPOSED CHANGE TO COMMITTEE OF THE WHOLE\11-09-2016 LF&A CAF - Proposed Change to Committee of the Whole Format.wpd

CITY OF DOVER PROPOSED ORDINANCE #2016-26 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 2 - Administration, Article III - Standing Council Committees of the Dover Code be deleted 4 in its entirety and inserting in lieu thereof the following: 5 ARTICLE III. - STANDING COUNCIL COMMITTEES 6 Sec. 2-81. - Committee of the whole. 7 (a) Created. There is hereby created a committee of the whole as a standing committee. The committee 8 of the whole shall be an advisory body. 9 (b) Members. All members of the city council shall be members of the committee of the whole with 10 the council president serving as chair. 11 Sec. 2-82. - Committee of the whole sub-committees. 12 (a) Created. There are hereby created the following committee of the whole sub-committees: 13 (1) Legislative, Finance and Administration Committee. The legislative, finance, and 14 administration committee shall advise the city council on proposed Charter amendments, 15 ordinances to be adopted or amended, and other legislative matters; and shall advise the city 16 council on financial matters, including the city's budget, assessments, and taxation; and 17 advise the city council on administrative issues, policy, procedures, and operations of the 18 city. The legislative, finance, and administration committee shall act as an advisory 19 committee to the city council regarding matters relating to the mayor, council, city manager's 20 office, finance department, administrative services, city clerk's office, tax assessor's office, 21 human resources department, central services department, information technology 22 department, election board, pension boards, and any omitted or new departments or 23 committees, and other areas as deemed appropriate. 24 (2) Parks, Recreation and Community Enhancement Committee. The parks, recreation, and 25 community enhancement committee shall advise the city council on parks, playgrounds, 26 open space, and other recreational facilities and programs; shall advise the city council on 27 matters relating to community enhancements by reviewing and commenting on community 28 plans, and recommend appropriate funding for each community improvement project; and 29 shall advise the city council on landscaping and beautification programs and tree 30 preservation requirements, and assist in developing an understanding of the objectives and 31 methods of tree conservation. The parks, recreation, and community enhancement committee 32 shall act as an advisory committee to the city council regarding matters relating to the parks 33 and recreation department, planning department, grounds department, community 34 development, Silver Lake Commission, Greater Dover Arts Council, library commission, 35 and other areas as deemed appropriate, including funding. 36 (3) Safety Advisory and Transportation Committee. The safety advisory and transportation 37 committee shall advise the city council on public safety issues, policies, procedures, and 38 operations relative to emergency operations, and fire and police services. The safety advisory 39 and transportation committee shall act as an advisory committee to the city council regarding

Proposed Ordinance #2016-26 - Chapter 2 - Administration, Article III - Standing Council Committees Page 2 40 matters relating to the police department, fire department, department of inspections, and 41 other areas as deemed appropriate. 42 (4) Utility Committee. The utility committee shall advise the city council on the installation, 43 maintenance, repair, improvement, and relocation of electric, water, sewer, streets, 44 communication utilities and other infrastructures within the city and lawfully extending 45 beyond the city corporate limits; shall advise the city council on the issue of utility 46 consumption rates, suggested code amendments, and condemnation of public rights-of-way; 47 and shall act as an advisory committee to determine and establish utility issues, policies, 48 procedures, and operations relative to electric, water, sewer, communications, etc., including, 49 but not limited to, nonconsumption utility fees, utility extensions, impact fees, and service 50 connection fees. The utility committee shall act as an advisory committee to the city council 51 regarding matters relating to the electric department, and public works department, including 52 water, sewer, and sanitation divisions, and other areas as deemed appropriate. 53 (b) Members. The committee of the whole sub-committees shall be composed of all members of the 54 city council. The council president shall appoint elected city officials to serve as committee of the 55 whole sub-committee chairpersons. The council president and the sub-committee chairpersons will 56 each appoint one city resident as a sub-committee member. All sub-committee appointments shall 57 be for one-year terms unless sooner removed and are subject to confirmation of a voting majority 58 of the city council. 59 (c) Removal. A member of such sub-committee shall be removable by a three-fourths vote of the city 60 council, excluding any councilmember under consideration, after written notice shall have been 61 given the member being considered for removal, at a reasonable time prior to the proceeding, stating 62 the time, place and date of the removal proceeding. 63 Secs. 2-83 - 2-200. - Reserved. 64 ADOPTED: * 65 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-26 CH 2 ADMINISTRATION, ART III STANDING COUNCIL COMMITTEES\Proposed Ordinance #2016-26.wpd 66 SYNOPSIS 67 The proposed amendments create a committee of the whole with the current standing 68 committees becoming its sub-committees. 69 (Sponsors: Resolution No. 2016-05) 70 Actions History 71 11/15/2016 - Scheduled for Introduction - Council Committee of the Whole/Legislative, Finance, and Administration 72 Committee 73 The deleted text is provided below for reference. 74 ARTICLE III. - STANDING COUNCIL COMMITTEES 75 DIVISION 1. - GENERALLY 76 Secs. 2-81—2-100. - Reserved.

Proposed Ordinance #2016-26 - Chapter 2 - Administration, Article III - Standing Council Committees Page 3 77 DIVISION 2. - LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE 78 Sec. 2-101. - Created. 79 There is hereby created a legislative, finance, and administration committee. 80 (Code 1981, § 2-146; Ord. of 9-22-2003) 81 Sec. 2-102. - Members. 82 (a) Composition; selection; terms. The legislative, finance, and administration committee shall be 83 composed of five members, four of which are appointed by the council president and one 84 appointed by the committee chairperson, with all appointments subject to confirmation of a 85 voting majority of the city council. Three of the members shall be elected city officials, and the 86 two remaining members shall be city residents. The members of the committee shall serve one- 87 year terms unless sooner removed. 88 (b) Removal. A member of such committee shall be removable by a three-fourths vote of the city 89 council, excluding any councilmember under consideration, after written notice shall have 90 been given the member being considered for removal, at a reasonable time prior to the 91 proceeding, stating the time, place and date of the removal proceeding. 92 (Code 1981, § 2-147; Ord. of 9-22-2003) 93 Sec. 2-103. - Functions. 94 The legislative, finance, and administration committee shall advise the city council on proposed 95 Charter amendments, ordinances to be adopted or amended, and other legislative matters; and shall 96 advise the city council on financial matters, including the city's budget, assessments, and taxation; and 97 advise the city council on administrative issues, policy, procedures, and operations of the city. The 98 legislative, finance, and administration committee shall act as an advisory committee to the city 99 council regarding matters relating to the mayor, council, city manager's office, finance department, 100 administrative services, city clerk's office, tax assessor's office, human resources department, central 101 services department, information technology department, election board, pension boards, and any 102 omitted or new departments or committees, and other areas as deemed appropriate. 103 (Code 1981, § 2-148; Ord. of 9-22-2003) 104 Secs. 2-104—2-120. - Reserved. 105 DIVISION 3. - PARKS, RECREATION AND COMMUNITY ENHANCEMENT COMMITTEE 106 Sec. 2-121. - Created. 107 There is hereby created a parks, recreation, and community enhancement committee. 108 (Code 1981, § 2-156; Ord. of 9-22-2003) 109 Sec. 2-122. - Members.

Proposed Ordinance #2016-26 - Chapter 2 - Administration, Article III - Standing Council Committees Page 4 110 (a) Composition; appointment; terms. The parks, recreation, and community enhancement 111 committee shall be composed of five members, four of which are appointed by the council 112 president and one appointed by the committee chairperson, with all appointments subject to 113 confirmation of a voting majority of the city council. Three of the members shall be elected 114 city officials, and the two remaining members shall be city residents. The members of the 115 committee shall serve one-year terms unless sooner removed. 116 (b) Removal. A member of such committee shall be removable by a three-fourths vote of the city 117 council, excluding any councilmember under consideration, after written notice shall have 118 been given the member being considered for removal, at a reasonable time prior to the 119 proceeding, stating the time, place and date of the removal proceeding. 120 (Code 1981, § 2-157; Ord. of 9-22-2003) 121 Sec. 2-123. - Functions. 122 The parks, recreation, and community enhancement committee shall advise the city council 123 on parks, playgrounds, open space, and other recreational facilities and programs; shall advise the 124 city council on matters relating to the community enhancements by reviewing and commenting on 125 community plans, and recommend appropriate funding for each community improvement project; 126 and shall advise the city council on landscaping and beautification programs and tree preservation 127 requirements, and assist in developing an understanding of the objectives and methods of tree 128 conservation. The parks, recreation, and community enhancement committee shall act as an advisory 129 committee to the city council regarding matters relating to the parks and recreation department, 130 planning department, grounds department, community development, Silver Lake Commission, 131 Greater Dover Arts Council, library commission, and other areas as deemed appropriate, including 132 funding. 133 (Code 1981, § 2-158; Ord. of 9-22-2003) 134 Secs. 2-124—2-140. - Reserved. 135 DIVISION 4. - SAFETY ADVISORY AND TRANSPORTATION COMMITTEE 136 Sec. 2-141. - Created. 137 There is hereby created a safety advisory and transportation committee. 138 (Code 1981, § 2-161; Ord. of 9-22-2003) 139 Sec. 2-142. - Members. 140 (a) Composition; appointment; terms. The safety advisory and transportation committee shall be 141 composed of five members, four of which are appointed by the council president and one 142 appointed by the committee chairperson, with all appointments subject to confirmation of a 143 voting majority of the city council. Three of the members shall be elected city officials, and the 144 two remaining members shall be city residents. The members of the committee shall serve one- 145 year terms unless sooner removed. 146 (b) Removal. A member of such committee shall be removable by a three-fourths vote of the city

Proposed Ordinance #2016-26 - Chapter 2 - Administration, Article III - Standing Council Committees Page 5 147 council, excluding any councilmember under consideration, after written notice shall have 148 been given the member being considered for removal, at a reasonable time prior to the 149 proceeding, stating the time, place and date of the removal proceeding. 150 (Code 1981, § 2-162; Ord. of 9-22-2003) 151 Sec. 2-143. - Functions. 152 The safety advisory and transportation committee shall advise the city council on public safety 153 issues, policies, procedures, and operations relative to emergency operations, and fire and police 154 services. The safety advisory and transportation committee shall act as an advisory committee to the 155 city council regarding matters relating to the police department, fire department, department of 156 inspections, and other areas as deemed appropriate. 157 (Code 1981, § 2-163; Ord. of 9-22-2003) 158 Secs. 2-144—2-160. - Reserved. 159 DIVISION 5. - UTILITY COMMITTEE 160 Sec. 2-161. - Created. 161 There is hereby created a utility committee. 162 (Code 1981, § 2-166; Ord. of 9-22-2003) 163 Sec. 2-162. - Members. 164 (a) Composition; appointment; terms. The utility committee shall be composed of five members, 165 four of which are appointed by the council president and one appointed by the committee 166 chairperson, with all appointments subject to confirmation of a voting majority of the city 167 council. Three of the members shall be elected city officials, and the two remaining members 168 shall be city residents. The members of the committee shall serve one-year terms unless sooner 169 removed. 170 (b) Removal. A member of such committee shall be removable by a three-fourths vote of the city 171 council, excluding any councilmember under consideration, after written notice shall have 172 been given the member being considered for removal, at a reasonable time prior to the 173 proceeding, stating the time, place and date of the removal proceeding. 174 (Code 1981, § 2-167; Ord. of 9-22-2003) 175 Sec. 2-163. - Functions. 176 The utility committee shall advise the city council on the installation, maintenance, repair, 177 improvement, and relocation of electric, water, sewer, streets, communication utilities and other 178 infrastructures within the city and lawfully extending beyond the city corporate limits; shall advise 179 the city council on the issue of utility consumption rates, suggested code amendments, and 180 condemnation of public rights-of-way; and shall act as an advisory committee to determine and 181 establish utility issues, policies, procedures, and operations relative to electric, water, sewer,

Proposed Ordinance #2016-26 - Chapter 2 - Administration, Article III - Standing Council Committees Page 6 182 communications, etc., including, but not limited to, nonconsumption utility fees, utility extensions, 183 impact fees, and service connection fees. The utility committee shall act as an advisory committee to 184 the city council regarding matters relating to the electric department, and public works department, 185 including water, sewer, and sanitation divisions, and other areas as deemed appropriate. 186 (Code 1981, § 2-168; Ord. of 9-22-2003) 187 Secs. 2-164—2-200. - Reserved. 188 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-26 CH 2 ADMINISTRATION, ART III STANDING COUNCIL COMMITTEES\Proposed Ordinance #2016-26.wpd

(!Cttp of mober MAYOR AND COUNCIL COUNCIL RESOLUTION NO. 2015-16 A RESOLUTION PROPOSING THAT COUNCIL MEMBERS AND CIVILIAN STANDING COMMITTEE MEMBERS ACT AS A COMMITTEE OF THE WHOLE ON A TRIAL BASIS WHEREAS, in an effort to be more efficient and effective, to allow greater opportunity for interaction and networking among elected officials and the civilian committee members, and to enhance the decision making process by involving all members of City Council in discussions at the Committee level, City Council has decided to temporarily set aside the Standing Committees as provided for in the Dover Code and act as a Committee of the Whole on a temporary basis; and WHEREAS, the Committee ofthe Whole, which would include all members of City Council and the civilian members for the Parks, Recreation, and Community Enhancement; Safety Advisory and Transportation; Utility; and Legislative, Finance, and Administration committees, would be chaired by the Council President. Each of the chairpersons of the four (4) standing committees would chair their respective committee meeting and the civilian members would participate in only their committee's discussions. The Committee of the Whole would enable members to give detailed consideration to agenda items in a committee setting. In a Committee of the Whole the results of votes taken are not final decisions, but have the status of recommendations which City Council would consider further and vote on at its Regular meeting, either as a discussion item or on Consent Agenda; and NOW, THEREFORE, BE IT RESOLVED that the City Council and civilian members of the Standing Committees will act as a Committee ofthe Whole on a trial basis beginning on January 26, 2016 and, if Council chooses to adopt this meeting format, an Ordinance amendment regarding the Standing Committees will be presented for adoption prior to the Annual Meeting in May. ADOPTED: DECEMBER 14, 2015 S: RESOLUTIONS-PROC'LAMATIO!':S-TRIBUTES 2015' ADOPTED •Resolut ion 1\:o . .2015-16- Standing Council Committees lo Meet as Committee oft he Whole- Adoptcd.wpd COUNCIL PRESIDENT Actions Historv: December 14, 2015- Introduced at City Council P.O. Box 475 •!• Dover, Delaware •!•19903 ([omm1mitp Qfxccllcncc m-IJrough ~11.11itv ~cruicc

q[ttp of l!lober MAYOR AND COUNCIL RESOLUTION NO. 2016-05 A RESOLUTION AMENDING RESOLUTION NO. 2015-16 WIDCH TEMPORARILY SET ASIDE THE STANDING COMMITTEES AS PROVIDED FOR IN THE DOVER CODE AND ENACTED A COMMITTEE OF THE WHOLE ON A TRIAL BASIS WHEREAS, Resolution No. 2015-16, adopted by City Council on December 14,2015, temporarily set aside the Standing Committees as provided for in the Dover Code and enacted a Committee of the Whole on a temporary basis; and WHEREAS, City Council wishes for members of City Council and the civilian members of the Parks, Recreation, and Community Enhancement; Safety Advisory and Transportation; Utility; and Legislative, Finance, and Administration committees to continue meeting as a Council Committee of the Whole on the second and fourth Tuesdays of the month through May 31, 2017. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: THAT the last paragraph ofResolution No. 2015-16 be amended to read as follows: NOW, THEREFORE, BE IT RESOLVED that the City Council and civilian members of the Standing Committees will act as a Council Committee of the Whole, meeting on the second and fourth Tuesdays of the month through May 31, 2017. If Council chooses to adopt this meeting format, an Ordinance amendment regarding the Standing Committees will be presented for adoption prior to the Annual Meeting in May. ADOPTED: MAY23, 2016 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\20 I6\ADOPTED\RESOLUTION NO. 20 I6-05 - Amending Resolution No. 20 I 5- I6 CCW\Resolution No. 20 I6-05 -Amending Res. No. 2015-16 Standing Council Committees to Meet as Committee of the Whole ADOPTED.wpd TIMOTHY A. SLAVIN COUNCIL PRESIDENT Actions History: May 23, 2016 - Introduction- City Council P.O. Box 475 •> Dover, Deta w<:ue •:•1. 9903 Qi:ommnnitp Qfxcl'llwce '(!I;IJrOu!JlJ ® unlit).}:eeruic.r

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee AGENDA OF: 11-15-2016 DEPARTMENT OF ORIGIN: Police Department DATE SUBMITTED: 10-18-2016 PREPARED BY: Captain Tim Stump Administrative Division Commander SUBJECT: Amendment to City Ordinances Relating to Animal Control EXHIBITS: Proposed Ordinance #2016-27 amending Chapter 18 - Animals TIMETABLE: Consideration by the Council Committee of the Whole/Legislative, Finance, and Administration Committee on 11-15-2016. RECOMMENDED ACTION: Adoption of Proposed Ordinance #2016-27 BACKGROUND AND ANALYSIS On January 1, 2016, the Office of Animal Welfare began operating in the State of Delaware and subsequently the state laws relating to animal control were moved from Delaware Code Titles 3 and 7 to Delaware Code Title 16. The police department’s Animal Control Officer attempted to obtain a warrant and the presiding magistrate noticed the discrepancy that our ordinances still referenced Title 7 on the specific charge he was attempting to obtain. As a result, she refused to sign the warrant. We need to amend our ordinances immediately to reflect the current state law, so that our Animal Control Officer can effectively do his job and continue to enforce the City of Dover Ordinances set forth in Chapter 18. Additionally, we would like the wording in 18-4 (a) changed from “animal” to “dog”. In years past we dealt with other animals however we now only enforce “dog” violations as per the city’s contract with Brandywine Valley SPCA.

CITY OF DOVER PROPOSED ORDINANCE #2016-27 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 18 - Animals, Section 18-4 - Running At-Large, of the Dover Code be amended by deleting 4 the text indicated in red strikeout and inserting the bold, blue text, as follows: 5 Sec. 18-4. - Running at-large. 6 (a) Permitting unlawful Unlawful. It shall be unlawful for any person to permit any animal dog to run 7 at-large. 8 (b) Duties of police and animal control officer. It shall be the duty of every police officer and animal 9 control officer to apprehend any dog found running at-large contrary to the provisions of this section 10 and to impound it. Such person shall make a record of the breed, color and sex of the dog and the 11 number of its license tag, if any. A compilation of the records of all dogs caught and impounded shall 12 be maintained at the police headquarters station. Should any police officer or animal control officer 13 be unable, after using reasonable and diligent efforts, to apprehend such animal, he may destroy it. 14 (c) Authority of citizens. Any citizen of the city may take up any animal found running at-large and 15 deliver it to an animal control officer or police officer, or other authorized person, to be impounded. 16 (d) Notice to owner. It shall be the duty of the animal control officer or police officer or other person 17 taking or impounding any animal to notify the owner, if known, within a reasonable time, either 18 personally or by a written notice left at his usual place of abode or, if unknown, by five or more 19 written or printed notices posted in public places within the city. 20 (e) Any person convicted of a violation of this section shall pay a fine as provided for in Appendix 21 F-Fees and Fines. 22 (Code 1981, § 4-4; Ord. of 8-28-1995; Ord. No. 2009-09, 6-22-2009) 23 BE IT FURTHER ORDAINED: 24 That Chapter 18 - Animals, Section 18-5 - Dog licenses required, of the Dover Code be amended by deleting 25 the text indicated in red strikeout and inserting the bold, blue text, as follows: 26 Sec. 18-5. - Dog licenses required. 27 (a) Generally. The owner or lawful possessor of any dog shall obtain a license for his dog pursuant to 28 7 Del. C. § 1702 16 Del. C. § 3042F, and any owner or possessor who shall fail to comply with the 29 provision of the laws of the state shall pay a fine as provided for in Appendix F-Fees and Fines. 30 (b) Enforcement. The provisions of this section may be enforced by any police officer or by any person 31 designated to act as an animal control officer. 32 (Code 1981, § 4-4.1; Ord. of 8-28-1995; Ord. No. 2009-09, 6-22-2009)

Proposed Ordinance #2016-27 - Chapter 18 - Animals Page 2 33 BE IT FURTHER ORDAINED: 34 That Chapter 18 - Animals, Section 18-10 - Same - Seizure and Impoundment, of the Dover Code be 35 amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as follows: 36 Sec. 18-10. - Same-Seizure and impoundment. 37 (a) Person bitten. When a person has been bitten by a vicious dog or animal, the person, or parent, 38 guardian or person standing in loco parentis of the person, and the person owning the animal or in 39 control or possession of the animal shall notify the city police department immediately and give the 40 name and address of the person bitten and the owner of the animal, along with a description of the 41 animal. All animals that bite a person shall be immediately confined for ten days in a city-approved 42 animal shelter or veterinary facility, at the expense of the owner. 43 (b) Confinement. If the owner of a dog or cat that has bitten a person can provide proof of a currently 44 valid rabies vaccination, that dog or cat may be quarantined on the premises of the owner or 45 custodian. 46 (c) Impoundment if not confined. Any dangerous or vicious animal may be impounded by an animal 47 control officer or police officer to protect the public safety. Said impoundment will be in a 48 city-approved animal shelter or veterinary facility at the owner's expense. No dangerous or vicious 49 animal will be returned to the owner unless said animal is confined by the owner within a building 50 or secured enclosure and shall be securely muzzled or caged whenever off the premises of its owner. 51 Every person harboring a vicious animal, vicious dog or a wild animal is charged with an affirmative 52 duty to confine said animal in such a way that the public does not have access to such animal. 53 (Code 1981, § 4-9; Ord. of 8-28-1995) 54 State Law reference- Similar provisions, 3 Del. C. § 8208 16 Del C. §3073F. 55 BE IT FURTHER ORDAINED: 56 That Appendix F - Fees and Fines, Chapter 18 - Animals, Section 18-5 - Dog licenses required; for each 57 violations be amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as 58 follows: First offense - Not less than $25.0050.00or more than $1,000.00500.00. Second and subsequent offenses occurring within 12 months 59 Sec. 18-5. Dog licenses required; for of prior offense - not less than $100 and not more than $500. 60 each violation The minimum fine for a subsequent offense shall not be subject to suspension. Conviction for the failure to pay the license fee is a violation. 61 ADOPTED: * 62 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-27 CH 18 - ANIMALS\Proposed Ordinance #2016-27 - CH 18 - Animals.wpd

Proposed Ordinance #2016-27 - Chapter 18 - Animals Page 3 63 SYNOPSIS 64 The proposed amendments will align the Dover Code with the recently amended Delaware Code. 65 (SPONSORS: HUTCHISON AND HOSFELT) 66 Actions History 67 11/15/2016 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee

ACTION FORM MEETING DATE: 11/15/16 PROCEEDING: Council Committee of the Whole/Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Council PREPARED BY: Traci A. McDowell, City Clerk, on Behalf of Councilman Hutchison DATE SUBMITTED: 09/21/2016 SUBJECT: Proposed Charter Amendments - Removal of Annual Appointment Requirement for the City Assessor, Controller/Treasurer, City Solicitor, and Deputy City Solicitor; Gender Language Amendments; Administrative Amendments; and Typographical Corrections RELATED PROJECT: Proposed Ordinance #2016-21 removing the annual appointment requirement for the City Clerk, Building Inspector, and Fire Marshal. Subsequent proposed ordinance amending Chapter 2 - Administration, Article IV - Officers and Employees, Division 4 - Controller/Treasurer, Section 2-261 - Appointment. APPROVALS: City Council/General Assembly EXHIBITS: City of Dover - Proposed Charter Amendments in Full Context (11/15/2016) EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Charter Amendments will require adoption of a Resolution requesting the General Assembly to approve the amendments. The Resolution will be presented to City Council on 11/28/16 and, upon adoption, the amendments will be forwarded to local legislators for submission. RECOMMENDED ACTION: Approval of the proposed amendments to the City of Dover Charter and adoption by City Council of the subsequent Resolution requesting the General Assembly to amend the Charter. BACKGROUND AND ANALYSIS At the request of Councilman Hutchison, staff prepared proposed Charter amendments to remove the annual appointment requirement for the City Assessor, Controller/Treasurer, City Solicitor, and Deputy City Solicitor. Additional corrections were made to section headings, gender language, and typographical errors and transitional language is being proposed for deletion. Additionally, proposed ordinance amendments are being considered to remove the annual appointment requirement for the City Clerk, Building Inspector, and Fire Marshal. S:\CAFS\AMENDMENTS-CHARTER\Charter Amendment - Removal of Annual Appointment Requirements-Gender Language-Corrections - CAF 11-15-2016 CCW-LF&A.wpd

CITY OF DOVER - PROPOSED CHARTER AMENDMENTS IN FULL CONTEXT INTRODUCED AT 11/15/2016 CCW/LF&A MEETING 1 PREAMBLE 2 We the people of the City of Dover, under the constitution and laws of the state of Delaware, in order to 3 secure the benefits of local self government and to provide for an honest and accountable council manager 4 government do hereby adopt this charter and confer upon the city the following powers, subject to the 5 following restrictions, and prescribed by the following procedures and governmental structure. By this 6 action, we secure the benefits of home rule and affirm the values of representative democracy, professional 7 management, strong political leadership, citizen participation, and regional cooperation. 77 Del. Laws, c. 8 130, § 1 9 ARTICLE I. POWERS OF THE CITY 10 Section Sec. 1.01. Powers of the City. 11 In addition to the powers specifically enumerated by statutes in Title 22 of the Delaware Code and 12 elsewhere, the City of Dover shall assume and have all powers which under the Constitution of the State it 13 would be competent for the General Assembly to grant by specific enumeration, and which are not denied 14 by statute. 77 Del. Laws, c. 130, § 2 15 Section Sec. 1.02. Construction. 16 The powers of the city under this charter shall be construed liberally in favor of the city, and the specific 17 mention of particular powers in the charter shall not be construed as limiting in any way the general power 18 granted in this article. 77 Del. Laws, c. 130, § 2 19 Section Sec. 1.03. Intergovernmental Relations. 20 The city may participate by contract or otherwise with any governmental entity of this state or of the United 21 States in the performance of any activity which one or more of such entities has the authority to undertake. 22 77 Del. Laws, c. 130, § 2 23 Section Sec. 1.04. Municipal corporation continued; boundaries. 24 The municipal corporation of the State of Delaware, known as "the City of Dover" shall continue to be a 25 body politic and corporate. The boundaries of the City of Dover are hereby established and declared as 26 recorded on the official map of record in the Recorder of Deeds Office in and for Kent County and State of 27 Delaware as presently existing and as hereinafter amended. 77 Del. Laws, c. 130, § 2 28 Section Sec. 1.05. Procedure to extend boundaries. 29 The City may, from time to time, extend its boundaries in accordance with Title 22, Chapter 1, Section 101 30 (22 Del. C. § 101) through the following annexation processes: 31 (1) In the case where annexation is petitioned by all owners of all property considered for 32 annexation, no election shall be required.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 2 33 For an annexation petition not requiring an election, such petition shall be processed in accordance 34 with procedures established for amendments to the zoning map, specified in Dover Code, Appendix 35 B - Zoning. All annexation petitions shall be processed concurrently with the rezoning of the 36 property considered for annexation and shall be subject to public hearing before City Council. Public 37 notice shall be completed in accordance with the provisions of the Dover Code relating to 38 amendment of the zoning map. 39 (2) In the case where annexation is not petitioned by all owners of all property considered for 40 annexation, such annexation shall be subject to an election, as follows: 41 (a) In order to extend the boundaries of The City of Dover the council shall adopt a 42 resolution proposing the inclusion of all property considered for annexation within 43 the limits of The City of Dover and calling for a special election to be held not less 44 than thirty (30) nor more than sixty (60) days after the adoption of the resolution, in 45 accordance with Title 22, Chapter 1, Section 101, Delaware Code. The resolution 46 shall contain a description of all property considered for annexation, the date of the 47 election, and the place or places of said election. The resolution shall be published 48 in at least two (2) issues of a newspaper of general circulation within the City of 49 Dover at least two (2) weeks prior to the day of said election. 50 (b) The annexation election shall be held by the city's election officers. Each owner of 51 the property considered for annexation shall be entitled to one (1) vote. Owners of 52 real estate in common shall be entitled to one (1) vote each. Life tenants shall be 53 entitled to one (1) vote each but the holders of the remainder interest or similar 54 interest subject to the life estate shall not be entitled to vote. Corporations, firms or 55 associations shall be entitled to one (1) vote, the same as private persons. 56 More than one (1) annexation election may be held on the same day; however, the elections shall be 57 separate. 58 The Council of the City of Dover shall provide the ballots and shall bear the cost of holding such 59 annexation elections. The ballots shall briefly indicate the property proposed for annexation and shall 60 provide two (2) boxes on the ballot beside which shall appear the words "FOR inclusion within The 61 City of Dover," and "AGAINST inclusion within The City of Dover." Each voter shall indicate their 62 preference by making a mark within the box beside the words expressing their preference. 63 For the annexation election, the polls shall open at 11:00 a.m. to and remain open until each eligible 64 voter has cast their vote or until 8:00 p.m., whichever occurs first. When the polls are closed the 65 election officers shall publicly count the votes and forthwith certify to the clerk of the council the 66 number of votes cast for and against inclusion within the city limits. At the next regular or special 67 meeting of the council the mayor and council shall receive the results of the election and make the 68 same a part of the minutes of said meeting. 69 If a majority of the votes cast in an annexation election are in favor of the inclusion of that property, 70 the council may thereupon adopt a resolution annexing said property and including same within the 71 limits of The City of Dover. Upon the adoption of a resolution of annexation a copy thereof certified 72 by the clerk of council and a plot of the area annexed shall be forthwith filed for record with the 73 Recorder of Deeds of Kent County, and the area so annexed shall for all purposes thenceforth be part

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 3 74 of The City of Dover. 75 If a majority of the votes cast in an annexation election shall be against the inclusion of that property 76 within the limits of The City of Dover, the proposed annexation of said property shall be declared 77 to have failed. Nothing in this Charter shall prohibit the council from resubmitting a proposal for 78 annexation to the eligible voters for said property, or any portion thereof, under the authority of this 79 section and in accordance with the provisions thereof. 77 Del. Laws, c. 130, § 2; 79 Del. Laws, c. 80 106, § 1; 81 Sec. 2. Status, general corporate powers, specific provisions for condemnation of property. 82 The inhabitants of the City of Dover within the boundaries defined in Section 1.04 of this Charter, or within 83 the boundaries hereafter established, shall continue to be a body politic and corporate, by the name of "The 84 City of Dover," and under that name shall have perpetual succession; may have and use a corporate seal; may 85 sue and be sued; may hold and acquire by purchase, gift, devise, lease or condemnation, real property and 86 personal property within or without its boundaries for any municipal purpose, in fee simple or lesser estate 87 or interest, and may sell, lease, hold, manage, and control such property as its interest may require; and shall 88 have all other powers and functions requisite or appropriate for the government of the city, its peace and 89 order, its sanitation, appearance and beauty, the health, safety, convenience, comfort and well-being of its 90 population, and the protection and preservation of property, public and private. 91 Whenever it shall be necessary for any municipal purpose to condemn any real property or personal property 92 under this Charter, except as is herein otherwise specifically provided, the Council must follow applicable 93 State Law. 77 Del. Laws, c. 130, § 3 94 Sec. 3. Employee pension, benefit and retirement systems authorized. 95 The City of Dover is hereby authorized, empowered and permitted to establish a system of pensions or 96 benefits through group insurance or otherwise as may be found proper and necessary, providing for life, 97 accident, health, hospitalization and death benefits, or any or either of them, for the regular employees of 98 the said "The City of Dover." The said "The City of Dover" is hereby authorized, empowered and permitted 99 to enter into an agreement or agreements with one or more insurance companies to provide a group insurance 100 plan or plans, as may be required or proper to carry out such system of pensions or benefits. The election 101 to exercise such authority on the part of the city shall be evidenced by an ordinance or resolution duly 102 adopted by the Council of The City of Dover as other ordinances or resolutions are adopted, and the same 103 shall be recorded in the official minutes of the said council. Such ordinance or resolution shall provide for 104 and establish a fund for the payment of the costs of such pension system or benefits by making 105 appropriations out of the treasury of the said "The City of Dover," or by requiring contributions payable from 106 time to time by the employees included in such plan or plans, or by a combination of both, or by any other 107 method not prohibited by law. The participation in any plan adopted shall be deemed to be mandatory by 108 the City of Dover and made a condition of employment and continuing employment. 109 The city council shall have power to enact ordinances for a pension or retirement system for the police of 110 the City of Dover, and to set aside a special fund for that purpose which fund shall be administered in 111 accordance with ordinances made and provided in that behalf and the laws of the State of Delaware. 112 Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to 113 impose and collect a tax, to be paid by the transferor or transferee as determined by council, upon the

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 4 114 transfer of real property within the city not to exceed one and a half percent (1.5%) or as amended 115 by State law of the value of the real property as represented by the document transferring the 116 property. The provisions of Section 5401 and Section 5403 of Chapter 54, Title 30 of the Delaware 117 Code shall apply with respect to any realty transfer tax imposed by the City of Dover pursuant to the 118 authority granted herein. The Council of the City of Dover may adopt an ordinance or ordinances to 119 provide for the effective administration and regulation of any tax adopted pursuant to the authority 120 conferred herein. If the taxing power and authority granted herein shall be exercised by way of a 121 stamp affixed to a document, the recorder of deeds in and for Kent County shall not receive for record 122 documents subject to said tax unless stamps provided by the City of Dover are affixed thereto showing 123 payment of the tax. 77 Del. Laws, c. 130, § 4 124 (Move to Section 49B - Realty Transfer Tax) 125 ARTICLE II. MAYOR AND COUNCIL 126 Section Sec. 4. General Powers and Duties. 127 All powers of the city shall be vested in the city council, except as otherwise provided by law or this Charter, 128 and the council shall provide for the exercise thereof and for the performance of all duties and obligations 129 imposed on the city by law. 77 Del. Laws, c. 130, § 5 130 Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmen council members; 131 qualifications. 132 The council shall be the legislative body of the city and composed of nine (9) members nominated and 133 elected as herein provided. 134 The city shall be divided into four (4) election districts, the boundaries of which shall be established by 135 council so that they are nearly equal in population based on the latest federal decennial census information. 136 The district boundaries established for municipal elections shall be used for the next regular municipal 137 election and shall continue in effect until the next succeeding federal decennial census is made available for 138 use by municipalities in the State of Delaware. 139 At the regular municipal election held in April of 2012, the mayor shall be elected at-large. The term 140 of mayor elected at the April 2012 regular municipal election shall be for a period of three years, 141 commencing on the second Monday in May following his/her election and continuing for a term of 142 three years until the second Monday in May 2015, or until his/her successor has been duly elected and 143 qualified. 144 Thereafter, Commencing with the regular municipal election to be held in April of 2015, the The term 145 of mayor shall be for a period of four years commencing on the second Monday in May following his/her 146 election and continuing for a term of four years until the second Monday in May, or until his/her successor 147 has been duly elected and qualified. 148 At the regular municipal election held in April of 2012, four councilmen shall be elected by district 149 voting from each of the districts of the city. The term of the councilmen elected at the April 2012 150 regular municipal election shall be for three years, commencing on the second Monday in May 151 following their election and continuing for a term of three years until the second Monday in May 152 2015, or until their successors have been duly elected and qualified.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 5 153 At the Regular Municipal Election Held in April of 2013, Five Councilmen Shall Be Elected, Four by 154 District Voting Being from the Districts and One At-large. The Term of the Councilmen Elected at 155 the April 2013 Regular Municipal Election Shall Be for a Period of Four Years, Commencing on the 156 Second Monday in May Following Their Election and Continuing for a Period of Four Years until 157 the Second Monday in May, or until Their Successors Have Been Duly Elected and Qualified. 158 Thereafter, commencing with the regular municipal election to be held in April of 2013, the The terms 159 of the councilmen council members shall be for a period of four years, commencing on the second Monday 160 in May following their election and continuing for a term of four years until the second Monday in May, or 161 until their successors have been duly elected and qualified. The mayor and at-large councilman council 162 member shall be elected at alternating biennial regular municipal elections. 163 In order to be eligible to be elected as mayor or as a member of council, the person must as of the date of 164 the election be: 165 (1) A citizen of the United States and of the State of Delaware; 166 (2) A resident of the city and having continuously resided therein or in an area annexed to the city during 167 the two (2) years immediately preceding the day of the election; 168 (3) A resident of the election district from which they are seeking election, unless they are seeking 169 election as an at-large councilman council member or mayor; 170 (4) Eighteen (18) years of age or older; and 171 (5) Nominated therefore, as hereinafter provided. 172 Holding Other Office. Except where authorized by law, no council members shall hold any other elected 173 public office, city office, or city employment during the term for which the member was elected to the 174 council. No former council members shall hold any compensated appointive office or employment with the 175 city until one year after the expiration of the term for which the member was elected to the council, unless 176 granted a waiver by the Board of Ethics (Ethics Commission). 77 Del. Laws, c. 130, § 6; 78 Del. Laws, c. 177 2, § 1; 78 Del. Laws, c. 213, § 1; 79 Del. Laws, c. 105, § 1; 178 Section Sec. 6. Municipal election; dates, time, and place of elections. 179 Regular municipal elections shall be held biennally biennially on the third Tuesday in April. All other 180 municipal elections that may be held shall be known as special municipal elections. At each such municipal 181 election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The council may designate the places 182 of election and make all necessary rules and regulations not inconsistent with this Charter or with other laws 183 of the State of Delaware for the conduct of elections, for the prevention of fraud in elections, and for the 184 recount of ballots in case of doubt or fraud. At alternating biennial regular municipal elections held on the 185 third Tuesday in April, five councilmen council members shall be elected for a term of four years, four of 186 whom shall be elected by district voting from each of the districts as designated by council and one of whom 187 shall be elected by at large voting by all voters of the city, as provided in section 5 of this Charter. At the 188 next biennial regular municipal election held on the third Tuesday in April, four councilmen council 189 members shall be elected by district voting from each of the districts as designated by council for a term 190 of four years, and a mayor shall be elected by at large voting by all the voters of the city for a term of four

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 6 191 years, as provided in section 5 of this Charter. 77 Del. Laws, c. 130, § 7; 78 Del. Laws, c. 213, § 2; 192 Sec. 7. Nomination petitions for candidates for council and mayor. 193 The mode of nomination of candidates for the council and for mayor shall be by petition, signed by not less 194 than ten (10) nor more than twenty-five (25) electors of the city, filed with the clerk of council on or before 195 4:30 p.m. on the second Friday of February bienially biennially for candidates for council and on or before 196 4:30 p.m. on the last working day in January bienially biennially for candidates for mayor in the years when 197 a mayor is to be elected. Should the second Friday of February fall on a legal holiday, the filing date shall 198 be 4:30 p.m. on the next working day thereafter which is not a legal holiday. 199 Whenever a petition nominating a person for the office of mayor or councilman council member shall have 200 been filed as above prescribed, the name of such person shall be printed on the ballot for the regular biennial 201 municipal election as a candidate for the office for which they were nominated, provided they possess the 202 qualifications prescribed by this Charter for a candidate for such office. 203 No nominating petition shall designate more than one person to be voted for as a member of council or as 204 mayor. 205 The signers of a nominating petition for a member of the council must be electors registered voters of the 206 city residing in the city election district in which the nominee resides; but the signers to the of a nominating 207 petition for the mayor and for the at-large councilman council member may be registered voters of the 208 city electors residing in the city at-large. 209 There must be attached to each nominating petition an affidavit of the circulator thereof, stating the number 210 of signers and that each signature appended thereto was made in their presence, and is the genuine signature 211 of the person whose name it purports to be, and that all of said signers are entitled to vote at the regular 212 municipal election referred to; and, in the case of a petition nominating a candidate for councilman council 213 member running from a particular district and to be elected by district voting, that the circulator of the 214 petition verily believes that each signer of said petition is a resident of the same city election district in which 215 the nominee resides. 216 With each signature shall be stated the place of residence of the signer, giving the street and number or other 217 description sufficient to identify the same. The form of the nominating petition shall be substantially as 218 follows: 219 We, the undersigned, electors registered voters of The City of Dover, hereby nominate 220 ________________, who resides in the ________________ City District of the said City of Dover, for the 221 office of Councilman Council member (or for the office of Mayor as the case may be) to be voted for at 222 the regular municipal election to be held in the said City, on the ________ day of _________ in the year 223 ________; and we individually certify that we are qualified to vote for a candidate for the office named, and 224 that we have not signed any other nominating petition for that office, and that our places of residences are 225 truly stated after our signatures. 226 Name __________ 227 Street and Number address __________

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 7 228 (Space for Signatures) 229 STATE OF DELAWARE 230 KENT COUNTY 231 SS. 232 ________________ being duly sworn (or affirmed) deposes and says that they were the circulator of the 233 foregoing petition paper containing ________________ signatures, and that the signatures appended thereto 234 were made in his/her presence, and are the signatures of the persons whose names they purport to be, and 235 that they verily believes the residence of each signer thereof to be truly stated, and that all of said signers are 236 entitled to vote at the regular municipal election referred to in said paper; and, in case the petition is 237 nominating a candidate for councilman council member to be elected from a specific district by district 238 voting, that each signer of said petition is a resident of the same city election district in which the nominee 239 resides. 240 (Signed) __________ 241 Subscribed and sworn to (or affirmed) before me this ________ day of _________ 242 __________Justice of the Peace (or Notary Public) 243 77 Del. Laws, c. 130, § 8; 78 Del. Laws, c. 213, § 3; 244 Sec. 8. Election board; counting of votes; determination of winners; tie votes; persons eligible to vote; 245 voter registration; official ballots and voting machines; absentee ballots. 246 There is hereby created the election board which shall be a non-elected body to oversee the municipal 247 elections, as well as to serve as an advisory board to Council on such matters as voter registration, municipal 248 elections, election rules and regulations, and polling locations for City elections. The board shall be 249 composed of five (5) members, serving three (3) years terms, to be appointed by the Mayor and confirmed 250 by council at the Annual Meeting, or as necessary to fill vacancies as they occur. One member shall be 251 appointed from each district into which the city has been divided for election purposes, and one member 252 shall be appointed on an at large basis. The City Clerk shall serve as a liaison member of the board. Upon 253 expiration of the term of appointment, a member shall serve until his/her successor has been duly appointed. 254 If a vacancy occurs during the term of any member of the election board, a person residing in the same 255 numbered district shall be appointed to fill the remainder of said term. Members serve without salary, but 256 shall be paid a per diem allowance as specified by City ordinances. 257 To be eligible for appointment to the election board, each prospective member shall be a citizen of the 258 United States, a registered voter within the City, and have resided within the geographical boundaries of the 259 City for one year preceding the appointment. The Mayor and members of Council, their parents, spouse, or 260 children, shall not be eligible for appointment to the election board. 261 All elections shall be held by an election board. The City Clerk may designate such other persons as he/she 262 shall deem necessary to assist the members of the election board in the conduct of the election and counting 263 of the ballots. Should any or all of the members of the election board be absent from the place of election

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 8 264 at 7:00 a.m. on the day of the election or fail or neglect to act in the conduct of such election during the time 265 the polls are open and until the ballots are counted and the results of the election certified, the voters of the 266 city present at such time may choose from the qualified voters of the city such person or persons as shall be 267 necessary to fill places made vacant by the absence or neglect aforesaid. 268 When the polls are closed, the election board shall publicly count the votes and shall certify the results of 269 the election to each of the persons elected and to the council. The candidate for the office of mayor who 270 receives the highest number of votes cast for that office shall be declared to be elected mayor; the candidate 271 for the office of at-large councilman council member who receives the highest number of votes cast for 272 that office shall be declared to be elected at-large councilman council member; and the candidates for the 273 offices of councilmen council member from each district who receive the highest number of votes cast by 274 voters who reside in that district and cast votes for councilmen council member of that district shall be 275 declared to be elected to that office. In the event of a tie vote for any office, a special election for said 276 office(s) only shall be held within thirty (30) days and the registration books shall remain closed until the 277 outcome of the special election is determined. 278 Every resident of the City of Dover who shall have reached the age of eighteen (18) years by the time of the 279 election and who is properly registered to vote shall be entitled to vote at all regular or special municipal 280 elections. A voter will be considered properly registered to vote if they are properly registered to vote for 281 state elections in accordance with Title 15 of the Delaware Code as amended. 282 The council shall provide for the use of voting machines in all regular and special municipal elections in 283 conformity with Title 15 of the Delaware Code by ordinance duly adopted by council. Voting machines shall 284 be used in accordance with Title 15 of the Delaware Code and by ordinance duly adopted by council. The 285 names of the candidates for each office shall be listed in alphabetical order on the voting machines under 286 the name of the office to which they seek election. The voters shall designate their choice of candidates in 287 accordance with the regular method of operation of voting machines. The council may provide sample 288 ballots plainly marked as such and printed on paper of any color except white to be distributed to any voter 289 or candidate who requests them prior to or during the election. 290 Any qualified voter, duly registered, who shall be unable to appear to cast their ballot at any election either 291 because of being in the public service of the United States or of this state, or because they will be 292 unavoidably absent from the city on the day of the election, or because of his/her sickness or physical 293 disability may cast a ballot at such election by absentee ballot to be counted in the total of such election. The 294 council may provide the rules and regulations for such absentee voting by ordinance for all elections. 77 Del. 295 Laws, c. 130, § 9, 10 296 Sec. 9. Meetings of mayor and council--Generally. 297 At 7:30 p.m. on the second Monday in May following a regular municipal election, the mayor and council 298 shall meet at the usual place for holding council meetings and the newly elected officers shall assume the 299 duties of office, being first duly sworn or affirmed to perform their duties with fidelity. Such meeting shall 300 be called or known as the annual meeting. Thereafter, the council shall hold regular meetings at such times 301 as may be prescribed by ordinance, but not less frequently than once each month. Special meetings may be 302 called and held as prescribed by ordinance. All meetings of the council shall be open to the public except 303 scheduled executive sessions.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 9 304 At the annual meeting held on the second Monday in May, the members of council shall elect one of their 305 members to serve as council president, such term to be in effect until the next regularly scheduled annual 306 meeting or until a successor is elected. The council president shall serve as vice-mayor. The Council 307 president shall preside over regular and special council meetings. 308 The mayor shall preside over the annual meeting and quarterly town meetings, and at the annual meeting 309 present a state of the city message and offer mayoral appointments for council confirmation. The 310 mayor, upon recommendation from the council president, will present council appointments for 311 council approval. 312 In the event of absence of the council president, then the senior member of council in terms of length of 313 service as a councilman council member shall assume the duties of the council president and shall be 314 designated council president acting. In the event that two (2) or more members of council have the same 315 seniority in terms of length of service as a councilman council member , then the members of council shall 316 vote and elect one of those as council president acting. Council president acting shall fulfill all of the duties 317 and responsibilities of council president during his/her period of unavailability or absence. 318 Sec. 10. Meetings of Mayor and Council--Procedure. 319 Five (5) of the members elected to the council shall constitute a quorum to do business, but a less number 320 may adjourn from time to time and may compel the attendance of absent members in such manner and under 321 such penalties as may be prescribed by ordinance. 322 No ordinance, resolution, motion or order shall be valid unless it shall have (1) the affirmative vote of a 323 majority of the members elected to the council, and (2) the written approval of the mayor, or the vice-mayor 324 in those cases where the vice-mayor is authorized to act as mayor as provided in section 15 hereof, provided 325 that in the absence of such approval by the mayor, or the vice-mayor as the case may be, the council may, 326 after not less than seven (7) days nor more than thirty-five (35) days after the prior vote, pass or adopt the 327 said ordinance, resolution, motion or order which did not receive the approval of the mayor, or the 328 vice-mayor, by the affirmative vote of two-thirds of the members elected to council. 329 Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the duty of the mayor, 330 or the vice-mayor, to signify his/her approval or disapproval thereof in writing to the clerk of the council 331 within seven (7) days thereafter. The clerk of the council shall forthwith notify the members of the council 332 of such approval or disapproval. 333 Motions to adjourn meetings of council and orders to compel the attendance of absent members shall not 334 require the approval of the mayor or vice-mayor. 335 A councilman council member shall abstain from voting on a matter that he/she feels would involve the 336 consideration of his/her own official conduct, on a matter in which he/she has a financial interest, in a matter 337 in which he/she has a conflict of interest or in accordance with a policy adopted by council. 338 The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered together 339 with the text of the ordinance or resolution upon the journal of the proceedings of the council. The journal 340 shall be deemed conclusive evidence of the facts stated therein except in the case of fraud.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 10 341 The city council may adopt any standard code of technical regulations by reference thereto in an adopting 342 ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for 343 ordinances generally except that: 344 (1) The requirements for distribution and filing of copies of the ordinance shall be construed to 345 include copies of the code of technical regulations as well as of the adopting ordinance, and 346 (2) A copy of each adopted code of technical regulations as well as of the adopting ordinance 347 shall be authenticated and recorded by the city clerk. 348 Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution 349 or for purchase at a reasonable price. 77 Del. Laws, c. 130, § 11 350 Sec. 11. Council to be judge of election results and qualification of members; power to fix procedure. 351 The council shall be the judge of the election results and qualification of its members and, in such cases, 352 shall have power to subpoena witnesses and compel the production of all pertinent books, records and 353 papers; but the decision of the council in any such case shall be subject to review by the courts. The holding 354 over members shall constitute the council for the purpose of determining election contests. The council shall 355 determine its own rules and order of business and keep a journal of its proceedings. It shall have power to 356 compel the attendance of absent members, and may punish its members for disorderly behavior. 357 Section Sec. 12. Compensation; Expenses-Mayor, council members, and other elected or appointed 358 officials. 359 The city council shall determine the annual salary and emoluments of the mayor, council members, and other 360 elected or appointed officials by ordinance, but no ordinance increasing the salary of the mayor or city 361 council members shall become effective until the date of commencement of the terms of the mayor or 362 council members elected at the next regular election. The mayor and council members shall receive their 363 actual and necessary expenses incurred in the performance of their duties of office. 77 Del. Laws, c. 130, 364 § 12 365 Section Sec. 13. Vacancies; Forfeiture of Office; Filling of Vacancies 366 (a) Vacancies. The office of a council member shall become vacant upon the member's death, resignation, 367 or removal from office or forfeiture of office in any manner authorized by law. 368 (b) Forfeiture of Office. A council member shall forfeit that office if the council member: 369 (1) Fails to meet the residency requirements, 370 371 (2) Violates any express prohibition of this charter, 372 373 (3) Is convicted of a crime involving moral turpitude, or 374 375 (4) Fails to attend three consecutive regular meetings of the council without being excused by 376 the council.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 11 377 In the case of any such vacancy or of any vacancy created by death, resignation or otherwise for which said 378 vacancy shall be less than six months in duration, the office shall remain vacant. If such vacancy should be 379 in excess of six months in duration, a special election shall be held to fill such vacancy, this special election 380 to be held no sooner than 30 days from the date of the vacancy, but said special election to be held no later 381 than 60 days after the date of the vacancy. If council fails to call for a special Election, the special Election 382 shall be called by the Election Board. 77 Del. Laws, c. 130, § 13 383 Sec. 14. Duties of mayor. 384 The mayor shall be the executive and chief official of the city. The Mayor shall have the powers and perform 385 the duties conferred and imposed by this Charter and ordinances of the city. The mayor shall preside at the 386 annual meeting of the council and at all quarterly town meetings. The council president shall preside at all 387 other meetings of the council. The mayor shall have no vote on council matters of any nature whatsoever. 388 The mayor is an ex officio member of all committees, but shall have no vote. 389 Sec. 15. Council President/Vice-mayor, duties of. 390 At each annual meeting, the council shall elect one of their number as council president who shall also serve 391 as vice-mayor. During a vacancy in the office of mayor or during the absence or disability of the mayor, the 392 vice-mayor shall have all the powers and duties of the mayor, except as hereinafter provided. The council 393 president and vice-mayor shall retain his/her right to vote as councilman a council member at all times 394 although he/she may be acting as the mayor, unless the mayor's absence appears to be indefinite or extended, 395 in which case council shall pass a resolution appointing the vice-mayor as mayor until the mayor's position 396 is either filled in accordance with section 13 hereof or the mayor returns to his/her duties, which resolution 397 shall provide that the vice-mayor shall have the right to approve or disapprove council action in accordance 398 with section 10 hereof, in which case the vice-mayor shall lose his/her vote as councilman a council 399 member until further action is taken by council. 400 Section Sec. 16. City Clerk 401 The city council shall appoint an officer of the city who shall have the title of a city clerk to hold office 402 until his/her successor has been duly chosen and qualified, but subject to removal at any time by the 403 council. The city clerk shall give notice of council meetings to its members and the public, keep the journal 404 of its proceedings and perform such other duties as are assigned by this charter or ordinance or by the council 405 or by state law. 77 Del. Laws, c. 130, § 14 406 Sec. 17. Controller/treasurer 407 At the annual meeting the The council shall elect appoint a controller/treasurer to hold office until the 408 next annual meeting of the council, or until his/her successor has been duly chosen and qualified, but 409 subject to removal at any time by the council. 410 The Controller/treasurer shall be the custodian of all the city funds and shall deposit them in a banking 411 institution designated by the council. 77 Del. Laws, c. 130, § 15 412 Sec. 18. Ordinances authorized; maximum penalty for violation. 413 The council is hereby vested with the authority to adopt ordinances of every kind relating to any subject

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 12 414 coming within the powers and functions of the city, or relating to the government of the city, its peace and 415 order, its sanitation, appearance and beauty, the health, safety, convenience and comfort of its population, 416 and the protection and preservation of property, and to fix and impose and enforce the payment of, fines and 417 penalties for the violation of any such ordinance; as penalties will be provided by the Dover Code of 418 Ordinances and no provision in this Charter as to ordinances on any particular subject shall be deemed or 419 held to be restrictive of the power to adopt ordinances on any subject not specifically enumerated. 77 Del. 420 Laws, c. 130, § 16 421 Sec. 19. Power of council to define and abate nuisances. 422 The council shall have power to define nuisances and cause their abatement. The operation of any 423 instrument, device, or machine of any kind whatsoever, that shall cause electrical interference with radio or 424 television reception within the limits of the city shall, at the option of the council, be deemed to be a 425 nuisance. 426 Sec. 20. Power of council to provide for fire protection measures. 427 The council shall have power to adopt all measures requisite or appropriate for protection against fire. To 428 this end the council may adopt ordinances prohibiting the use of building materials that the council deem 429 would create a fire hazard, and may zone or district the city and make particular provisions for particular 430 zones or districts with regard to buildings and building materials. This power shall be deemed to embrace 431 new buildings or additions to or alterations of existing structures of every kind. The council shall have the 432 power to condemn any building or structure or portion thereof that it deems to be a health hazard or 433 constitutes a fire menace or to require or cause the same to be torn down, removed, or so altered as to 434 eliminate the health hazard or menace of fire. 435 Sec. 21. Power of council to adopt zoning ordinances. 436 The council may adopt zoning ordinances limiting and restricting to specified districts, and regulating 437 therein, buildings and structures according to their construction and the nature and extent of their use. 438 Sec. 22. Power of council to regulate construction of buildings and require permits; building inspector 439 authorized. 440 The power of the council to adopt ordinances for the safety of the city and its population shall be deemed 441 to embrace the right to prescribe the height and thickness of the walls of any building and the kind and grade 442 of materials used in the construction thereof. 443 The council may provide for the issuance of building permits and forbid the construction of a new building 444 or the addition to or alteration and repair of an existing building except when a building permit has been 445 obtained therefore. The council may appoint a building inspector and prescribe his/her powers and duties. 446 Sec. 23. Power of council to create city planning commission; members generally. 447 The council may create a city planning commission for the development, improvement, and beautification 448 of the city, and prescribe its powers and duties. No member of the planning commission may hold at the 449 same time, any elected city office.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 13 450 Members of any planning commission created by the city shall consist of two (2) members from each council 451 district and one member serving at large. 452 All members of the planning commission must be residents of the City of Dover. 453 Each appointed member of the commission shall receive per diem reimbursement for expenses to be paid 454 quarterly monthly for preparation and attendance at each meeting of the planning commission attended 455 in an amount to be set by council. 456 Sec. 24. Power of council to franchise or license public utilities and common carriers. 457 The council shall have the right to grant or refuse franchises or licenses to public utilities and common 458 carriers and fix the terms and conditions thereof and to regulate their use of the streets, lanes, alleys, 459 rights-of-way, and air space or airways of the city. 460 Sec. 25. Power of council to operate light, power or water plant. 461 The council shall have power to operate a light, power and water plant for the city, and to do all things 462 necessary for its maintenance and operation. The council may at their option transmit electric current and 463 or water from its said plant to places or properties outside of the city limits upon such terms, charges and 464 conditions as they shall determine. 465 The council shall have power to adopt ordinances, rules and regulations in regard to the use for public or 466 private purposes of electric current distributed and or water furnished by the city and the amount to be paid 467 by the users thereof, and fix fines and penalties for any willful or negligent injury or damage to its water and 468 light plant, and to any objectionable use in connection with its light and water system, and to any 469 interference with or obstruction of the said system. 470 Sec. 26. Power of council with reference to sewers. 471 The council shall have superintendence and supervision of the sewers and the sewer system of the city. They 472 shall have power to install any or additional sewers in the city. The council may by condemnation 473 proceedings take for sewer purposes, private land, or the right to use private land under the surface thereof, 474 for the laying of sewer mains. The proceedings by condemnation under this section shall be the same as 475 prescribed by Section 27 of this Charter with regard to the laying out of new streets, and the resolutions 476 referred to in said section shall be modified to cover the case contemplated by this present section. 477 The council shall have power to make all ordinances, rules and regulations regarding the sewers and sewer 478 system of the city and the use thereof, and may fix fines and penalties for the violation of the provisions of 479 such ordinances. The council may require any property in the city to be connected with the water and sewer 480 mains and to compel the owner of such property to pay the cost of such connection and the tapping fee or 481 charge therefore. The connecting with the water or sewer mains and the tapping thereof shall be under the 482 regulation and control of the council. 483 The council may extend the sewer system of the city to places outside of the city limits upon such terms, 484 charges and conditions as it shall determine.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 14 485 The council is hereby authorized to impose a charge or rent for the use of the sewer system of the city, both 486 within and without the limits of the city, and in addition to the connection or tapping charges. 487 Sec. 27. Power of council to layout, locate, abandon, etc., streets, sidewalks, etc. 488 The council shall have power and authority to lay out, locate, accept, and open new streets and to widen and 489 to alter existing streets or parts thereof, and to vacate or abandon streets or parts thereof, whenever they shall 490 deem it for the best interest of the city. 491 Whenever, the land comprehended or included in any street, or part thereof, vacated or abandoned under this 492 section is owned by the city, the council may, in their discretion, sell such land either at private or public sale 493 and for such consideration as the council shall deem proper, and shall have the right and power to convey 494 to the purchaser or purchasers thereof a good and sufficient title thereto. 495 The word 'street' shall be deemed and held to comprehend and include sidewalks, lanes and alleys. 496 Sec. 28. Power of council to pave streets, sidewalks, etc. and levy assessment for public improvements; 497 municipal lien docket. 498 The council shall have power to pave or repave, or to cause to be paved, or repaved, the streets and 499 sidewalks of the city, or any part or portion thereof, with such material or materials as it shall determine. 500 The power hereby conferred shall be exercised in the following manner, to wit: 501 SIDEWALKS 502 A. The city council, at such time as it shall determine that the condition or conditions of a particular street 503 or streets, or portion thereof, requires that sidewalks be laid, or that the sidewalks then existing, if there be 504 sidewalks laid, should be improved, or upon the petition of a majority of persons owning property along any 505 of the streets, or a portion of any of the streets of the said city, asking that the sidewalks abutting on said 506 street or streets, be improved, or that sidewalks be laid where there are none at the time of the filing of the 507 petition, may direct the property owner or owners to lay or replace sidewalks with such material or materials, 508 as, in the judgment of the said Council of the City of Dover, may seem best under the circumstances. 509 It shall be the duty of the city manager to give at least fifteen (15) days notice in writing to the owner or 510 owners of the property affected by the action of the said council. Said notices shall be served in the manner 511 following: A copy thereof shall be delivered personally to the owner or owners of said property, or a copy 512 thereof shall be left with the tenant in possession of the property, or a copy thereof shall be sent by registered 513 mail to the last known post office address of the owner or owners of the said property or properties so 514 affected. Service of such notice by either of said methods shall be sufficient to bind the owner or owners 515 under the provisions of this Charter. 516 It shall be the duty of the owner or owners, after notice shall have been given in either of the ways above 517 designated, to forthwith cause the said sidewalks to be laid or the improvement or alterations thereof to be 518 made, as directed in said notice. 519 Upon the failure of the owner or owners to lay or cause to be laid or improved or altered, the sidewalks or 520 portion thereof, according to the direction of said notice, it shall be the duty of the City Manager to cause

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 15 521 the said sidewalks to be laid or altered or improved, as the case may be, according to the terms of such 522 notice. 523 STREETS 524 B. The council shall adopt an ordinance or resolution stating, in effect, that on a named day and at a named 525 hour and place, the council will meet to consider the question of paving or repaving, with specified material 526 or materials, the named street in front of the property of named owners, and, of assessing the cost thereof 527 against the owners. Said ordinance or resolution shall be published at least one week prior to the meeting 528 aforesaid in at least one issue of a newspaper published in the city. The council shall hold a meeting in 529 accordance with said ordinance or resolution and shall hear thereat the named owners of property and other 530 residents of the city appearing on the questions presented in said ordinance or resolution. 531 After such hearing, the council shall decide, either at said meeting or at a subsequent meeting, whether or 532 not to proceed with the paving or repaving specified in said ordinance or resolution; provided, however, that 533 the council shall not proceed with such improvement if, at or prior to the hearing aforesaid, the council shall 534 be presented with a written objection thereto signed by a majority of the owners of real property in front of 535 which such paving or repaving was contemplated. The provisions of this subsection, relating to the paving 536 or repaving of streets, shall be deemed to apply to and include curbs and gutters. 537 SPECIAL ASSESSMENTS 538 C. The city shall have the authority to levy and collect special assessments upon property in a limited 539 and determinable area for special benefits accruing to such property as a consequence of any 540 municipal public work or improvement, and to provide for the payment of all, or any part of, the cost 541 of the work, service or improvement out of the proceeds of such special assessments. 542 When the term "owner" or "owners" is used with respect to special assessments, it shall be deemed 543 to mean the person or persons who owned the property in question at the time of the enactment of 544 the assessment ordinance, and, any change in ownership thereafter shall not be deemed to affect any 545 of the steps or proceedings described in this Charter with respect to special assessments. 546 The council shall also have the authority to enact ordinances which provide for the levy and 547 collection of assessments against property owners for the cost of installation of sanitary sewers, 548 storm sewers, water mains, streets, sidewalks, street lights, curbs, gutters and other public 549 improvements. 550 Such ordinances shall prescribe: 551 (1) The basis to determine the amount which shall be assessed upon the properties abutting the 552 public work or improvement; 553 (2) What portion of corner properties shall be considered frontage and what portion side frontage 554 and whether there shall be any exemption on side frontage; 555 (3) Payment provisions providing for payment in installments, except that assessments for 556 current services or service connections shall be payable within one year; and

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 16 557 (4) Rules under which individual appeals shall be heard. 558 All special assessments and all water and sewer service charges shall be liens and shall be entered 559 in the municipal lien docket as liens. 560 The council may provide for the payment of special assessments for whatever purpose levied by 561 installments, but assessments for permanent improvements shall be paid in annual or more frequent 562 installments, and, assessments for current services shall be payable within one year. 563 MUNICIPAL LIEN DOCKET 564 D. A docket known as the "City of Dover Municipal Lien Docket" shall be prepared and maintained by 565 the city manager. The docket shall be substantially the same in form as the judgment docket for Kent 566 County and shall contain an index according to the name of the owner against whom such lien has 567 been assessed. All taxes and all charges for water service, sewer service, garbage service, electric 568 service, grass cutting services and debris removal, dangerous building ordinance costs and 569 assessments, special assessments for municipal improvements of any nature, and all other charges 570 or assessments made by the city against property owners may be recorded in the municipal lien 571 docket and shall be and constitute a lien upon all of the real estate of the taxable against or upon 572 whom such taxes and/or charges are laid or imposed, of which such taxable was seized at any time 573 after such taxes and/or charges have been levied and imposed, situate in the City of Dover. All liens 574 so recorded shall continue in full force and effect until the same plus accrued costs have been paid 575 in full. Upon payment in full of the lien and all costs, it shall be the duty of the city manager to enter 576 forthwith upon the docket the date of final payment and the words "satisfied in full." Failure to 577 record liens in the municipal lien docket shall not affect liens otherwise provided for in 25 Del.C. 578 section 2901, et seq. 579 Sec. 29. Streets, sidewalks, etc. to be under control of council; power of council to prescribe grades 580 thereon and regulate traffic. 581 The streets, sidewalks, lanes and alleys in the city shall be under the supervision, management and control 582 of the council, and the council may prescribe the grades thereof and adopt ordinances regulating the use 583 thereof and the traffic thereon. 584 Sec. 30. Power of council to provide for disposal of garbage and sewage. 585 The council shall have power to provide for the incineration or other sanitary disposal of litter, debris, refuse, 586 garbage and sewage. 587 Sec. 31. Power of council to regulate parking and provide parking lots. 588 The council shall have power to adopt ordinances regulating the parking of automobiles and motor vehicles 589 within the city, and may lease or purchase land to be used for parking purposes. 590 Sec. 32. Council to determine salaries of city appointees and employees 591 The salaries or emoluments of all city appointees and city employees shall be determined by the council 592 through the pay system and Collective Bargaining Agreements as amended.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 17 593 ARTICLE III. CITY MANAGER 594 Sec. 33. The city manager generally. 595 The council shall appoint a city manager who shall be the chief administrative officer of the city. The City 596 Manager need not, when appointed, be a resident of the city or the state. No member of the council shall, 597 during the time for which elected, be chosen as city manager. The manager shall be appointed for an 598 indefinite term but shall be removable at the pleasure of the council. Before the manager may be removed 599 he/she shall, if he/she so demand, be given a written statement of the reasons alleged for his/her removal and 600 the right to be heard publicly thereon at a meeting of the council prior to the final vote on the question of 601 his/her removal, but pending and during such hearing the council may suspend him/her from office. The 602 action of the council in suspending or removing the manager shall be final, it being the intention of this 603 Charter to vest all authority and fix all responsibility for such suspension or removal in the council. In case 604 of the absence or disability of the manager the council may designate some qualified person to perform the 605 duties of the office during such absence or disability. 606 Sec. 34. Responsibility of manager; powers of appointment and removal. 607 The city manager shall be responsible to the council for the proper administration of all affairs of the city 608 placed in his/her charge, and to that end, except as otherwise provided herein, he/she shall have the power 609 to appoint and remove all employees in the administrative service of the affairs of the city under his/her 610 charge. All such appointment shall be without definite term. 611 Section Sec. 35. Appointments and Removals. 612 Neither the city council nor any of its members shall in any manner control or demand the appointment or 613 removal of any city administrative officer or employee whom the city manager or any subordinate of the city 614 manager is empowered to appoint, but the council may express its views and fully and freely discuss with 615 the city manager anything pertaining to appointment and removal of such officers and employees. The city 616 administrative officers and employees can be assured of due process in accordance with Title 19 of the 617 Delaware Code. 77 Del. Laws, c. 130, § 17 618 Section Sec. 36. Interference with Administration. 619 Except for the purpose of inquiries, and investigations by council under Section 39, the council or its 620 members shall deal with city officers and employees who are subject to the direction and supervision of the 621 city manager solely through the city manager, and neither the council nor its members shall give orders to 622 any such officer or employee, either publicly or privately. 77 Del. Laws, c. 130, § 18 623 Sec. 37. Duties of the manager. 624 It shall be the duty of the city manager to supervise the administration of the affairs of the city under his/her 625 charge; to make such recommendations to the council concerning the affairs of the city as may seem to 626 him/her desirable; to keep the council advised of the financial conditions and future needs of the city; to 627 prepare and submit to the council the annual budget estimate; to prepare and submit to the council such 628 reports as may be required by that body; and to perform such other duties as may be prescribed by this 629 Charter or required of him/her by ordinance or resolution of the council.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 18 630 Sec. 38. Right of manager to sit in council meetings. 631 The city manager and such other officers of the city as may be designated by vote of the council, shall be 632 entitled to seats in the council, but shall have no vote therein. 633 Section Sec. 39. Investigations 634 The city council may make investigations into the affairs of the city and the conduct of any city department, 635 office, officer, employee, or agency and for this purpose may subpoena witnesses, administer oaths, take 636 testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the 637 exercise of these powers by the council shall be a Class A misdemeanor punishable by existing State Law. 638 77 Del. Laws, c. 130, § 19 639 Sec. 40. Other functions of city manager. 640 The city manager shall have charge of the light and water plant operated by the city, and of the light and 641 water and sewer systems of the city. The City Manager shall have charge of the supervision of the streets, 642 gutters, curbs and sidewalks of the city and of all work relating thereto. The City Manager shall have charge 643 of the administration of all provisions of this Charter and ordinances and regulations of the council relating 644 to affairs of the city, when not otherwise provided for by this Charter or by any ordinance or resolution of 645 the council. The City Manager shall ex officio be the collector of taxes for the city. It shall be his/her duty 646 to collect all water rents and fees for the tapping of water mains and sewers, all charges for electric current 647 and all city revenue from any source whatsoever. The City Manager shall pay over to the Controller/treasurer 648 at least monthly, and oftener if required by council, all moneys received or collected by him/her and by 649 any employee under him/her. 650 The City Manager shall keep a full and strict account of all moneys received and all transfers made by 651 him/her to the Controller/treasurer and such accounts shall be at all times open to inspection by the council. 652 The City Manager shall make such reports and at such times as the council shall direct. 77 Del. Laws, c. 130, 653 § 20 654 Sec 41. This Section has been intentionally left blank. 655 ARTICLE IV. FINANCIAL AFFAIRS 656 Sec. 42. Signing of warrants. 657 The Controller/treasurer shall pay out no money except upon warrant signed by the city manager and 658 countersigned by the mayor. 659 The mayor and the city manager shall sign no warrants on the Controller/treasurer except pursuant to 660 appropriations or resolutions theretofore made by the council. 661 The Controller/treasurer shall keep a true and detailed account of all moneys received and of all moneys paid 662 out by him/her. The Controller/treasurer shall preserve all vouchers for moneys paid by him/her. His/her 663 books and accounts shall at all times be open to inspection by the council or the mayor or the city manager. 664 The Controller/treasurer shall make such reports and at such times as the council may direct.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 19 665 The Controller/treasurer shall be required to give bond in such amount and in such form and with such surety 666 as the council shall determine or approve. 77 Del. Laws, c. 130, § 20 667 Sec. 43. Fiscal year. 668 The fiscal year of the city shall begin the first day of July and shall end with the next succeeding thirtieth 669 day of June. 670 Sec. 44. Annual budget. 671 On or before the second Monday of May of each year, the city manager shall prepare and submit to the 672 council, a budget, presenting a financial plan for conducting the affairs of the city for the ensuing fiscal year. 673 The total of proposed expenditures shall not exceed the total of anticipated income. 674 The budget shall include the following information: 675 1. A detailed statement showing the expenses of conducting each department and office of the 676 city for the current year and last preceding fiscal year. 677 678 2. A detailed estimate of the expenses of conducting each department and office of the city for 679 the ensuing fiscal year with reasons for the increases and decreases recommended. 680 681 3. The amount of the debt of the city together with a schedule of maturities of bond issues. 682 683 4. A statement showing the amount required for interest on the city debt and for paying off any 684 bonds maturing during the year and the amount required for the sinking fund. 685 686 5. An itemized statement of all anticipated income of the city with a comparative statement of 687 the amounts received by the city from each of the same or similar sources for the last 688 preceding and current fiscal years. 689 690 6. An estimate of the amount of money to be received from taxes. 691 692 7. Such other information as the city manager may think desirable or as may be required by the 693 council. 694 The council shall on or before the second Monday in the month of June in each year adopt a budget for the 695 succeeding fiscal year. The council shall, so far as possible, adhere to the budget so adopted in the making 696 of appropriations. 697 Sec. 45. Payment of claims; issuance of warrants after approval of city manager; reports by manager 698 thereon to council. 699 No claim against the city shall be paid except on an order on the Controller/treasurer, signed by the city 700 manager, and approved and countersigned by the mayor. The city manager shall examine all payrolls, bills 701 and other claims and demands against the city and shall issue no warrant for payment, unless he/she finds 702 that the claim is proper and in proper form and correctly computed. 77 Del. Laws, c. 130, § 20

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 20 703 Sec. 46. Annual audit. 704 Annually in the month of July the council shall have the finances of the city and the books and accounts of 705 the city manager and the Controller/treasurer audited by a certified accountant. 706 As soon as practicable after such audit has been completed, the council shall cause to be made and published 707 a report of the city's finances for the preceding fiscal year. 77 Del. Laws, c. 130, § 20 708 Section Sec. 47. General assessment; levy on utility property. 709 The City shall cause to be made a true, just, and impartial valuation and assessment of all real property 710 within the city, locating each parcel of real property by street and number or other description. The assessor 711 or assessors shall be appointed by a majority vote of the Council at its annual meeting by majority vote 712 thereof to hold office until his/her successor has been duly chosen and qualified, but subject to 713 removal at any time by the council. Before entering upon the duties of office, an assessor shall be sworn 714 or affirmed by the Mayor to perform the duties of the assessor's office with fidelity and without favor or 715 partiality. 716 Whenever Council shall direct, as set forth in Chapter 102 - taxation, article I - in general, Section 102-1 - 717 valuation and assessment, of the Dover Code of Ordinances, all real property in the City of Dover shall be 718 reassessed by an outside mass appraisal company or a consortium of appraisers chosen by Council. The mass 719 appraisal company or consortium of appraisers shall be licensed to conduct business in the State of Delaware 720 and the City of Dover and shall employ appraisers who are licensed by the Delaware Division of 721 Professional Regulation. This assessment shall be in lieu of the valuation and assessment made by the 722 assessor or assessors appointed by Council as described herein above and in lieu of the assessor's duties 723 described herein above. 724 The assessor or assessors shall include supplemental assessments made annually for the purposes of (1) 725 adding property not included in the last assessment or (2) increasing or decreasing the assessment value of 726 property which was included in the last annual assessment. 727 The annual assessment date for all real property shall be January 1st of each year. The assessment of all 728 property shall be at its true value in money as of the assessment date. True value in money shall be the fair 729 market value. 730 The general assessment shall be set down by the assessor or assessors in two (2) or more copies, as the 731 Council shall direct, and shall be delivered to the Council as soon as made. The Council shall, on the first 732 day of April of each year, cause a copy of the general assessment to be posted in two (2) public places in the 733 city for ten (10) days. The assessor shall notify the public of an appeal deadline of thirty (30) days from the 734 date of general assessment posting. 735 The Council may direct that appeals from any assessment be heard by a committee, known as the Board of 736 Assessment Appeals, of not less than three (3) members appointed by the Council. The Board of Assessment 737 Appeals shall sit at a stated place and time to hear the appeals of all taxpayers dissatisfied with the 738 assessment of their properties, shall collect such information as they consider proper and necessary, and shall 739 report their findings.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 21 740 Notice of the place and time that the Board of Assessment Appeals will sit to hear appeals shall be posted 741 with the general assessment in two (2) public places for a period of ten (10) days. Notice of the posting of 742 the copies of the general assessment and of the place and time of the meetings of the Board of Assessment 743 Appeals shall be published in at least one issue of a newspaper published in the city. 744 The assessment as revised and adjusted by the Board of Assessment Appeals or Superior Court shall be the 745 basis for the levy and collection of taxes for the city. 746 The Council shall have the right to levy and collect taxes on gas mains, telephone, telegraph, 747 communications systems, or trolley poles or other erection of like character within the limits of the city, 748 together with the wires thereon strung; and to this end the Council may at any time direct the same to be 749 included in or added to the general assessment. 750 Nothing contained in this section shall be deemed or held to invalidate or otherwise effect any assessment 751 made prior to the approval of this section or any tax levied thereunder. 77 Del. Laws, c. 130, § 21; 78 Del. 752 Laws, c. 217, § 1; 753 Sec. 48. Maximum budget. 754 The council shall in the month of June of each year determine the amount of money to be raised for the city 755 for general purposes for the next fiscal year not exceeding two (2) percent of the total taxable assessment 756 for a general tax, and shall also determine the amount of money required to be raised in such year by the city 757 for interest, sinking fund and redemption of the bonds of the city. A reasonable sum for delinquencies, 758 discounts and costs of collection may be added by the council to the amounts aforesaid. The amounts 759 determined as aforesaid together with any additional sum or sums authorized to be levied and collected, as 760 in this section hereinafter provided, shall be levied and collected by the council on the property and persons 761 assessed as aforesaid and in accordance with such assessment and according to a rate established by the 762 council. 763 Sec. 49. Payment and collection of taxes; errors and delinquents in assessments. 764 All taxes shall be paid to the collector of taxes. For all taxes not paid on or before July 31st in the calendar 765 year that they are assessed, there shall be added and collected a one and one-half percent (1.5% (18% per 766 annum) for every month or fraction of a month after the 31st day of July that said taxes remain unpaid. 767 It shall be the duty of the collector of taxes to proceed forthwith to collect all taxes unpaid by the first day 768 of October in the calendar year that they were assessed and in the collection of said taxes he/she shall have 769 all the powers conferred upon or vested in the Receiver of Taxes and County Treasurer for Kent County. 770 The council shall have the authority to allow errors and delinquents in the assessment. 771 The provisions of §8705, Title 9 of the Delaware Code shall be deemed and held to apply to all taxes laid 772 and imposed under the provisions of this Charter. 773 Sec. 49A. Assessment, payment, and collection of taxes for new construction. 774 In the event that the mayor and council of the City of Dover desire to collect and levy taxes on newly 775 constructed property not taxed by virtue of the city's annual assessment, the city may enact an ordinance to

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 22 776 do so provided that: At the beginning of each quarter of each year, there shall be an increase in the valuation 777 and assessment of all newly constructed real property within the city, locating each parcel of real property 778 by street and number or other description. Property shall be deemed to be newly constructed when the city 779 permits occupancy and use (Certificate of Occupancy) or when new construction is being used or occupied 780 for its intended purpose. The said valuation and assessment shall be made by an assessor or assessors who 781 shall be elected appointed by council in accordance with the provisions set forth in Section 47 of this 782 Charter. 783 The aforementioned assessment shall be during the months of January, April, July, and October of each year. 784 Any new construction with an added value of $25,000 or less shall not be realized until the next annual 785 assessment roll. The property owner may appeal any assessment for new construction in accordance with 786 Section 47 of this Charter. 787 The aforementioned assessment shall be deemed a general assessment for all property with new construction. 788 The council may direct appeals from any general assessment for new construction in accordance with 789 Section 47 of this Charter. 790 Nothing in this section contained shall be deemed or held to invalidate or otherwise affect any assessment 791 made prior to the approval of this section or any tax levied thereunder. 792 All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty (30) days of billing and 793 those taxes not paid shall accrue a penalty in the amount of one and one-half (1½) percent per month. For 794 every tax that is not paid as prescribed herein, the tax collector shall have all the powers conferred upon or 795 vested in the Receiver of Taxes and County Treasurer for Kent County. 796 The council shall have the authority to allow errors and delinquents in the assessment. 797 The provisions of 9 Del. C. § 8705 and 25 Del. C. §§ 2901 through 2905, as they may from time to time be 798 amended, shall be deemed and held to apply to all taxes laid and imposed upon the provisions of this 799 Charter. 77 Del. Laws, c. 130, § 22 800 Sec. 49B. Realty Transfer Tax 801 Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to 802 impose and collect a tax, to be paid by the transferor or transferee as determined by council, upon the 803 transfer of real property within the city not to exceed one and a half percent (1.5%) or as amended 804 by State law of the value of the real property as represented by the document transferring the 805 property. The provisions of Section 5401 and Section 5403 of Chapter 54, Title 30 of the Delaware 806 Code [30 Del.C. §5401 and §5403] shall apply with respect to any realty transfer tax imposed by the 807 City of Dover pursuant to the authority granted herein. The Council of the City of Dover may adopt 808 an ordinance or ordinances to provide for the effective administration and regulation of any tax 809 adopted pursuant to the authority conferred herein. If the taxing power and authority granted herein 810 shall be exercised by way of a stamp affixed to a document, the recorder of deeds in and for Kent 811 County shall not receive for record documents subject to said tax unless stamps provided by the City 812 of Dover are affixed thereto showing payment of the tax. 77 Del. Laws, c. 130, § 4 813 (Moved from Sec. 3. - Employee pension, benefit and retirement systems authorized.)

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 23 814 Sec. 50. Debt limit. 815 (a) Whenever the needs of the city shall require more money than is at the time in the city treasury from 816 current receipts, the council shall be authorized and empowered to anticipate current revenue by 817 borrowing such sums as shall be needed not in excess of one (1) percent of the total taxable 818 assessment for a general tax. The amount so borrowed shall be paid back out of current revenue 819 received thereafter. 820 To exercise the power aforesaid the council shall adopt a resolution to that effect, which resolution 821 shall require the affirmative vote of at least three-fourths of all the members of the council, and the 822 approval of the mayor. The indebtedness created under this section shall be evidenced by the bond, 823 or note, of the city, and the faith and credit of the city shall be deemed to be pledged thereby. 824 (b) The mayor and council is hereby authorized and empowered to borrow from time to time on the faith 825 and credit of The City of Dover sums of money for such purposes as may be deemed necessary and 826 proper by the mayor and council of the said city which purpose shall be consistent with the powers 827 conferred upon the mayor and council of The City of Dover by the Charter thereof, as amended, for 828 the management and maintenance of the said city and for these purposes the mayor and council shall 829 have full power and authority to issue bonds of the said "The City of Dover." 830 The aggregate of the amounts so borrowed together with all other bonded indebtedness for which 831 the full faith and credit of the City of Dover has been pledged shall not at any time exceed a sum 832 equal to 5 percent of the total assessed value of real property situate within the bounds of the City 833 of Dover as such boundaries shall from time to time appear. 834 The said bonds shall be issued in one or more series, shall bear such date or dates, shall mature at 835 such time or times, shall bear interest at such rate or rates, shall be payable at such time or times, and 836 at such place or places, shall be in such denominations, and shall contain such other provisions as 837 the mayor and council may provide and shall be set forth in the said bonds. Said bonds may or may 838 not be coupon bonds and may be registered or otherwise as the mayor and council deem advisable. 839 The mayor and council shall direct and effect the preparation and sale of said bonds at such time or 840 times, at such price or prices, and upon such terms as the said mayor and council deem advisable, 841 and all the monies arising from the sale of said bonds shall be used for the municipal purposes of The 842 City of Dover specified in the resolution authorizing their issue. 843 The form of said bonds and of any coupons which may be thereunto attached shall be as prescribed 844 by the mayor and council, and all such bonds shall be signed by the mayor and the treasurer of The 845 City of Dover and sealed with the corporate seal thereof. Facsimile signatures of the mayor and 846 treasurer and a facsimile of the corporate seal may be imprinted upon such bonds and any coupons 847 attached to said bonds in lieu of the signatures of the said mayor and treasurer in their own 848 handwriting and of the affixing of the corporate seal itself. 849 Said bonds of The City of Dover shall be exempt from all state, county and municipal taxes. 850 The mayor and council of The City of Dover are hereby authorized and required to levy and raise 851 by taxation in each and every year such sums of money as may be required to pay the interest accrued 852 on said bonds while all or any of said bonds remain unpaid, and the said mayor and the city council

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 24 853 are further authorized and required to levy and raise by taxation, from time to time such sum or sums 854 of money as shall be needed to establish such sinking funds as the said mayor and the city council 855 may at their discretion authorize for the redemption of said bonds, or any of them, at or before their 856 maturity and such sum or sums of money as shall be required to otherwise redeem any or all of said 857 bonds at or before their maturity. Taxes for interest and for redemption of said bonds shall be levied 858 and raised as taxes for general municipal purposes in the said city are levied and raised and shall be 859 in addition to those levied and raised for any and all other municipal purposes. 860 A statement appearing in the bonds issued under the provisions of this section to the effect that the 861 bonds have been duly authorized shall be deemed and held to be conclusive evidence in favor of the 862 lawful holder of any such bonds that the terms and conditions of this section have been fully met and 863 complied with. 864 (c) Bonds may be authorized and issued pursuant to subsection (b), without a referendum vote, by a 865 resolution of the council which shall have the affirmative vote of three-fourths of the members 866 thereof and the approval of the mayor, for the following purposes: 867 (i) To finance capital projects, including, but not limited to, public storm sewers, water mains, sewer 868 mains, streets and public buildings provided that no more than 1/4 of one percent (.25%) of taxable 869 assessed value of real property of aggregate principal amount of general obligation bonds may be 870 issued at any one time pursuant to this clause and any new bonds issued pursuant to this clause may 871 not cause the total aggregate principal amount of general obligation bonds outstanding at any one 872 time to exceed one percent of the total taxable assessment for a general tax at the time such new 873 bonds are issued; and 874 (ii) to refund bonds secured by the city's full faith and credit, prior to their stated maturity, provided 875 that (A) the present value of the aggregate principal and interest payments of the refunding bonds 876 are not greater than the present value of the aggregate principal and interest payments on the bonds 877 to be refunded determined by discounting at the effective interest rate on the refunding bonds, 878 calculated based on the internal rate of return: and (B) at the time of issuance of the refunding bonds 879 there are deposited in escrow, pledged to secure the refunded bonds, sufficient monies and/or direct 880 obligations of, or obligations the principal of and interest on which are guaranteed by, the United 881 States government, which, without regard to any reinvestment earnings, will be sufficient to pay 882 when due all interest, principal and redemption price on the refunded bonds at maturity or upon 883 earlier call for redemption. 884 (d) Except for bonds issued pursuant to subsection (c) hereof, all bonds issued under the provisions of 885 subsection (b) shall first be approved by a referendum vote of the qualified voters (as herein defined) 886 of The City of Dover. 887 Notice of the holding of such referendum election shall be authorized by resolution of the mayor and 888 council, published once a week, for at least three (3) consecutive weeks in at least one newspaper 889 circulated in The City of Dover, Delaware. Such notice shall be set out in summary form the amount 890 and purposes of such bond issue, the date and place of holding the referendum election and the hours 891 the polls will be open. 892 At said referendum election "qualified voter" shall mean every natural person who is a resident or 893 a nonresident taxable of the city, of the age of eighteen (18) years or upwards. Each qualified voter

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 25 894 shall be eligible to vote and shall have one vote. 895 The City Assessor or his/her designee shall attend the election with the last city assessment and tax 896 payment records for the inspection of the election officers. The referendum election shall be held at 897 such date as the mayor and council shall designate. The referendum election shall be held at such 898 suitable place in said city as the mayor and council shall designate in said published notice. The polls 899 shall be open from 7:00 a.m. (local time), and shall close at 8:00 p.m. (local time). The judge of the 900 election shall, in the case of a tie vote on the bond issue cast the deciding vote, otherwise judge of 901 the election shall refrain from voting, but the election clerks may vote. 902 The total votes cast for and the total votes cast against the bond issue shall be certified as correct by 903 at least two (2) of the election officers and delivered to the mayor, or to the clerk of council 904 immediately after the total vote count has been certified. 905 The mayor and council shall at the next regular meeting after the election, or at a special meeting, 906 receive the results of the referendum election and make the same a part of the minutes of said 907 meeting, whereupon if a majority of the votes cast were for the bond issue bonds herein provided for 908 may be issued and sold as provided in subsection (b), but if at such referendum election the majority 909 of the votes cast were against the bond issue, then no bonds shall be issued nor shall any money be 910 borrowed pursuant to the resolution submitted to the referendum. 911 (e) In addition to the power otherwise granted in this section, the mayor and council may issue special 912 assessment revenue bonds to finance those public projects for which the city may levy and collect 913 special assessments pursuant to Section 28 of this Charter. Such bonds shall not obligate the faith 914 and credit of the city, but shall be payable solely from the proceeds of the special assessments which 915 are pledged to the payment thereof. Such bonds shall be authorized without a referendum vote by 916 a resolution of the council which shall have the affirmative vote of three-fourths of the members 917 thereof and the approval of the mayor. 918 (f) After authorization of the sale of bonds as provided in this section and in anticipation of the sale and 919 issuance of said bonds, the mayor and council may borrow money and issue notes of the city for the 920 purpose and to the extent of the amount of bonds authorized to be sold, less the amount of any bonds 921 theretofore issued under such authority. The said borrowing shall be authorized by a resolution of 922 the council which shall have the affirmative vote of three-fourths of the members thereof and the 923 approval of the mayor, and the note or notes thereby authorized shall be signed by the mayor and 924 treasurer of the city. When issued and signed in accordance with this subsection (f), the faith and 925 credit of the city shall be deemed to be pledged for the repayment of all said notes, except those 926 issued pursuant to subsection (e) hereof. 927 The note or notes issued in anticipation of a bond issue may be renewed from time to time, but the 928 proceeds of the sale of such bonds shall, to the extent necessary, be first used to pay and retire such 929 notes. Said notes may be redeemed at par and accrued interest at any time prior to their maturity if 930 the right so to do shall have been reserved. 931 (g) For the purposes of the debt limitations prescribed in this section, (i) any bonds which have been 932 refunded pursuant to subsection (c)(ii) shall be treated as no longer outstanding; and (ii) bonded 933 indebtedness, principal amount of bonds and bonds outstanding shall be determined without regard 934 to original issue discount.

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 26 935 77 Del. Laws, c. 130, § 23; 78 Del. Laws, c. 225, § 1; 936 ARTICLE V. MISCELLANEOUS PROVISIONS 937 Sec. 51. Trees. 938 Trees being among the chief beauties of the city, and their preservation requiring that they be treated with 939 special care and intelligence, the city manager is empowered to appropriate annually an amount of money 940 adequate for their care and preservation. The City Manager may be given authority to take necessary or 941 appropriate action to prevent injuries to trees from electric wires or from any other source or cause 942 whatsoever, and to combat the pests and diseases to which they are subject, and when necessary to employ 943 tree experts provided that they do not exceed the appropriation made by the council. 944 Sec. 52. This section intentionally left blank. 945 Sec. 53. Police; mayor to be conservator of peace. 946 There shall be a city police force, the number thereof and their salaries shall be determined by the council, 947 but they shall be chosen and appointed by the mayor. The mayor is hereby vested with all the powers of a 948 conservator of the peace within the city limits. The Mayor shall appoint a Chief of Police subject to removal 949 at any time by the Mayor in accordance with applicable laws. The members of the police force shall be 950 subject to his/her direction and orders delivered through the proper chain of command and in accordance 951 with applicable laws and ordinances. They shall preserve peace and order, and compel obedience within the 952 city limits to the ordinances of the city and the laws of the state. They shall have such other duties as the 953 council and the mayor shall prescribe by ordinance. 954 Each member of the police force shall be vested with all the power and authority within the city limits and 955 within one mile outside of said limits, (and, in the case of the pursuit of an offender, without limit) of a 956 constable of Kent County. 957 Sec. 54. City solicitor. 958 At the annual meeting the The council shall elect appoint a city solicitor for the term of one year or to 959 hold office until his/her successor has been duly chosen and qualified. 960 The city solicitor may be removed during his/her term by a vote of three-fourths of the members elected to 961 the council. 962 The city solicitor shall be an attorney at law who shall have practiced in the State of Delaware for at least 963 five (5) years. The City solicitor shall be the chief legal adviser of and attorney for the city. It shall be his/her 964 duty, either personally or by such assistants as they may designate, to attend meetings of the council; to give 965 advice in writing, when so requested, to the council or the city manager; to prosecute or defend, as the case 966 may be, all suits or cases to which the city may be a party; to prosecute for all offenses against the ordinances 967 of the city and for such offenses against the laws of the state as may be required of him/her by law; to 968 prepare all contracts, bonds and other instruments in writing in which the city is concerned, and to endorse 969 on each his/her approval of the form and correctness thereof; and to perform such other duties of a legal 970 nature as the council may by ordinance require. In addition to the duties imposed upon the solicitor by this 971 Charter or required of him/her by ordinance or resolution of the council he/she shall perform any duties

PROPOSED CHARTER AMENDMENTS - NOVEMBER 15, 2016 CCW/LF&A COMMITTEE MEETING PAGE 27 972 imposed upon the chief legal officers of municipalities by law. 973 At the annual meeting the The council shall elect appoint a deputy city solicitor for the term of one year 974 or to hold office until his/her successor has been duly chosen and qualified. 975 The deputy city solicitor may be removed during his/her term by a vote of three-fourths of the 976 members elected to the council. 977 The deputy city solicitor shall be an attorney-at-law entitled to practice law in the State of Delaware, and 978 shall serve in such manner as shall be determined by the city solicitor to be necessary and proper. 979 Sec. 55. Printed copies of ordinances and resolutions to be proper evidence. 980 Printed copies of the ordinances and resolutions of the City Council of Dover, published by authority of the 981 council, shall be admitted as evidence thereof in all courts, and in pleading it shall not be necessary to recite 982 or draw them out at large. 983 Sec. 56. Repeal of prior acts. 984 All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter are hereby 985 repealed. 986 Sec. 57. Severability. 987 If any part of this Charter, as it may from time to time be amended, are held to be unconstitutional, such 988 holding shall not be deemed to invalidate the remaining portions of this Charter or amendments thereto." 989 Approved March 23, 1931. 990 36 Del. Laws, c. 158; 37 Del. Laws, c. 150; 37 Del. Laws, c. 151; 37 Del. Laws, c. 152; 38 Del. Laws, c. 99; 991 40 Del. Laws, c. 159; 46 Del. Laws, c. 1; 46 Del. Laws, c. 275; 46 Del. Laws, c. 283; 47 Del. Laws, c. 219; 992 47 Del. Laws, c. 313; 47 Del. Laws, c. 314; 47 Del. Laws, c. 330; 48 Del. Laws, c. 323; 48 Del. Laws, c. 993 334; 48 Del. Laws, c. 336; 49 Del. Laws, c. 314; 49 Del. Laws, c. 318; 51 Del. Laws, c. 92; 51 Del. Laws, 994 c. 93; 52 Del. Laws, c. 112; 52 Del. Laws, c. 136; 54 Del. Laws, c. 96; 54 Del. Laws, c. 165; 56 Del. Laws, 995 c. 49; 59 Del. Laws, c. 98; 59 Del. Laws, c. 165; 60 Del. Laws, c. 301; 60 Del. Laws, c. 311; 60 Del. Laws, 996 c. 456; 61 Del. Laws, c. 147; 62 Del. Laws, c. 100; 64 Del. Laws, c. 5; 64 Del. Laws, c. 143; 65 Del. Laws, 997 c. 28; 65 Del. Laws, c. 479; 66 Del. Laws, c. 63; 66 Del. Laws, c. 180; 66 Del. Laws, c. 361; 66 Del. Laws, 998 c. 365; 67 Del. Laws, c. 7; 68 Del. Laws, c. 16; 68 Del. Laws, c. 18; 68 Del. Laws, c. 20; 68 Del. Laws, c. 999 339; 69 Del. Laws, c. 9; 69 Del. Laws, c. 31; 71 Del. Laws, c. 64; 72 Del. Laws, c. 277; 73 Del. Laws, c. 1000 114; 73 Del. Laws, c. 284; 75 Del. Laws, c. 175; 76 Del. Laws, c. 119; 77 Del. Laws, c. 130; 78 Del. Laws, 1001 c. 213; 78 Del. Laws, c. 217; 78 Del. Laws, c. 225, § 1; 79 Del. Laws, c. 105, § 1; 79 Del. Laws, c. 106, § 1002 1; 1003 S:\CHARTER AND CODE AMENDMENTS-WORKING FILES 2016\CHARTER AMENDMENTS 2016\Proposed Charter 1004 Amendments - 11-15-2016 CCW-LF&A.wpd