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Paj 1
COUNCIL COMMITTEE OF THE WHOLE
AGENDA
JANUARY 10, 2017 - 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 #2017-01 AMENDING CHAPTER 70 - OFFENSES AND MISCELLANEOUS
PROVISIONS AND APPENDIX F - FEES AND FINES (DISORDERLY PREMISES) (SPONSORS: SLAVIN AND
SUDLER)
2. ADJOURNMENT OF PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING
UTILITY COMMITTEE
AGENDA ADDITIONS/DELETIONS
1. DEDICATION OF RIGHTS-OF-WAY AND PUBLIC INFRASTRUCTURE - EMERALD POINTE
(STAFF RECOMMENDS ACCEPTANCE OF DEDICATION OF RIGHTS-OF-WAY AND PUBLIC
INFRASTRUCTURE OF THE EMERALD POINTE SUBDIVISION. DEDICATION IS TO INCLUDE ALL OF THE
REFERENCED PUBLIC IMPROVEMENTS.)
2. ADJOURNMENT OF UTILITY COMMITTEE MEETING
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
AGENDA ADDITIONS/DELETIONS
1. PROPERTY TAX CREDIT REQUEST - ROUTE 8 (NEW DEVELOPMENT)
(STAFF RECOMMENDS AUTHORIZING THE CITY MANAGER TO EXECUTE A TAX CREDIT AGREEMENT
FOR THE PURPOSE OF RESERVING AREA FOR A FUTURE SERVICE ROAD ACROSS THE PROPERTIES
LOCATED AT 1116-1128 FORREST AVENUE)
Paj 2
COUNCIL COMMITTEE OF THE WHOLE AGENDA - JANUARY 10, 2017 Page 2
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE (CONTINUED)
2. PROJECT CARRY-FORWARD BUDGET BALANCES/PROPOSED ORDINANCE #2017-04 - BUDGET
AMENDMENTS
(STAFF RECOMMENDS APPROVAL OF THE PROPOSED BUDGET AMENDMENTS FOR FISCAL YEAR 2017
AND ADOPTION OF PROPOSED ORDINANCE #2017-04)
3. CONSIDERATION OF COST OF LIVING ALLOWANCE (COLA) FOR GENERAL PENSION PLAN RETIREES
(STAFF RECOMMENDS AUTHORIZATION TO EXPEND APPROXIMATELY $1,000 TO ANALYZE THE
FINANCIAL IMPACT FOR THREE (3) DIFFERENT COLA AMOUNTS: 1%, 1.5% AND 2.0%. THE ANALYSIS
WILL BE COMPLETED BY NYHART. THESE EXPENSES WILL BE CHARGED AGAINST THE PENSION FUND
ASSETS. CITY COUNCIL WOULD HAVE TO AUTHORIZE ANY COLA BEFORE ONE COULD BE
IMPLEMENTED.)
4. PROPOSED TIME CHANGE FOR OPEN FORUM
5. PROPOSED ORDINANCES
A. #2017-02 AMENDING CHAPTER 2 - ADMINISTRATION, ARTICLE V - FINANCE, SECTION 2-422 -
DISPOSAL OF EXCESS PROPERTY (SPONSORS: NEIL, KOENIG, AND MCDOWELL)
B. #2017-03 AMENDING CHAPTER 2 - ADMINISTRATION, ARTICLE IV - OFFICERS AND EMPLOYEES,
DIVISION 7 - GENERAL EMPLOYEE PENSION PLAN AND DIVISION 8 - DEFERRED COMPENSATION
PLAN; AND ARTICLE VI - OTHER POST-EMPLOYMENT BENEFITS FUND AND CREATING
CHAPTER 80 - PERSONNEL (SPONSORS: COLE, HOSFELT, AND HUTCHISON)
6. 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\2017\01-10-2017 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.
Paj 3
CITY OF DOVER PROPOSED ORDINANCE #2017-01
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 70 - Offenses and Miscellaneous Provisions of the Dover Code be amended by inserting a new
4 Section 70-8. - Disorderly Premises, as follows:
5 Sec. 70-8. - Disorderly premises.
6 (a) Disturbing activity. It shall be unlawful for any owner, owner's agent, manager, caretaker or person
7 occupying a premises to allow, suffer or permit in any residence or upon any premises occupied by
8 himself or herself any conduct which causes public inconvenience, annoyance, alarm to a reasonable
9 person, or disrupts the quiet and good order of adjoining and surrounding properties including, but
10 not limited to, engaging in fighting or in violent, tumultuous, or threatening behavior, making
11 unreasonable noise or an offensively coarse utterance, gesture or display or addressing abusive
12 language to any person present, obstructing vehicular traffic or pedestrian traffic, or creating a
13 hazardous or physically offensive condition which serves no legitimate purpose. Any person who
14 fails to obey the order of a Police Officer to dispel and disperse or otherwise discontinue the
15 disturbing activity may be cited for an additional violation of this Section.
16 (b) Tenant-occupied premises. In the event that the owner, owner's agent, manager or caretaker of a
17 house, dwelling, or premises where the violation of Subsection (a) hereof has occurred does not
18 occupy or reside at the property, such individual shall be presumed to have allowed, suffered or
19 permitted such conduct if after service of notice that such conduct has occurred, a further violation
20 of Subsection (a) occurs within one hundred eighty (180) days of the service of said notice. The
21 owner, owner's agent, manager or caretaker of a house, dwelling, or premises shall then be in
22 violation of this section.
23 (c) Service of notice. Notice is properly served upon person if a copy of such notice is personally; or
24 to the person's registered office; or by leaving such notice at the person's usual place of abode with
25 a person of suitable age and discretion who resides therein; or by certified mail addressed to the
26 person's last known address; or the mailing address of the owner of the subject premises as recorded
27 on the Kent County Assessment Records or the City of Dover Rental Permit or Business License
28 records. After service of notice, such owner, owner's agent, or manager or caretaker shall make a
29 good faith effort to develop a plan of action with the Dover Police Department to prevent further
30 violation of Subsection (a).
31 (d) Fines. Any person convicted of a violation of this Section shall be fined as provided for in
32 Appendix F - Fees and Fines. In any prosecution for an offense under this Section, it shall be an
33 affirmative defense, which must be proved by the preponderance of the evidence, that the occupant
34 has been evicted and is no longer on the premises, or if there is pending at the time of trial an
35 eviction action against the occupant of the premises which action is being pursued in good faith.
36 Otherwise the fines imposed under this Subsection shall not be suspended.
37 (e) Enforcement. This Section shall be enforced by the Police Department.
38 (f) Provisional order. Upon the issuance of three violations of Subsection (a) to a business within a
39 twelve-month period, the Police Department will notify the Department of Planning and Inspections.
Paj 4
Proposed Ordinance #2017-01 - Chapter 70 - Offenses and Miscellaneous Provisions Page 2
40 The Department of Planning and Inspections will issue a provisional order on the business license
41 in accordance with the provisions of Chapter 26 - Businesses, Article II. - Licenses, Section 26-59. -
42 Provisional Order Generally of the Dover Code.
43 BE IT FURTHER ORDAINED:
44 That Appendix F - Fees and Fines of the Dover Code be amended by inserting the bold, blue text, as follows:
45 Chapter 70. Offenses and Miscellaneous Provisions Fees and Fines
46 Sec. 70-1. Combative fighting
Not to exceed $1,000.00. Separate fines may
be issued to the promoter of such an event,
47 Subsec. (d)(1) Violations; penalties, fines
participants in such an event, and the owner
of the premises of such an event
48 Sec. 70-2. Weapons generally
Not less than $500.00, nor more than
49 (e)(1) Penalties; fines
$1,000.00
50 Sec. 70-7. Registered sexual offenders
$500.00 for any offense; each day shall
51 Subsec. (f) Penalties
constitute a separate offense
Not to exceed $1,000.00 for any offense
but not less than $100.00 for the first
52 Sec. 70-8. Disorderly premises offense, not less than $300.00 for the
second offense, and not less than $500.00
for each subsequent like offense.
53 (Ord. No. 2015-15, 10-26-2015 )
54 ADOPTED: *
55 S:\ORDINANCES\2017\DRAFT\ORDINANCE #2017-01 CHP 70 - OFFENSES AND MISCELLANEOUS PROVISIONS - DISORDERLY PREMISES\Ordinance #2017-01 Ch 70 - Offenses and Miscellaneous
56 Provisions (Disorderly Premises).wpd
57 SYNOPSIS
58 The proposed amendments create a new Section 70-8, Disorderly Premises, under Chapter
59 70 - Offenses and Miscellaneous Provisions.
60 (SPONSORS: SLAVIN AND SUDLER)
61 Actions History (Most recent first)
62 01/10/2017 - Scheduled for Introduction - Council Committee of the Whole/Parks, Recreation, and Community Enhancement
63 Committee
Paj 5
ACTION FORM
PROCEEDING: Utility Committee AGENDA ITEM:
DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 12-16-16
PREPARED BY: Sharon J. Duca, P.E., Public Works Director I City Engineer
SUBJECT: Dedication of Rights-of-Way and Public Infrastructure- Emerald Pointe
REFERENCE: N/A
RELATED PROJECT: N/A
APPROVALS: City Manager
EXHIBITS: Attachment A- List of Public Improvements to be accepted by the City of Dover
Attachment B- Map
EXPENDITURE REQUIRED: ~ AMOUNT BUDGETED: ~
FUNDING SOURCE {Dept./Page in CIP & Budget): ~
TIMETABLE: All infrastructure improvements will become the responsibility of the City of Dover upon action
by City Council.
RECOMMENDED ACTION: Acceptance of dedication of rights-of-way and public infrastructure of the Emerald
Pointe Subdivision. Dedication is to include all of the referenced public improvements.
BACKGROUND AND ANALYSIS
The City of Dover Department of Public Works requests that all public infrastructure improvements related to
the Emerald Pointe Subdivision be dedicated to the City of Dover for permanent ownership and maintenance.
Attachment A outlines all of the public improvements associated with the subdivision. The total construction
value of the public improvements is $1,458,660.13. Attachment B shows the general location and
configuration of the subject rights-of-way. After construction was completed, City staff inspected the public
improvements and developed a list of repairs to be made to meet the City of Dover Standards and
Specifications for Public Works Construction. As of this date, all work required by the Public Works Director
has been completed. Staff has been monitoring an irregularity with a small portion of the sanitary sewer
infrastructure for approximately four (4) year and the performance of this portion is acceptable to the City
Manager; therefore, no repairs to the system are recommended as part of this dedication. Since staff has
been monitoring the performance of the infrastructure related to this development for longer than the normal
maintenance period (approximately four (4) years versus one {1) year), a one {1) year Maintenance Agreement
will not be required. A Release of Liabilities will be submitted as part of the dedication process. Required as-
built drawings of the infrastructure as well as videos of the sanitary sewer mains have been provided to staff.
Note: City Council voted to abandon the stub portion of Topaz Circle (south of Aquamarine Court) in 2016.
The removal ofthe curbing and paving in this area will be completed in 2017.
Paj 6
DEDICATION OF RIGHTS-OF-WAY AND PUBLIC INFRASTURCTURE
EMERALD POINTE
ATTACHMENT A
The following is a list of all public improvements which are to be accepted by the City of Dover:
Sewer Utility Infrastructure (Construction Value= $669,519):
8" SDR-35 PVC Sanitary Sewer Main 6,411 l.f.
6" PVC Sanitary Sewer Laterals 3,210 l.f. (107 laterals)
4 1 Diameter Sanitary Sewer Manholes 27 ea. (259 v.f.)
Smith & Loveless 4B2C Pump Station 1 ea.
4" PVC Sanitary Sewer Force Main 8091.f.
Water Utility Infrastructure (Construction Value= $183,008):
8" Ductile Iron (Class 52 Cement Lined) Water Main 6,3651.f.
6" Ductile Iron (Class 52 Cement Lined) Water Main 224 l.f.
1" Polyethylene Water Service Lines 3,330 I. f. (107 services)
8" Gate Valve 2 ea.
6" Hydrant Valve 8 ea.
Fire Hydrants 8ea.
Storm Water Infrastructure (Construction Value= $387,216.13):
Catch Basins (Street) 43 ea.
Catch Basins (Yard Inlet) 12 ea.
4 1 Diameter Storm Sewer Manholes 4ea.
29"x45" HDPE Pipe 1511.f.
42" HDPE Pipe 137 l.f.
36" HDPE Pipe 766 l.f.
30" HDPE Pipe 635 l.f.
24" HDPE Pipe 973 l.f.
21" HDPE Pipe 122 l.f.
18" HDPE Pipe 465 l.f.
15" HDPE Pipe 537 l.f.
29"x45" Type Ill Reinforced Concrete Pipe 30 l.f.
36" Type Ill Reinforced Concrete Pipe 30 l.f.
30" Type Ill Reinforced Concrete Pipe 614 l.f.
24" Type Ill Reinforced Concrete Pipe 3911.f.
21" Type Ill Reinforced Concrete Pipe 240 l.f.
18" Type Ill Reinforced Concrete Pipe 86 l.f.
15" Type Ill Reinforced Concrete Pipe 2,4651.f.
Flared End Sections (Concrete) 5 ea.
Street Infrastructure (0.9265 miles) (Construction Value= $218,917):
Topaz Circle Station 0+00 to Station 37+70 3,770 l.f.
Gemstone Boulevard Station 0+00 to Station 4+ 70 470 l.f.
Mineral Court Station 0+00 to Station 2+41 2411.f.
Tanzanite Court Station 0+00 to Station 2+13 2131.f.
Aquamarine Court Station 0+00 to Station 1+98 198 l.f.
Paj 7
Attachment B
E1nerald Pointe
Right of Ways to be Dedicated to the City of Dover
0 125 250 500 Feet
Date Printed: December 16 , 2016
N Legend
A
File: m:\gis_data\projects\tech_mxds Name
~ason_lyon_maps\caf_maps
\caf_emerald_pointe - Area to be Dedicated
Department: Public Works GIS
City of Dover, Delaware
CJ Dover Parcels
Paj 8
ACTION FORM
PROCEEDING: Legislative, Finance, and Administration Committee
DEPARTMENT OF ORIGIN: City Manager's Office DATE SUBMITTED: 12/29/2016
PREPARED BY: Scott D. Koenig, P.E., ICMA-CM, City Manager
SUBJECT: Property Tax Credit Request- Route 8 (New Development)
REFERENCE: N/A
RELATED PROJECT: Route 8 Study
APPROVALS: Scott D. Koenig, City Manager
EXHffiiTS: Attachment A- Map of Area
EXPENDITURE REQUIRED: $N/A
AMOUNT BUDGETED: $N/A
FUNDING SOURCE (Dept./Page in CIP & Budget): $ N/A
TIMETABLE: Upon City Council authorization.
RECOMMENDED ACTION: Staff recommends authorizing the City Manager to execute a tax credit agreement for the
purpose of reserving area for a future service road across the properties located at 1116-1128 Forrest Avenue.
BACKGROUND AND ANALYSIS
Staff has been working with the developer efland on the south side of Route 8 across from the Modern Maturity Center.
The developer, Franchise Management Services, Inc. c/o Mr. Nick Nastazos, is proposing to build a new Dunkin Donuts
facility as well as other commercial space on the property located at 1116-1128 Forrest Avenue. The Route 8 Study
envisioned a service road across the rear of this parcel which would connect with the existing traffic light at the Modern
Maturity Center and travel east toward the Gateway West Shopping Center. The developer is willing to work with the
City of Dover to reserve this service road possibility through the development of the site; however, the developer has
requested consideration of a tax credit for the land to be reserved for the service road.
The concept would work as follows: Assume the land to be developed is approximately five (5) acres in total size. The
area needed for the proposed service road equates to 1.5 acres of land. Instead of paying City of Dover property taxes on
the entire five (5) acres, the developer would only pay property taxes on 3.5 acres of land. This tax credit is only for the
land. The developer would pay full property taxes for all buildings and other improvements on the land. The proposed
property tax agreement would be for a twenty (20) year term. If the service road is actually constructed across the
property to public road standards, then the right-of-way for the service road as well as the improvements associated with
the road would be dedicated to the City of Dover. A formal agreement will be drafted for signature by the developer and
the City.
This concept allows the City to preserve the service road concept across the development parcel without disrupting the
development process. Staff requests authorization to execute a tax credit agreement using the described concept for this
development.
Paj 9
Attachment A
1128 Forrest Avenue
1164
1165
1166
1157 Ct
1168
1170 101
1172 1171
1159
1163 25
11718180 1177
1173 1161
23 1121 Afton
1210
21
1035
1179 gton Dr s Ct 19
1182 m
in Ada
1184 e Wash
17
rg
Ge o
Forrest Ave
4
1156 1040
5
1188 1148
12 1140 1116 1076
1124
1126
15
20 1100
1145
Area to be
Bennington St
1153
28 25 1137
Developed
1200 36 Woodstoc k C t
1129
44 43 1154 1146
1221
1215 1209 1179 3
7 1128
11
6
7
11
N Farmview Dr 1030
1
116
1214 1208 1202 1170 1110
1155
1213 1207 1201 1171 1156
S Farmview Dr 11
6 2
11
1212 6
1206 1200 8
1180 1174
1
155
Digital Aerial Solutions, LLC
0 105 210 420 Feet
¯
Date Printed: January 5, 2017
File: m:\gis_data\projects\tech_mxds Legend
\jason_lyon_maps\caf_maps
\caf_1128_forrest_ave Area to be Developed
Department: Public Works GIS
City of Dover, Delaware Dover Parcels
Paj 10
ACTION FORM
PROCEEDING: Council Committee of the Whole
DEPARTMENT OF ORIGIN: Finance DATE SUBMITTED: 01/10/2017
PREPARED BY: Donna Mitchell, Controller/Treasurer
SUBJECT: Project Carry-Forward Budget Balances & Proposed Budget Amendments
REVIEWED BY: City Manager & Controller/Treasurer
APPROVALS: Council Committee of the Whole
EXHIBITS: Exhibit A – Capital Investment Plan Amendments
EXPENDITURE REQUIRED: As per the attached Exhibit & Draft Ordinance
AMOUNT BUDGETED: N/A
TIMETABLE: Upon Council approval
RECOMMENDED ACTION:
Staff recommends approval of the proposed Budget Amendments for Fiscal Year 2017.
The proposed budget amendment includes adjustments to the Beginning Budget Balances for all funds
and Capital Project budgets (see Exhibit A). It also includes any adjustments related to Council Actions
taken to date on changes in project budgets or operating items that were not included in the original
budget.
Financial Policy transfers of favorable carry forward balances are as follows –
The General Fund includes a transfer to the Capital Asset Reserve of $253,400 attributed to favorable
revenues and after a reduction of $485,000 for the purchase/demolition of Water Street properties.
Personnel favorability in FY16 is included to be transferred to the OPEB Trust in the amounts of
$101,800 for Water/Wastewater and $109,300 for Electric. The General Fund had approximately
$330,000 of personnel favorability; however, these funds were needed to increase the Reserve for
Uncollectible Accounts and the Customer Service & Library (Passport) staff increases as approved by
City Council.
The transfer to the Contingency Reserve in the Water Utility was increased from $110,000 to
$131,100 to bring it in line with the financial policy of a minimum balance of $250,000.
The Electric Rate Stabilization Reserve has been increased by $6 million due to favorable power
supply cost. This favorability was allocated as $2 million each to the Rate Stabilization Reserve, the
Future Capacity Reserve, and the Depreciation Reserve (all policy compliant). Transfers to the capital
reserves are intended to assist with the financing of advanced metering infrastructure/technology,
DAFB substation, and potential projects as required by the Integrated Resource Plan.
Additional adjustments are as follows –
No projected revenue increases are being projected at this time as we are holding off until the analyses
and completion of the Quarterly Revenue Report. There are a couple of revenue changes in the
Capital Funds for sales of assets and insurance proceeds that help offset cost of vehicles.
Increases are incorporated for the Customer Service & Library Divisions per Council approvals.
Corresponding changes to the Interfund Service Receipts/Charges are also reflected.
pg. 1
Paj 11
Action Form 1/10/2017 - CCW
Proposed Budget Amendments
Increases to Division budgets for vacation sell-back, retirement payout, and education assistance with
a corresponding decrease to Other Employment Expenses across all applicable funds.
Power supply was reduced by $65,000 to cover higher than expected insurance premiums on the
generation assets at the McKee Plant due to higher asset replacement cost. The power supply
management fee was lowered in the most recent contract, so the funds were available to cover the
increased premium.
Project balances are carried over from last fiscal year as reflected in the Capital Investment Plan
Amendments Schedule (Exhibit A – page preceding Draft Ordinance) with the additional adjustments
to the FY17 Budgets as follows:
o The General Fund Transfer-In and the corresponding capital expenditure in the City
Manager’s budget was increased by the $485,000 for the purchase/demolition of the Water
Street properties (as also explained above).
o Additional increases to the General Capital Investments are included for a glass door/wall in
the Library to partition off and reduce the noise level in the small theater $15,000.
o Due to a high level of emergency repairs needed for infrastructures failures in storm water,
water, and wastewater utilities we have increased the Emergency Repair capital budgets by
$48,000 General Fund CIP, $5,000 Water CIP, and $225,000 Wastewater CIP.
o The Electric CIP budget is being increased by $170,000 to move overhead distribution lines
to underground distribution lines on the North Street Project, along with an increase of
$23,000 for unexpected capital improvements (HVAC & Door) at Weyandt Hall.
o The Water, Wastewater & Electric Utilities CIP have all been increased $50,000 each for
economic development applications as approved by Council.
o Grant Funds have been adjusted to reflect new programs and/or adjustments to current
grants.
pg. 2
Paj 12
Exhibit A
City of Dover
Fiscal Year 2016/2017 Budget
First Amendment
Capital Investment Plan Amendments
Fiscal Year 2016
Original Revised Prior Carry FY 2017 Revised
CIP CIP Fiscal Year Forward Year FY 17 CIP
Project # Title Budget Budget Expenses Balance Budget Budget
Grounds 3/4 Ton Truck with Dump Body $ 33,000 $ 34,200 $ - $ 34,200 $ - $ 34,200
Grounds 1990 Chevy Chipper Box Dump Truck w/ Lift Gate 61,900 61,400 - 61,400 - 61,400
CM 1998 Ford Explorer 32,800 17,800 - 17,800 - 17,800
Streets 1 Ton Truck with Dump 45,000 46,000 - 46,000 - 46,000
ST1504 Old PW2 Site Improvements 330,000 497,400 390,700 106,700 - 106,700
ST1601 Street and Alley Program 1,000,000 933,100 471,400 461,700 - 461,700
ST1603 Silver Lake Dam Valve Replacement 60,000 84,600 3,700 80,900 13,000 93,900
ST1701 FY17 Street and Alley Program - (13,000) (13,000)
ST1604 Salt Storage Barn 75,000 75,000 12,600 62,400 - 62,400
CT1669 Persimmon Park Place Drainage - - 13,700 10,900 - 10,900
Street Division $ 1,637,700 $ 1,749,500 $ 892,100 $ 882,000 $ - $ 882,000
Total General Capital Project Fund $ 1,637,700 $ 1,749,500 $ 892,100 $ 882,000 $ - $ 882,000
Total Increase in General Cap Proj Fund $ 882,000
CT1627 FY16 Paving Projects $ 247,400 $ 247,400 $ 139,800 $ 107,600 $ - $ 107,600
CT1681 Pedestrain Enhancement - Mallard Pond Pathway 50,000 100,000 - 50,000 50,000 100,000
CT0708 E Water Street Brick 65,000 85,000 1,000 64,000 20,000 84,000
ST0232 Pat Lynn Drive/D.H.S. Storm Drain Pipe 5,500 5,500 - 5,500 - 5,500
TE0601 TCSP Lincoln Park 79,100 79,100 - 79,100 - 79,100
Total Community Transportation Fund $ 447,000 $ 517,000 $ 140,800 $ 306,200 $ 70,000 $ 376,200
Total Increase in Comm Transportation Fund $ 306,200
1 Ton Truck with Dump $ 46,200 $ 46,100 $ - $ 46,100 $ - $ 46,100
WD0804 1.0 MG Storage Tank - Denney's Road 2,468,200 2,468,200 - 2,468,200 - 2,468,200
Water Division $ 2,514,400 $ 2,514,300 $ - $ 2,514,300 $ 70,000 $ 2,514,300
Total Increase in Water Division $ 2,514,300
WW1303 Westover Pump Station Upgrade $ 1,292,400 $ 1,345,900 $ 752,900 $ 593,000 $ - $ 593,000
WW1503 Hazzlettville Road Interceptor - 774,100 155,200 618,900 - 618,900
WW1507 Retreat Pump Station Replacement 360,500 447,700 200 447,500 - 447,500
WW1603 Rolling Acres Pump Station Replacement 52,000 52,000 27,900 24,100 372,000 396,100
WW1605 DE Avenue Sanitary Sewer Ext 25,000 25,000 - 25,000 8,000 33,000
II1700 Inflow/Infiltration Removal - - - - (8,000) (8,000)
Wastewater Division $ 1,729,900 $ 2,644,700 $ 936,200 $ 1,708,500 $ 372,000 $ 2,080,500
Total Increase in Wastewater Division $ 1,708,500
Total Water/Wastewater I & E Fund $ 4,244,300 $ 5,159,000 $ 936,200 $ 4,222,800 $ 442,000 $ 4,594,800
Total Increase in Water/Wastewater I & E Fund $ 4,222,800
EG1407 Metering System Upgrades $ - $ 80,000 $ - $ 80,000 $ 10,000 $ 90,000
EG1416 VanSant Capacity Increase 492,200 492,200 221,300 270,900 (10,000) 260,900
EG1612 VanSant Exhaust Plenum Repair 469,000 469,000 422,700 46,300 - 46,300
EG1613 Unit 3 Stack Repairs 485,000 485,000 2,600 340,000 - 340,000
Electric Generation $ 1,446,200 $ 1,526,200 $ 646,600 $ 737,200 $ - $ 737,200
Total Increase in Electric Generation $ 737,200
EE1415 Metering Infrastructure $ - $ 150,000 $ - $ 150,000 $ - $ 150,000
Transmission & Distribution $ - $ 150,000 $ - $ 150,000 $ - $ 150,000
Total Increase in Transmission & Distribution $ 150,000
EE1500 69 KV Rebuild - Horsepond Road $ 63,000 $ 318,500 $ 67,900 $ 250,600 $ - $ 250,600
EE1605 69KV Cable Replacement - North Street 50,000 135,000 - 135,000 - 135,000
EE1607 Horsepond URD - Dist Feeder 67,000 112,000 49,500 62,500 - 62,500
EE1617 Oak Grove Trailer Park 78,500 78,500 1,100 77,400 - 77,400
EE1627 Dover East 130,000 130,000 4,500 125,500 - 125,500
Engineering Division $ 388,500 $ 774,000 $ 123,000 $ 651,000 $ - $ 651,000
Total Increase in Engineering $ 651,000
2016 Dodge Ram 1500 $ 23,000 $ 23,000 $ - $ 23,000 $ - $ 23,000
Metering Division $ 23,000 $ 23,000 $ - $ 23,000 $ - $ 23,000
Total Increase in Metering $ 23,000
Total Electric I & E Fund $ 1,857,700 $ 2,473,200 $ 769,600 $ 1,561,200 $ - $ 1,561,200
Total Increase in Electric I & E Fund $ 1,561,200
Total Carryforward balances from FY 2016 $ 6,972,200
Paj 13
CITY OF DOVER ORDINANCE #2017-04
2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
2 The amount hereinafter named aggregating Forty Seven Million Seven Hundred Twenty Eight Thousand Nine
3 Hundred dollars ($47,728,900) or so much thereof as may be necessary are hereby appropriated from
4 current revenues and other funds for the use by several departments of the Municipal Government
5 for the fiscal year beginning July 1, 2016 and ending June 30, 2017:
6 GENERAL FUND
7 CASH RECEIPT SUMMARY FOR 2016-2017
8 2016/17 2016/17
9 BUDGET REVISED
10 BEGINNING BALANCE $ 4,493,900 $ 5,424,800
D
11
12
13
14
15
16
17
18
RECEIPTS
FINES AND POLICE REVENUE
INVESTMENT INCOME
LIBRARY REVENUES
KENT COUNTY BOOK REIMBURSEMENT
BUSINESS LICENSES
PERMITS AND OTHER FEES
MISCELLANEOUS CHARGES
763,300
90,000
70,300
312,600
1,467,000
1,662,100
56,800
763,300
90,000
70,300
312,600
1,467,000
1,662,100
56,800
19
20
21
22
23
24
25
26
27
R
POLICE EXTRA DUTY
PROPERTY TAXES
RECREATION REVENUE
FRANCHISE FEE
SANITATION FEES
RENT REVENUE - GARRISON FARM
COURT OF CHANCERY FEES
RECEIPTS SUBTOTAL
INTERFUND SERVICE RECEIPTS
525,000
12,895,100
150,000
680,000
2,538,300
94,500
1,100,000
22,405,000
525,000
12,895,100
150,000
680,000
2,538,300
94,500
1,100,000
22,405,000
AF
28 INTERFUND SERVICE RECEIPTS W/WW 1,653,800 1,673,400
29 INTERFUND SERVICE RECEIPTS ELECTRIC 3,564,900 3,625,900
30 INTERFUND SERVICE RECEIPTS SUBTOTAL 5,218,700 5,299,300
31 GRANTS:
32 POLICE RELATED/EXTRA DUTY 258,600 258,600
33 POLICE PENSION GRANT 500,000 500,000
34 GREEN ENERGY GRANT 98,500 98,500
35 MISC GRANT REVENUE 25,000 25,000
36 GRANTS SUBTOTAL 882,100 882,100
37 TRANSFERS FROM:
38 TRANSFER TAX 1,672,700 1,672,700
39 MUNICIPAL STREET AID 673,100 673,100
40 CIVIL TRAFFIC PENALTIES 496,900 496,900
41 WATER/WASTEWATER 875,000 875,000
42 ELECTRIC 10,000,000 10,000,000
43
44
45
TRANSFERS FROM SUBTOTAL
TOTAL REVENUES
TOTAL BEGINNING BALANCE & REVENUE T $
13,717,700
42,223,500
46,717,400 $
13,717,700
42,304,100
47,728,900
1
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46 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
47 GENERAL FUND - EXPENDITURES AND BUDGET BALANCE FOR 2016-2017
48 2016/17 2016/17
49 DEPARTMENT EXPENSES BUDGET REVISED
50 CITY CLERK $ 412,300 $ 415,900
51 COUNCIL 141,100 141,100
52 TAX ASSESSOR 244,000 247,200
53 FIRE 721,700 721,700
54 GROUNDS MAINTENANCE 1,201,300 1,210,000
55 LIBRARY 1,635,000 1,666,100
56 RECREATION 750,900 756,800
57 LIFE SAFETY 485,200 488,100
58 CODE ENFORCEMENT 421,100 423,800
59 PLANNING 546,800 552,400
60 INSPECTIONS 697,900 700,800
D
61
62
63
64
65
66
67
68
69
POLICE
POLICE EXTRA DUTY
STREETS
SANITATION
CITY MANAGER
INFORMATION TECHNOLOGY
FINANCE
PUBLIC WORKS - ADMINISTRATION
FACILITIES MANAGEMENT
16,091,600
783,600
1,163,500
2,032,800
792,400
716,300
1,011,100
680,000
607,100
16,236,900
804,500
1,165,800
2,036,000
796,100
719,700
1,017,200
682,100
610,100
70
71
72
73
74
75
76
77
78
RPUBLIC WORKS - ENGINEERING
PROCUREMENT & INVENTORY
FLEET MAINTENANCE
CUSTOMER SERVICE
HUMAN RESOURCES
MAYOR
DEPARTMENT SUBTOTALS
OTHER EXPENSES
DEBT SERVICE
207,000
585,100
776,300
1,143,800
392,500
74,000
34,314,400
685,300
207,000
585,100
777,400
1,263,900
400,900
74,000
34,700,600
685,300
AF
79 CONTRIBUTION TO DDP 150,000 150,000
80 MISCELLANEOUS GRANT RELATED EXP 25,000 25,000
81 INSURANCE 700,000 700,000
82 RETIREES HEALTH CARE 2,039,700 2,039,700
83 OTHER EMPLOYMENT EXPENSES 400,700 135,500
84 BANK & CREDIT CARD FEES 15,000 15,000
85 UNCOLLECTIBLES - TRASH AND OTHER 50,000 50,000
86 STREET LIGHTS 804,000 804,000
87 OTHER EXPENSE SUBTOTAL 4,869,700 4,604,500
88 TRANSFERS
89 TRANSFER TO CAPITAL FUND - PROJECTS 1,859,400 2,344,400
90 TRANSFER TO THE CAPITAL ASSET RESERVE - 253,400
91 APPROP. TO THE POLICE PENSION FUND 670,000 670,000
92 APPROP. POLICE PENSION - STATE GRANT 500,000 500,000
93 TRANSFER TO INVENTORY WRITE-OFFS 10,000 10,000
94
95
96
97
TRANSFERS SUBTOTAL
TOTAL EXPENDITURES
CURRENT YEAR BALANCE
TOTALS
T $
3,039,400
42,223,500
4,493,900
46,717,400
98 The City Manager is hereby authorized, without further approval of the City Council, to make
$
99 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
100 department with the exception of any transfers prohibited by City Procedure #F306.
101 ADOPTED:
3,777,800
43,082,900
4,646,000
47,728,900
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102 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
103 GOVERNMENTAL CAPITAL PROJECTS FUND
104 REVENUES AND BUDGET FOR 2016-2017
105
106 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
107 The amount hereinafter named aggregating Four Million Ninety Three Thousand Three Hundred dollars
108 ($4,093,300) or so much thereof as may be necessary are hereby appropriated from current revenues and other
109 funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2016
110 and ending June 30, 2017:
111 REVENUES
112 2016/17 2016/17
113 BUDGET REVISED
114 BEGINNING BALANCE - PROJECTS $ 383,900 $ 1,472,100
115 REVENUES
D
116
117
118
119
120
121
122
INCOME FROM SALE OF ASSETS
GRANT RECEIPTS
INTEREST EARNINGS
MISCELLANEOUS REVENUE
TRANSFER FROM GENERAL FUND
TRANSFER FROM PARKLAND RESERVE
SUBTOTAL PROJECT RECEIPTS
123 TOTAL FUNDING SOURCES
-
105,000
5,000
-
1,859,400
80,000
2,049,400
2,049,400
70,100
105,000
5,000
16,700
2,344,400
80,000
2,621,200
2,621,200
124 TOTAL BEGINNING BALANCE AND REVENUES
125
126
127
128
129
R
EXPENDITURES
FIRE
GROUNDS MAINTENANCE
EXPENSE SUMMARY
$
$
2,433,300
2016/17
BUDGET
145,700 $
58,200
$ 4,093,300
2016/17
REVISED
145,700
153,800
AF
130 LIFE SAFETY 29,500 29,500
131 LIBRARY - 15,000
132 POLICE 299,800 299,800
133 RECREATION 165,000 165,000
134 STREETS 1,026,000 1,842,600
135 CITY MANAGER - 502,800
136 SANITATION 261,500 261,500
137 FACILITIES MANAGEMENT 27,700 27,700
138 FLEET MAINTENANCE 31,000 31,000
139 DEPARTMENT SUBTOTAL 2,044,400 3,474,400
140 BUDGET BALANCE 388,900 618,900
141 TOTAL BUDGET BALANCE & EXPENDITURES $ 2,433,300 $ 4,093,300
142 The City Manager is hereby authorized, without further approval of the City Council, to make
143 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
144 department with the exception of any transfers prohibited by City Procedure #F306.
145 ADOPTED:
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3
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146 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
147 GENERAL FUND CONTINGENCY
148 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
149 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
150 The amount hereinafter named aggregating Seven Hundred Forty Two Thousand Nine Hundred dollars ($742,900)
151 or so much thereof as may be necessary are hereby appropriated from current revenues and other
152 funds for the use by several departments of the Municipal Government for the fiscal year
153 beginning July 1, 2016 and ending June 30, 2017:
154 CASH RECEIPTS
155 2016/17 2016/17
156 BUDGET REVISED
157 BEGINNING BALANCE $ 731,000 $ 732,900
158 INTEREST EARNED 10,000 10,000
159 TOTALS $ 741,000 $ 742,900
D
160
161
162
163 CARRY FORWARD TO NEXT YEAR
164 TOTALS
EXPENSE SUMMARY
$
2016/17
BUDGET
741,000
741,000
165 The City Manager is hereby authorized, without further approval of the City Council, to make
$
166 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
2016/17
REVISED
742,900
742,900
R
167 department with the exception of any transfers prohibited by City Procedure #F306.
168 ADOPTED:
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4
Paj 17
169 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
170 GENERAL CAPITAL ASSET RESERVE
171 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
172 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
173 The amount hereinafter named aggregating One Million Five Hundred Twenty Two Thousand Two Hundred
174 dollars ($1,522,200) or so much thereof as may be necessary are hereby appropriated from current
175 revenues and other funds for the use by several departments of the Municipal Government for the fiscal
176 year beginning July 1, 2016 and ending June 30, 2017:
177 CASH RECEIPTS
178 2016/17 2016/17
179 BUDGET REVISED
180 BEGINNING BALANCE $ 1,251,300 $ 1,253,800
181 RECEIPTS
182 INTEREST EARNINGS 15,000 15,000
D
183
184
185 TOTALS
186
187
188
TRANSFER FROM GENERAL FUND
TOTAL RECEIPTS
189 CARRY FORWARD TO NEXT YEAR
190 TOTALS
EXPENSE SUMMARY
$
$
$
-
15,000
1,266,300
2016/17
BUDGET
1,266,300 $
1,266,300
$
$
253,400
268,400
1,522,200
2016/17
REVISED
1,522,200
1,522,200
R
191 The City Manager is hereby authorized, without further approval of the City Council, to make
192 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
193 department with the exception of any transfers prohibited by City Procedure #F306.
194 ADOPTED:
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195 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
196 PARKLAND/RECREATION RESERVE
197 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
198 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
199 The amount hereinafter named aggregating Three Hundred Twenty Nine Thousand Four Hundred dollars
200 ($329,400) or so much thereof as may be necessary are hereby appropriated from current revenues and
201 other funds for the use by several departments of the Municipal Government for the fiscal year
202 beginning July 1, 2016 and ending June 30, 2017:
203 OPERATING REVENUES
204 2016/17 2016/17
205 BUDGET REVISED
206 PRIOR YEAR BALANCE $ 324,900 $ 326,400
207 INTEREST INCOME 3,000 3,000
208 TOTALS $ 327,900 $ 329,400
D
209
210
211
212 TRANSFER TO GENERAL CAPITAL PROJECT FUND
213 CURRENT YEAR BALANCE
214 TOTALS
OPERATING EXPENSES
$
2016/17
BUDGET
80,000
247,900
327,900 $
2016/17
REVISED
80,000
249,400
329,400
R
215 The City Manager is hereby authorized, without further approval of the City Council, to make
216 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
217 department with the exception of any transfers prohibited by City Procedure #F306.
218 ADOPTED:
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219 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
220 WATER/WASTEWATER FUND
221 REVENUES AND BUDGET FOR 2016-2017
222 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
223 The amount hereinafter named aggregating Seventeen Million Sixty Seven Thousand Seven Hundred
224 dollars ($17,067,700) or so much thereof as may be necessary are hereby appropriated from current
225 revenues and other funds for the use by several departments of the Municipal Government for the
226 fiscal year beginning July 1, 2016 and ending June 30, 2017:
227 2016/17 2016/17
228 BUDGET REVISED
229 BEGINNING BALANCE - WATER $ 566,500 $ 881,300
230 BEGINNING BALANCE - WASTEWATER 663,200 719,200
231 TOTAL BEGINNING BALANCES 1,229,700 1,600,500
232 BASE REVENUE
D
233
234
235
236
237
238
239
240
241
WATER SERVICES
WASTEWATER SERVICES
WASTEWATER TREATMENT SERVICES
GROUNDWATER INFLOW ADJUSTMENT
WATER TANK SPACE LEASING
SEWER IMPACT FEES
WATER IMPACT FEES
INTEREST - WATER
INTEREST - WASTEWATER
5,800,000
3,800,000
3,000,000
1,938,000
366,200
228,000
252,000
10,000
10,000
5,800,000
3,800,000
3,000,000
1,938,000
366,200
228,000
252,000
10,000
10,000
242
243
R
MISCELLANEOUS SERVICE FEE
TOTAL REVENUES
244 TOTAL BEGINNING BALANCES AND REVENUES $
63,000
15,467,200
16,696,900 $
63,000
15,467,200
17,067,700
AF T
7
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245 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
246 WATER/WASTEWATER FUND - EXPENSES AND BUDGET BALANCE FOR 2016-2017
247 2016/17 2016/17
248 DIRECT EXPENSES BUDGET REVISED
249 ENGINEERING & INSPECTION $ 516,500 $ 521,500
250 WATER DEPARTMENT 655,400 677,200
251 WASTEWATER DEPARTMENT 962,400 983,400
252 WATER TREATMENT PLANT 1,727,400 1,735,800
253 DIRECT EXPENDITURE SUBTOTAL 3,861,700 3,917,900
254 OTHER EXPENSES
255 DEBT SERVICE - WATER 590,300 590,300
256 DEBT SERVICE - WASTEWATER 636,900 636,900
257 RETIREES HEALTH CARE 192,400 192,400
258 OTHER EMPLOYMENT EXPENSES 21,200 5,000
259 OPEB UNFUNDED LIABILITY - 101,800
D
260
261
262
263
264
265
266
267
KENT COUNTY TREATMENT CHARGE
INTERFUND SERVICE FEES
BANK & CREDIT CARD FEES
BOND ISSUE COSTS
OTHER EXPENSES SUBTOTAL
TRANSFER TO:
GENERAL FUND FROM WATER
GENERAL FUND FROM WASTEWATER
4,130,000
1,653,800
25,000
40,000
7,289,600
500,000
375,000
4,130,000
1,673,400
25,000
40,000
7,394,800
500,000
375,000
268
269
270
271
272
273
275
276
R
WATER IMP AND EXT
WASTEWATER IMP AND EXT
CONTINGENCY RESERVE WATER
CONTINGENCY RESERVE WASTEWATER
ELECTRIC IMP AND EXT
TRANSFER TO SUBTOTAL
274 TOTAL EXPENSES
BUDGET BALANCES
BUDGET BALANCE WATER
1,000,000
1,000,000
110,000
60,000
231,200
3,276,200
14,427,500
1,103,100
980,000
980,000
131,100
60,000
231,200
3,257,300
14,570,000
1,331,500
AF
277 BUDGET BALANCE WASTEWATER 1,166,300 1,166,200
278 BUDGET BALANCE SUBTOTALS 2,269,400 2,497,700
279 TOTAL CURRENT YEAR BALANCES AND EXPENSES $ 16,696,900 $ 17,067,700
280 The City Manager is hereby authorized, without further approval of the City Council, to make
281 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
282 department with the exception of any transfers prohibited by City Procedure #F306.
283 ADOPTED:
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8
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284 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
285 WATER/WASTEWATER IMPROVEMENT & EXTENSION FUND
286 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
287 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
288 The amount hereinafter named aggregating Twelve Million Four Hundred Twenty Thousand Three Hundred
289 dollars ($12,420,300) or so much thereof as may be necessary are hereby appropriated from current revenues
290 and other funds for the use by several departments of the Municipal Government for the fiscal year
291 begining July 1, 2016 and ending June 30, 2017:
292 CASH RECEIPTS
293 2016/17 2016/17
294 BUDGET REVISED
295 BEGINNING BALANCE - WATER $ 1,179,900 $ 3,584,500
296 BEGINNING BALANCE - WASTEWATER 952,600 3,129,800
297 TOTAL BEGINNING BALANCES 2,132,500 6,714,300
D
298
299
300
301
302
303
304
305
REVENUES
STATE LOAN FUND - WATER
STATE LOAN FUND - WASTEWATER
TRANS FR OPERATING FUND - WATER
TRANS FR OPERATING FUND - WASTEWATER
TRANSFER FROM WATER IMPACT FEE
TRANSFER FROM WASTEWATER IMPACT FEE
INTEREST INCOME
2,400,000
884,000
1,000,000
1,000,000
190,800
211,200
20,000
2,400,000
884,000
1,000,000
1,000,000
190,800
211,200
20,000
306
308
309
310
311
312
313
R
TOTAL REVENUES
307 TOTAL BEGINNING BALANCES & REVENUES
EXPENSES
W/WW ENGINEERING
WATER
WASTEWATER
EXPENSE SUMMARY
$
$
5,706,000
7,838,500
2016/17
BUDGET
30,400 $
1,338,800
2,021,200
$
5,706,000
12,420,300
2016/17
REVISED
30,400
3,908,100
4,004,700
AF
314 WATER TREATMENT PLANT 1,200,000 1,200,000
315 TOTAL EXPENSES 4,590,400 9,143,200
316 BUDGET BALANCE - WATER 2,035,900 2,062,000
317 BUDGET BALANCE - WASTEWATER 1,021,400 1,215,100
318 CURRENT YEAR BALANCE SUBTOTALS 3,057,300 3,277,100
319 TOTAL BUDGET BALANCES & EXPENSES $ 7,647,700 $ 12,420,300
320 The City Manager is hereby authorized, without further approval of the City Council, to make
321 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
322 department with the exception of any transfers prohibited by City Procedure #F306.
323 ADOPTED:
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9
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324 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
325 WATER/WASTEWATER CAPITAL ASSET RESERVE
326 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
327 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
328 The amount hereinafter named aggregating One Million Forty Five Thousand Eight hundred dollars ($1,045,800)
329 or so much thereof as may be necessary are hereby appropriated from current revenues and other funds
330 for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2016
331 and ending June 30, 2017:
332 CASH RECEIPTS
333 2016/17 2016/17
334 BUDGET REVISED
335 BEGINNING BALANCE - WATER $ 514,600 $ 519,600
336 BEGINNING BALANCE - WASTEWATER 513,400 518,400
337 TOTAL BEGINNING BALANCES 1,028,000 1,038,000
D
338
339
340
341
342
343
344
345
346
RECEIPTS
INTEREST EARNINGS - WATER
INTEREST EARNINGS - WASTEWATER
TOTAL RECEIPTS
TOTALS
CURRENT YEAR BALANCE - WATER
EXPENSE SUMMARY
$
$
3,900
3,900
7,800
1,035,800
2016/17
BUDGET
518,500 $
$
3,900
3,900
7,800
1,045,800
2016/17
REVISED
523,500
347
348
R
CURRENT YEAR BALANCE - WASTEWATER
CURRENT YEAR BALANCE SUBTOTALS
349 TOTALS $
517,300
1,035,800
1,035,800
350 The City Manager is hereby authorized, without further approval of the City Council, to make
$
351 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
352 department with the exception of any transfers prohibited by City Procedure #F306.
353 ADOPTED:
522,300
1,045,800
1,045,800
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354 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
355 WATER/WASTEWATER IMPACT FEE RESERVE
356 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
357 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
358 The amount hereinafter named aggregating Three Million Five Hundred Twenty Five Thousand One Hundred
359 dollars ($3,525,100) or so much thereof as may be necessary are hereby appropriated fromcurrent revenues
360 and other funds for the use by several departments of the Municipal Government for the fiscal year beginning
361 July 1, 2016 and ending June 30, 2017:
362 CASH RECEIPTS
363 2016/17 2016/17
364 BUDGET REVISED
365 BEGINNING BALANCE - WATER $ 430,700 $ 434,200
366 BEGINNING BALANCE - WASTEWATER 1,590,900 3,075,500
367 TOTAL BEGINNING BALANCES 2,021,600 3,509,700
D
368
369
370
371
RECEIPTS
INTEREST EARNINGS - WATER
372 TOTALS
373
374
375
INTEREST EARNINGS - WASTEWATER
TOTAL RECEIPTS
376 TRANSFER TO I & E FUND FROM WATER IMPACT FEES
EXPENSE SUMMARY
$
$
12,100
15,400
2,037,000
2016/17
BUDGET
3,300
190,800 $
$
3,300
12,100
15,400
3,525,100
2016/17
REVISED
190,800
R
377 TRANSFER TO I & E FUND FROM WASTEWATER IMPACT FEES
378 CURRENT YEAR BALANCE - WATER
379 CURRENT YEAR BALANCE - WASTEWATER
380 CURRENT YEAR BALANCE SUBTOTALS
381 TOTALS $
211,200
243,200
1,391,800
1,635,000
2,037,000
382 The City Manager is hereby authorized, without further approval of the City Council, to make
383 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
$
211,200
246,700
2,876,400
3,123,100
3,525,100
AF
384 department with the exception of any transfers prohibited by City Procedure #F306.
385 ADOPTED:
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11
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386 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
387 WATER/WASTEWATER CONTINGENCY RESERVE
388 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
389 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
390 The amount hereinafter named aggregating Five Hundred Twenty Six Thousand Two Hundred dollars
391 ($526,200) or so much thereof as may be necessary are hereby appropriated from current revenues
392 and other funds for the use by several departments of the Municipal Government for the fiscal year
393 beginning July 1, 2016 and ending June 30, 2017:
394 CASH RECEIPTS
395 2016/17 2016/17
396 BUDGET REVISED
397 BEGINNING BALANCE - WATER $ 138,000 $ 117,900
398 BEGINNING BALANCE - WASTEWATER 191,600 214,700
399 TOTAL BEGINNING BALANCES 329,600 332,600
D
400
401
402
403
404
407
RECEIPTS
INTEREST EARNINGS
TRANSFER FROM OPERATING ACCOUNT TO WATER
TRANSFER FROM OPERATING ACCOUNT TO WASTEWATER
TOTAL RECEIPTS
405 TOTALS
406 BUDGET SUMMARY
$
2,500
110,000
60,000
172,500
502,100
2016/17
$
2016/17
2,500
131,100
60,000
193,600
526,200
408
R
409 CURRENT YEAR BALANCE - WATER
410 CURRENT YEAR BALANCE - WASTEWATER
411 CURRENT YEAR BALANCE SUBTOTALS
412 TOTAL EXPENSES AND CURRENT YEAR BALANCES $
BUDGET
249,000
253,100
502,100
502,100
413 The City Manager is hereby authorized, without further approval of the City Council, to make
$
414 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
415 department with the exception of any transfers prohibited by City Procedure #F306.
REVISED
250,000
276,200
526,200
526,200
AF
416 ADOPTED:
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12
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417 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
418 ELECTRIC REVENUE FUND
419 REVENUES AND BUDGET FOR 2016-2017
420 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
421 The amount hereinafter named aggregating Ninety Nine Million Three Hundred Twenty Five Thousand
422 dollars ($99,325,000) or so much thereof as may be necessary are hereby appropriated from
423 current revenues and other funds for the use by several departments of the Municipal Government
424 for the fiscal year beginning July 1, 2016 and ending June 30, 2017:
425 2016/17 2016/17
426 BUDGET REVISED
427 BEGINNING BALANCE $ 13,302,200 $ 19,896,400
428 BASE REVENUE
429 DIRECT SALES TO CUSTOMER 77,193,200 77,193,200
430 UTILITY TAX 1,287,900 1,287,900
D
431
432
433
434
435
MISCELLANEOUS REVENUE
RENT REVENUE
GREEN ENERGY
INTEREST EARNINGS
TOTAL REVENUES
436 TOTAL BEGINNING BALANCE & REVENUES
548,600
223,000
128,000
47,900
79,428,600
92,730,800
548,600
223,000
128,000
47,900
79,428,600
99,325,000
R
AF T
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437 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
438 ELECTRIC REVENUE FUND EXPENSES AND BUDGET BALANCE FOR 2016-2017
439 2016/17 2016/17
440 EXPENSES BUDGET REVISED
441 POWER SUPPLY $ 16,557,600 $ 16,492,600
442 SOLAR ENERGY 2,313,900 2,313,900
443 SOLAR RENEWAL ENERGY CREDITS 363,400 363,400
444 POWER SUPPLY MANAGEMENT 996,000 996,000
445 REC'S (Renewable Energy Credits) 673,400 673,400
446 RGGI (Regional Greenhouse Gas Init.) 175,000 175,000
447 PJM CHARGES - ENERGY 12,357,900 12,357,900
448 PJM CHARGES - TRANSMISSION & FEES 7,603,800 7,603,800
449 CAPACITY CHARGES 10,160,600 10,160,600
450 SUB-TOTAL POWER SUPPLY 51,201,600 51,136,600
451 PLANT OPERATIONS 6,215,700 6,280,700
D
452
453
454
455
456
457
458
459
460
GENERATIONS FUELS
PJM SPOT MARKET ENERGY
PJM CREDITS
CAPACITY CREDITS
GENERATION SUBTOTAL
POWER SUPPLY & GENERATION SUBTOTAL
DIRECT EXPENDITURES
TRANSMISSION/DISTRIBUTION
ELECTRICAL ENGINEERING
256,900
(804,900)
(360,000)
(7,355,100)
(2,047,400)
49,154,200
3,605,700
1,247,900
256,900
(804,900)
(360,000)
(7,355,100)
(1,982,400)
49,154,200
3,615,100
1,283,000
461
462
463
464
465
466
467
468
R
ADMINISTRATION
METER READING
SYSTEMS OPERATIONS
DIRECT EXPENDITURE SUBTOTALS
OTHER EXPENSES:
UTILITY TAX
ALLOW FOR UNCOLLECTIBLES
RETIREES HEALTH CARE
OTHER EMPLOYMENT EXPENSES
929,700
378,600
651,700
6,813,600
1,287,900
250,000
600,000
58,900
933,700
379,500
661,100
6,872,400
1,287,900
250,000
600,000
100
AF
469
470 OPEB UNFUNDED LIABILITY - 109,300
471 GREEN ENERGY PAYMENT TO DEMEC 128,000 128,000
472 INTERFUND SERVICE FEES 3,564,900 3,625,900
473 INTEREST ON DEPOSITS 21,000 21,000
474 BANK & CREDIT CARD FEES 275,000 275,000
475 DEBT SERVICE 1,618,000 1,618,000
476 OTHER EXPENSES SUBTOTAL 7,803,700 7,915,200
477 TRANSFER TO:
478 IMPROVEMENT & EXTENSION 2,500,000 2,500,000
479 GENERAL FUND 10,000,000 10,000,000
480 FUTURE CAPACITY RESERVE 750,000 2,750,000
481 DEPRECIATION RESERVE 750,000 2,750,000
482 RATE STABILIZATION RESERVE 1,250,000 3,250,000
483 TRANSFER TO SUBTOTAL 15,250,000 21,250,000
484 TOTAL EXPENSES 79,021,500 85,191,800
485 BUDGET BALANCE - WORKING CAPITAL
486 TOTALS
T $
13,709,300
92,730,800
487 The City Manager is hereby authorized, without further approval of the City Council, to make
$
488 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
489 department with the exception of any transfers prohibited by City Procedure #F306.
490 ADOPTED:
14,133,200
99,325,000
14
Paj 27
491 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
492 ELECTRIC UTILITY IMPROVEMENT AND EXTENSION FUND
493 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
494 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
495 The amount hereinafter named aggregating Thirteen Million Eighteen Thousand Six Hundred dollars
496 ($13,018,600) or so much thereof as may be necessary are hereby appropriated from current revenues
497 and other funds for the use by several departments of the Municipal Government for the fiscal year
498 beginning July 1, 2016 and ending June 30, 2017:
499 REVENUES
500 2016/17 2016/17
501 BUDGET REVISED
502 BEGINNING BALANCE $ 5,540,500 $ 9,314,400
503 REVENUES
D
504
505
506
507
508
509
510
TRANSFER FROM ELECTRIC
TRANSFER FROM WATER/WASTEWATER
INCOME FROM SALE OF ASSETS
GENERAL SERVICE BILLING
DEVELOPMENT GRANTS
INTEREST EARNINGS
TOTAL REVENUES
511 TOTALS $
2,500,000
231,200
-
900,000
5,000
40,000
3,676,200
9,216,700 $
2,500,000
231,200
28,000
900,000
5,000
40,000
3,704,200
13,018,600
512
513
514
515
516
517
518
519
520
R
EXPENSES
ELECTRIC ADMINISTRATION
ELECTRIC GENERATION
TRANSMISSION AND DISTRIBUTION
ELECTRICAL ENGINEERING
METER READING
ERP SYSTEM
EXPENSE SUMMARY
$
2016/17
BUDGET
- $
1,842,800
1,975,000
910,700
41,800
1,000,000
2016/17
REVISED
23,000
2,580,000
2,175,000
1,731,700
64,800
1,000,000
AF
521 TOTAL EXPENSES 5,770,300 7,574,500
522 BUDGET BALANCE 3,446,400 5,444,100
523 TOTAL BUDGET BALANCE & EXPENSES $ 9,216,700 $ 13,018,600
524 The City Manager is hereby authorized, without further approval of the City Council, to make
525 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
526 department with the exception of any transfers prohibited by City Procedure #F306.
527 ADOPTED:
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15
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528 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
529 ELECTRIC UTILITY CONTINGENCY RESERVE
530 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
531 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
532 The amount hereinafter named aggregating Eight Hundred Fifty Six Thousand Four Hundred dollars
533 ($856,400) or so much thereof as may be necessary are hereby appropriated from current revenues and
534 other funds for the use by several departments of the Municipal Government for the fiscal year
535 beginning July 1, 2016 and ending June 30, 2017:
536 CASH RECEIPTS
537 2016/17 2016/17
538 BUDGET REVISED
539 BEGINNING BALANCE $ 841,900 $ 850,000
540 RECEIPTS
541 INTEREST EARNINGS 6,400 6,400
D
542 TOTAL RECEIPTS
543 TOTALS
544
545
546
547 CURRENT YEAR BALANCE
548 TOTALS
EXPENSE SUMMARY
$
$
6,400
848,300
2016/17
BUDGET
848,300
848,300
$
$
6,400
856,400
2016/17
REVISED
856,400
856,400
R
549 The City Manager is hereby authorized, without further approval of the City Council, to make
550 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
551 department with the exception of any transfers prohibited by City Procedure #F306.
552 ADOPTED:
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16
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553 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
554 ELECTRIC UTILITY DEPRECIATION RESERVE
555 SOURCES AND USE OF FUNDS FOR 2016-2017
556 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
557 The amount hereinafter named aggregating Twelve Million Nine Hundred Fifty Seven Thousand Three Hundred
558 dollars ($12,957,300) or so much thereof as may be necessary are hereby appropriated from current
559 revenues and other funds for the use by several departments of the Municipal Government for the
560 fiscal year beginning July 1, 2016 and ending June 30, 2017:
561 CASH RECEIPTS
562 2016/17 2016/17
563 BUDGET REVISED
564 BEGINNING BALANCE $ 10,083,600 $ 10,130,700
565 INTEREST EARNINGS 76,600 76,600
566 TRANSFER FROM ELECTRIC OPERATING FUND 750,000 2,750,000
D
567 TOTALS
568
569
570
571 CURRENT YEAR BALANCE
572 TOTALS
BUDGET SUMMARY
$
$
10,910,200
2016/17
BUDGET
10,910,200
10,910,200
573 The City Manager is hereby authorized, without further approval of the City Council, to make
$
$
12,957,300
2016/17
REVISED
12,957,300
12,957,300
R
574 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
575 department with the exception of any transfers prohibited by City Procedure #F306.
576 ADOPTED:
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17
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577 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
578 ELECTRIC UTILITY FUTURE CAPACITY RESERVE
579 SOURCES AND USE OF FUNDS FOR 2016-2017
580 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
581 The amount hereinafter named aggregating Thirteen Million One Hundred Ten Thousand Three Hundred
582 dollars ($13,110,300) or so much thereof as may be necessary are hereby appropriated from current revenues
583 and other funds for the use by several departments of the Municipal Government for the fiscal year
584 beginning July 1, 2016 and ending June 30, 2017:
585 CASH RECEIPTS
586 2016/17 2016/17
587 BUDGET REVISED
588 BEGINNING BALANCE $ 10,134,700 $ 10,283,300
589 INTEREST EARNINGS 77,000 77,000
590 TRANSFER FROM ELECTRIC OPERATING FUND 750,000 2,750,000
D
591 TOTALS
592
593
594
595 CURRENT YEAR BALANCE
596 TOTALS
BUDGET SUMMARY
$
$
10,961,700
2016/17
BUDGET
10,961,700
10,961,700
597 The City Manager is hereby authorized, without further approval of the City Council, to make
$
$
13,110,300
2016/17
REVISED
13,110,300
13,110,300
R
598 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
599 department with the exception of any transfers prohibited by City Procedure #F306.
600 ADOPTED:
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18
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601 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
602 ELECTRIC UTILITY INSURANCE STABLIZATION RESERVE
603 SOURCES AND USE OF FUNDS FOR 2016-2017
604 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
605 The amount hereinafter named aggregating Seven Hundred Sixty Nine Thousand Three Hundred dollars
606 ($769,300) or so much thereof as may be necessary are hereby appropriated from current revenues and other
607 funds for the use by several departments of the Municipal Government for the fiscal year
608 beginning July 1, 2016 and ending June 30, 2017:
609 CASH RECEIPTS
610 2016/17 2016/17
611 BUDGET REVISED
612 BEGINNING BALANCE $ 756,300 $ 763,600
613 INTEREST EARNINGS 5,700 5,700
614 TOTALS $ 762,000 $ 769,300
D
615
616
617
618 CURRENT YEAR BALANCE
619 TOTALS
BUDGET SUMMARY
$
2016/17
BUDGET
762,000
762,000
620 The City Manager is hereby authorized, without further approval of the City Council, to make
$
621 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
2016/17
REVISED
769,300
769,300
R
622 department with the exception of any transfers prohibited by City Procedure #F306.
623 ADOPTED:
AF T
19
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624 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
625 ELECTRIC UTILITY RATE STABLIZATION RESERVE
626 SOURCES AND USE OF FUNDS FOR 2016-2017
627 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
628 The amount hereinafter named aggregating Ten Million Five Hundred Seventy Four Thousand
629 dollars ($10,574,000) or so much thereof as may be necessary are hereby appropriated from current
630 revenues and other funds for the use by several departments of the Municipal Government
631 for the fiscal year beginning July 1, 2016 and ending June 30, 2017:
632 CASH RECEIPTS
633 2016/17 2016/17
634 BUDGET REVISED
635 BEGINNING BALANCE $ 7,207,100 $ 7,269,200
636 INTEREST EARNINGS 54,800 54,800
637 TRANSFER FROM ELECTRIC OPERATING FUND 1,250,000 3,250,000
D
638 TOTALS
639
640
641
642 TRANSFER TO ELECTRIC FUND
643 CURRENT YEAR BALANCE
644 TOTALS
BUDGET SUMMARY
$
$
$
8,511,900
2016/17
BUDGET
8,511,900
8,511,900
- $
$
$
10,574,000
2016/17
REVISED
10,574,000
10,574,000
-
R
645 The City Manager is hereby authorized, without further approval of the City Council, to make
646 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
647 department with the exception of any transfers prohibited by City Procedure #F306.
648 ADOPTED:
AF T
20
Paj 33
649 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
650 WORKERS COMPENSATION FUND
651 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
652 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
653 The amount hereinafter named aggregating Two Million One Hundred Thirty Two Thousand Three Hundred
654 dollars ($2,132,300) or so much thereof as may be necessary are hereby appropriated from current
655 revenues and other funds for the use by several departments of the Municipal Government for the
656 fiscal year beginning July 1, 2016 and ending June 30, 2017:
657 OPERATING REVENUES
658 2016/17 2016/17
659 BUDGET REVISED
660 BEGINNING BALANCE $ 1,256,300 $ 1,251,900
661 INTEREST INCOME 25,000 25,000
662 PREMIUM FROM CITY 855,400 855,400
D
663
664
665
666
667
668
669
670
TOTALS
PROGRAM EXPENSES/SUPPLIES - CLAIMS
INSURANCE
STATE OF DEL - SELF INSURANCE TAX
CONTRACTUAL SERVICES
671 TOTAL EXPENSES
OPERATING EXPENSES
$
$
2,136,700
2016/17
BUDGET
475,000 $
105,500
39,000
25,000
644,500
$ 2,132,300
2016/17
REVISED
475,000
105,500
39,000
25,000
644,500
R
672 CURRENT YEAR BALANCE
673 TOTALS $
1,492,200
2,136,700
674 The City Manager is hereby authorized, without further approval of the City Council, to make
$
675 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
676 department with the exception of any transfers prohibited by City Procedure #F306.
677 ADOPTED:
1,487,800
2,132,300
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21
Paj 34
678 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
679 COMMUNITY TRANSPORTATION IMPROVEMENT FUND
680 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
681 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
682 The amount hereinafter named aggregating Nine Hundred Twelve Thousand Four Hundred dollars
683 ($912,400) or so much thereof as may be necessary are hereby appropriated from current revenues and
684 other funds for the use by several departments of the Municipal Government for the fiscal year
685 beginning July 1, 2016 and ending June 30, 2017:
686 OPERATING REVENUES
687 2016/17 2016/17
688 BUDGET REVISED
689 PRIOR YEAR BALANCE $ 92,100 $ 90,700
690 GRANTS REVENUE 500,000 500,000
691 TOTALS $ 592,100 $ 590,700
D
692
693
694
695 PROGRAM EXP. GRANT RELATED
696 CURRENT YEAR BALANCE
697 TOTALS
OPERATING EXPENSES
$
$
2016/17
BUDGET
500,000 $
92,100
592,100
698 The City Manager is hereby authorized, without further approval of the City Council, to make
$
2016/17
REVISED
505,500
85,200
590,700
R
699 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
700 department with the exception of any transfers prohibited by City Procedure #F306.
701 ADOPTED:
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22
Paj 35
702 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
703 LIBRARY GRANT FUND
704 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
705 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
706 The amount hereinafter named aggregating Three Hundred Thirty Seven Thousand Two Hundred dollars
707 ($337,200) or so much thereof as may be necessary are hereby appropriated from current revenues
708 and other funds for the use by several departments of the Municipal Government for the fiscal year
709 beginning July 1, 2016 and ending June 30, 2017:
710 OPERATING REVENUES
711 2016/17 2016/17
712 BUDGET REVISED
713 PRIOR YEAR BALANCE $ 17,300 $ 37,600
714 STATE GRANT 305,500 297,100
715 FEDERAL GRANT 2,500 2,500
D
716 TOTALS
717
718
719
720
721
722
723
724
STATE GRANTS
FURNITURE/FIXTURES
OFFICE SUPPLIES
PRINTING AND DUPLICATING
PROGRAM EXPENSES/SUPPLIES
OPERATING EXPENSES
$
$
325,300
2016/17
BUDGET
10,500 $
30,800
12,500
27,500
$ 337,200
2016/17
REVISED
12,500
30,800
14,000
30,000
725
726
727
728
729
730
731
732
733
R
BOOKS
SOFTWARE
HARDWARE
AUDIO VISUAL SUPPLIES
POSTAGE
TRAINING/CONF/FOOD/TRAV
OFF EQP/REPAIRS & MAINT
OTHER EQUIP - LEASE
SUBTOTAL EXPENSES STATE GRANTS
150,600
-
-
77,200
100
5,300
6,300
2,000
322,800
150,300
1,000
4,400
77,200
200
6,000
6,300
2,000
334,700
AF
734 FEDERAL GRANTS
735 PROGRAM EXPENSES/SUPPLIES 2,500 2,500
736 SUBTOTAL EXPENSES FEDERAL GRANTS 2,500 2,500
737 GRAND TOTAL EXPENSES 325,300 337,200
738 CURRENT YEAR BALANCE - -
739 TOTALS $ 325,300 $ 337,200
740 The City Manager is hereby authorized, without further approval of the City Council, to make
741 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
742 department with the exception of any transfers prohibited by City Procedure #F306.
743 ADOPTED:
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23
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744 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
745 POLICE GRANTS FUND
746 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
747 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
748 The amount hereinafter named aggregating Eight Hundred Thirty Two Thousand dollars ($832,000)
749 or so much thereof as may be necessary are hereby appropriated from current revenues and other
750 funds for the use by several departments of the Municipal Government for the fiscal year
751 beginning July 1, 2016 and ending June 30, 2017:
752 OPERATING REVENUES
753 2016/17 2016/17
754 BUDGET REVISED
755 PRIOR YEAR BALANCE $ 295,300 $ 513,000
756 STATE AND FEDERAL GRANTS RECEIVED 319,000 319,000
757 TOTALS 614,300 832,000
D
758
759
760
761
762
763
764
765
766
EXPENDITURES
PERSONNEL EXPENDITURES
CADET PROGRAM SALARIES
CADET PROGRAM FICA
CADET PROGRAM W/COMP
MATERIALS AND SUPPLIES
OPERATING EXPENSES
2016/17
BUDGET
71,400
5,500
4,200
2016/17
REVISED
71,400
5,500
4,200
767
768
769
770
771
772
773
R POLICE EQUIPT & PROG SUPP
ADMINISTRATIVE EXPENDITURES
CELL PHONE CHARGES
TRAINING
AUDIT FEES
CONTRACTUAL SERVICES
TOTAL EXPENDITURES
774 OTHER FINANCING USES
284,000
16,000
17,000
1,000
5,000
404,100
268,800
16,000
46,100
1,000
145,000
558,000
AF
775 OPERATING TRANSFERS-OUT 82,000 274,000
776 TOTAL FINANCING USES 82,000 274,000
777 CURRENT YEAR BALANCE 128,200 -
778 TOTALS $ 614,300 $ 832,000
779 The above budget represents the combination of all State & Federal Grants.
780 The City Manager is hereby authorized, without further approval of the City Council, to make
781 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
782 department with the exception of any transfers prohibited by City Procedure #F306.
783 ADOPTED:
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24
Paj 37
784 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
785 CDBG GRANT FUND
786 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
787 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
788 The amount hereinafter named aggregating Two Hundred Eighty One Thousand Eight Hundred dollars
789 ($281,800) or so much thereof as may be necessary are hereby appropriated from current revenues
790 and other funds for the use by several departments of the Municipal Government for the fiscal year
791 beginning July 1, 2016 and ending June 30, 2017:
792 OPERATING REVENUES
793 2016/17 2016/17
794 BUDGET REVISED
795 PRIOR YEAR BALANCE $ 2,100 $ 2,100
796 CDBG GRANTS RECEIVED 236,500 279,700
797 TOTALS 238,600 281,800
D
798
799
800
801
802
803
804
805
806
EXPENDITURES
PRIOR YEAR CLOSING COST/DOWN PAYMENT PROGRAM
PRIOR YEAR NCALL RESEARCH INC.
PRIOR YEAR CONNECTION SUPP PROGRAM
PRIOR YEAR MHDC EMERGENCY HOME REPAIR
PRIOR YEAR HABITAT FOR HUMANITY
OPERATING EXPENSES
2016/17
BUDGET
-
-
-
-
-
2016/17
REVISED
900
1,000
2,500
22,300
3,000
807
808
809
810
811
812
813
814
815
R
PRIOR YEAR MHDC HOMEOWNER REHAB.
CURRENT YEAR CLOSING COST/DOWN PAYMENT PROGRAM
CURRENT YEAR CONNECTION SUPP PROGRAM
CURRENT YEAR DOVER INTERFAITH MINISTRY
CURRENT YEAR MHDC EMERGENCY HOME REPAIR
CURRENT YEAR HABITAT FOR HUMANITY
CURRENT YEAR MHDC HOMEOWNER REHAB.
CURRENT YEAR SALARIES
TOTAL EXPENDITURES
-
50,000
7,200
22,000
25,000
30,000
55,000
47,300
236,500
13,400
50,000
7,300
22,000
25,000
30,000
55,000
47,300
279,700
AF
816 CURRENT YEAR BALANCE 2,100 2,100
817 TOTALS $ 238,600 $ 281,800
818 The City Manager is hereby authorized, without further approval of the City Council, to make
819 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
820 department with the exception of any transfers prohibited by City Procedure #F306.
821 ADOPTED:
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25
Paj 38
822 2016-2017 BUDGET ORDINANCES - FIRST AMENDMENT
823 SUBSTANCE ABUSE GRANTS FUND
824 CASH RECEIPTS/REVENUES AND BUDGET FOR 2016-2017
825 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
826 The amount hereinafter named aggregating One Hundred Sixty Thousand Five Hundred dollars
827 ($160,500) or so much thereof as may be necessary are hereby appropriated from current revenues
828 and other funds for the use by several departments of the Municipal Government for the fiscal year
829 beginning July 1, 2016 and ending June 30, 2017:
830 OPERATING REVENUES
831 2016/17 2016/17
832 BUDGET REVISED
833 PRIOR YEAR BALANCE $ 60,300 $ 99,500
834 STATE GRANTS RECEIVED 28,000 28,000
835 RECREATION REVENUE 33,000 33,000
D
836 TOTALS
837
838
839
840
841
842
843
EXPENDITURES
TEMPORARY HELP/BENEFITS
PROGRAM EXPENSES/SUPPLIES
TOTAL EXPENDITURES
OPERATING EXPENSES
121,300
2016/17
BUDGET
60,200
55,000
115,200
160,500
2016/17
REVISED
60,200
55,000
115,200
R
844 CURRENT YEAR BALANCE
845 TOTALS
846 The above budget represents the combination of all State & Federal Grants.
$
6,100
121,300
847 The City Manager is hereby authorized, without further approval of the City Council, to make
848 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
849 department with the exception of any transfers prohibited by City Procedure #F306.
850 ADOPTED:
$
45,300
160,500
AF T
26
Paj 39
Memorandum
Office of the City Manager
PO Box 475
Dover, DE 19903
Phone: (302) 736-7005
FAX: (302) 736-7002
E-mail: skoenig@dover.de.us
To: Legislative, Finance, and Administration Committee
From: Scott D. Koenig, P.E., ICMA-CM _h-i__
City Manager
Date: December 29, 2016
Subject: Consideration of Cost of Living Allowance for General Pension Plan Retirees
For several years, representatives of the General Pension Plan retirees have inquired about a Cost
of Li ving Allowance (COLA) for the cun·ent city pensioners under the City's General Pension
Plan. These discussions have not lined up with the City's budget process. The City Manager is
requesting authmization to expend approximately $1 ,000 to analyze the financial impact for
three (3) different COLA amounts: 1%, 1.5% and 2.0%. The analysis will be completed by
Nyhart. These expenses will be charged against the pension fund assets.
The scenarios are one-time COLAs that would increase the retiree's annual payment by the
correlating percentage. Once the financial impacts are determined, the City Manager will make
recommendations for budgetary considerations. Ultimately, City Council would have to
authorize any COLA before one could be implemented.
sdk/SDK
cc: Donna Mitchell, Contro ller/Treasurer
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CITY OF DOVER PROPOSED ORDINANCE #2017-02
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 2 - Administration, Article V - Finance, Section 2-422 - Disposal of Excess Property of the
4 Dover Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as
5 follows:
6 Sec. 2-422. - Disposal of excess property Sale and disposition of real property.
7 (a) Authorized. Except as otherwise provided and upon approval of the city council, the city manager is
8 hereby authorized to sell or dispose of excess property.
9 (b) Determination of excess status. The city manager, upon determining that a city owned parcel of
10 land is excess in nature and that the disposal of such land would be beneficial to the City of
11 Dover, will request, through the legislative, finance, and administration committee, that city
12 council consider disposal of such land.
13 (c) Costs of Conveyance. Unless otherwise specified by the city council, all fees and costs, legal or
14 otherwise, associated with the sale and conveyance of all excess lands shall be paid by the
15 purchaser.
16 (d) Standard method of disposition.
17 (1) The legislative, finance, and administration committee, upon receiving a request to dispose
18 of excess real property, shall, prior to making a recommendation to city council, request all
19 pertinent information including, but not limited to, the following:
20 a. Determination that subject parcel is not required by any other city department.
21 b. Written explanation of why subject parcel is now surplus.
22 c. Determination of whether a zoning change would enhance the sale value of subject
23 parcel and recommend said change if warranted.
24 d. Determination if the parcel’s exact location and size is known and, if not, recommend
25 whether said parcel should be surveyed by the City prior to any sale attempts.
26 (2) City council, after receiving a positive recommendation from the legislative, finance, and
27 administration committee to dispose of a surplus parcel of land, shall, as part of its
28 deliberations:
29 a. Determine if disposal of the parcel is in the City's best interests.
30 b. Determine if disposal by sale, gift, or some other means would best serve the City's
31 interests.
32 c. Determine if the city planner should be requested to initiate rezoning procedures.
33 d. Publicize the pertinent information concerning the surplus parcel and its availability
34 for purchase to the general public at least once a week for two weeks in a local
35 newspaper.
36 e. Make public, and a part of the record, all written correspondence received and, after
37 the publicizing requirements of Section 2 (d) are met, hold a public hearing to receive
Paj 41
Proposed Ordinance #2017-02 - Chapter 2 - Administration, Article V - Finance, Page 2
Section 2-422 - Disposal of Excess Property
38 any other citizen input.
39 (3) City council, after voting to proceed with the sale of surplus land, shall determine:
40 a. If an unbiased appraisal is needed to establish a minimum acceptable price.
41 b. Whether to sell the parcel by public auction or by sealed bid, and what the minimum
42 acceptable offer will be.
43 c. The degree and scope of advertising, with a minimum of exposure being advertisement
44 once a week for two weeks in a newspaper of general circulation within the county.
45 d. Whether the circumstances of and surrounding a particular sale may be such that the
46 best interests of the City would be served by listing the property for sale with a licensed
47 real estate agent.
48 (4) City staff shall, with city council’s direction:
49 a. Arrange for advertisement of the sale.
50 b. Draft the sale bill setting out a description of the parcel to be sold, time, date, and place
51 of sale or bid opening, the terms and conditions of sale, and the City's reservation of
52 acceptance or rejection of any or all bids received at the time of sale or bid opening.
53 c. Order and distribute a sufficient number of sale bills for posting and distribution in the
54 County Courthouse, at the site, and in the general area of the parcel.
55 d. Obtain the services of a professional auctioneer if said sale is to be a public auction.
56 e. Conduct the sale and submit the results to city council.
57 f. Obtain the services of a licensed real estate agent if the sale is to be brokered.
58 (5) City council, after confirming the sale, shall:
59 a. Request the city solicitor to prepare a deed for execution and to arrange for final
60 settlement with the purchaser, at which time the City will deliver the deed, the
61 purchaser will pay all balances due, and the city solicitor will record said deed in the
62 Recorder of Deeds Office for Kent County.
63 (e) Exceptions to standard method of disposition.
64 (1) Exception A - Sale to an abutting owner. When, in the opinion of city council, a public sale
65 would be detrimental to the lands of an abutter, and/or that a public sale would place the
66 abutter at undue risk; or that the combination of abutter's land and City's land would be
67 substantially greater in value than that of the sum of the parcels considered individually,
68 city council may direct the city assessor to have prepared one or more unbiased fee
69 appraisals of the parcel. Thereafter, the subject land will be offered for sale to the said
70 abutter at the appraisal price, plus the appraisal fees, plus the legal costs. In the event the
71 offer is not accepted, a public sale may be ordered.
72 Examples of detrimental affect might be when the surplus City parcel lies between an
73 abutting property and the street and development of the parcel would obstruct visibility of
74 the abutter's property, or when the surplus parcel is zoned multi-family and abuts a single
75 family parcel.
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Proposed Ordinance #2017-02 - Chapter 2 - Administration, Article V - Finance, Page 3
Section 2-422 - Disposal of Excess Property
76 (2) Exception B - Trade of lands. Trade of lands may be approved when it is shown beyond
77 doubt that such a trade will be equal to or better than the lands to be traded either on a
78 “square foot for square foot” measure and/or on a “dollar for dollar” measure.
79 (3) Exception C - Conveyance of odd shaped and/or unbuildable parcels. City acquisitions for
80 roads, utility usages, etc. may, after such usage is accomplished, leave a small strip of land
81 that is odd shaped and unbuildable. City council may approve the conveyance of this strip
82 of land to an abutting property owner on request of said owner. The price for these lands
83 shall be at the same cost basis as that paid by the City. If conveyance is made in excess of
84 two years after the date of City acquisition, then the consideration shall either be based on
85 a price established by an unbiased fee appraisal made on the basis of the value added to the
86 abutting property by the acquisition of said lands, or on the City's cost basis for the parcel
87 adjusted for inflation, whichever city council shall select. All fees, legal or otherwise,
88 associated with the conveyance are to be paid by the purchaser.
89 (4) Exception D - Sale of small or irregular shaped lot to an abutting owner. If any excess parcel
90 of land is too small or irregular in shape to be of any value to anyone other than an abutting
91 owner, it may be sold to such owner at either its fee appraised fair market value, or at its
92 fair market value as established by the City's assessment records, whichever city council
93 shall select. The costs of the appraisal and all legal costs shall be paid by the owner
94 requesting the conveyance.
95 (5) Exception E - Donation of land to non-profit organizations. If, in the opinion of city council,
96 the donation of a parcel of excess land to a non-profit organization would be in the best
97 interest of the City, council then reserves unto itself the right to make such donation.
98 (Code 1981, § 2-80; Ord. of 3-12-2001)
99 ADOPTED: *
100 S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Packets\2017\CCW\01-10-2017\ORIGINALS\Ordinance #2017-02 - Chp 2-Admin, Art V-Finance, Sec 2-422-Disposal of Excess
101 Property.wpd
102 SYNOPSIS
103 The proposed amendment codifies the City’s procedure for the sale and disposition of excess
104 city-owned real property.
105 (SPONSORS: NEIL, KOENIG, AND MCDOWELL)
106 Actions History
107 01/10/2017 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee
Paj 43
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PROPOSED PROCEDURE
FOR SALE AND DISPOSITION OF REAL PROPERTY
I. PURPOSE
To establish a policy for the City of Dover regulating the sale and disposition of excess lands.
2. LAWS AND POLICIES
City of Dover Code of Ordinances, Chapter 2, Article IV, Section 2-99, authorizes the sale and
disposal of excess property. ·
This policy will standardize the procedure for disposal of excess City owned real property.
3. DETERMINATION
A City Staff member, upon determining that a City owned parcel of land is excess in nature and
that the disposal of such land would be beneficial to the City of Dover, will request, through the
Legislative and Finance Committee, that the Dover City Council consider disposal of such land.
4. STANDARD MIITHOD OF DISPOSITION
A. The Legislative and Finance Committee, upon receiving a request to dispose of excess
real property, shall, prior to making a recommendation to the Dover City Council,
request all pertinent information including, but not limited to, the following:
a-1) determination that subject parcel is not required by any other City department.
a-2) written explanation of why subject parcel is now surplus.
a-3) determination of whether a zoning change would enhance the sale value of subject
parcel and recommend said change if warranted.
a-4) determine if parcel's exact location and size is known and, if not, recommend
whether said parcel should be surveyed by the City prior to any sale attempts.
Paj 44
. ':.,
· Bale and Disposition of R-...t Property
Page Two
B. Dover City Council, after receiving a positive recommendation from the Legislative and
Finance Committee to dispose of a surplus parcel of land, shall, as part of its
deliberations:
b-1) determine if disposal of the parcel is in the City's best interests.
b-2) determine if disposal by sale, gift, or some other means would best serve the City's
interests.
b-3) determine if the City Planner should be requested to initiate rezoning procedures.
b-4) publicize the pertinent information concerning the surplus parcel and its availability
for purchase to the general public at least once a week for two weeks in a local
newspaper.
b-5) make public, and a part of the record, all written correspondence received and,
after the publicizing requirements of Section 4, Paragraph B(4) are met, hold a
public hearing to receive any other citizen input.
C. Dover City Council, after voting to proceed with the sale of surplus land, shall
determine:
c-1) if an unbiased appraisal is needed to establish a minimum acceptable price.
c-2) whether to sell the parcel by public auction or by sealed bid, and what the
minimum acceptable offer will be.
c-3) the degree and scope of advertising, with a mtmmum of exposure being
advertisement once a week for two weeks in a newspaper of general circulation
within the county.
c-4) whether the circumstances of and surrounding a particular sale may be such that
the best interests of the City would be served by listing the property for sale with
a licensed real estate agent.
D. City Staff shall, with Council direction:
d-1) arrange for advertisement of the sale
d-2) draft the sale bill setting out a description of the parcel to be sold, time, date, and
place of sale or bid opening, the terms and conditions of sale, and the City's
reservation of acceptance or rejection of any oral! bids received at the time of sale
or bid opening.
Paj 45
.. ·~"
· ·-sale and Disposition of t .1 Property
Page Thee
d-3) order and distribute a sufficient number of sale bills for posting and distribution in
the County Courthouse, at the site, and in the general area of the parcel.
d-4) obtain the services of a professional auctioneer if said sale is to be a public auction.
d-5) conduct the sale and submit the results to Dover City Council.
d-6) obtain the services of a licensed real estate agent if sale is to be brokered.
E. Dover City Council, after confirming the sale, shall:
e-l) request the City Solicitor to prepare a deed for execution and to arrange for final
settlement with the purchaser at which time the City will deliver the deed, the
purchaser will pay all balances due, and the City Solicitor will record said deed,
in the Recorder of Deeds Office for Kent county.
F. If any excess parcel of land is too small or irregular in shape to be of any value to
anyone other than an abutting owner, it may be sold to such owner at either its fee
appraised fair market value, or at its fair market value as established by the City's
assessment records, whichever Council shall select. The costs of the appraisal and all
legal costs shall be paid by the owner requesting the conveyance.
G. Costs of Conveyance
Unless otherwise specified by Dover City Council, all fees and costs, legal or otherwise,
associated with the sale and conveyance of all excess lands shall be paid by the
purchaser.
5. EXCEPI'IONS TO STANDARD METIIOD OF DISPOSITION
Exception A.
Sale to an abutting owner: When, in the opinion of City Council, a public sale would be
detrimental to the lands of an abutter, and/or that a public sale would place the abutter at undue
risk; or that the combination of abutter's land and City's land would be substantially greater in
value than that of the sum of the parcels considered individually, Dover City Council may direct
the City Assessor to have prepared one or more unbiased fee appraisals of the parcel. Thereafter,
the subject land will be offered for sale to the said abutter at the appraisal price, plus the appraisal
fees, plus the legal costs. In the event the offer is not accepted, a public sale may be ordered.
Examples of detrimental affect might be when the surplus City parcel lies between an abutting
property and the street and development of the parcel would obstruct visibility of the abutter's
property, of when the surplus parcel is zoned multi-family and abuts a single family parcel.
Paj 46
·- .
.• Sale and Disposition of R~
-- Property
Page Four
Exception B.
Trade of lands· A trade of lands may be approved when it is shown beyond doubt that such a
trade will be equal to or better than the lands to be traded either on a "square foot for square foot•
measure and/or on a "dollar for dollar" measure.
Exception C.
Conveyance of odd shaped and/or unhujldab!e parcels; City acquisitions for roads, utility usages,
etc. may, after such usage is accomplished, leave a small strip of land that is odd shaped and
unbuildable. Dover City Council may approve the conveyance of this strip of land to an abutting
property owner on request of said owner. The price for these lands shall be at the same cost basis
as that paid by the City. If conveyance is made in excess of two years after the date of City
acquisition, then the consideration shall either be based on a price established by an unbiased fee
appraisal made on the basis of the value added to the abutting property by the acquisition of said
lands, or on the City's cost basis for the parcel adjusted for inflation, whichever Dover City
Council shall select. All fees, legal or otherwise, associated with the conveyance are to be paid
by the purchaser.
Exception D.
Donation of land to Non-Profit Organizations: If, in the opinion of Dover City Council, the
donation of a parcel of excess land to a non-profit organization would be in the best interest of the
City of Dover, Council then reserves unto itself the right to make such donation.
Paj 47
1 CITY OF DOVER PROPOSED ORDINANCE #2017-03
2
3 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
4 COUNCIL MET:
5
6 That the Dover Code of Ordinances be amended by creating a new Chapter 80 -
7 Personnel.
8
9 BE IT FURTHER ORDAINED:
10
11 That Chapter 2 - Administration, Article IV - Officers and Employees, Division 7 -
12 General Employee Pension Plan of the Dover Code be moved to Chapter 80 -
13 Personnel, Division 3. – General Employee Pension Plan.
14
15 BE IT FURTHER ORDAINED:
16
17 That Chapter 2 - Administration, Article IV - Officers and Employees, Division 8 -
18 Deferred Compensation Plan of the Dover Code be moved to Chapter 80 - Personnel,
19 Division 2. - Deferred Compensation Plan (IRC 457 (b)).
20
21 BE IT FURTHER ORDAINED:
22
23 That Chapter 2 - Administration, Article VI - Other Post-Employment Benefits Fund of
24 the Dover Code be moved to Chapter 80 - Personnel, Division 5. – Other Post-
25 Employment Benefits Fund.
26
27 BE IT FURTHER ORDAINED:
28
29 That Chapter 80 - Personnel of the Dover Code be amended by inserting the text in
30 bold, blue font and deleting the text indicated in red strikeout, as follows:
31
32 Chapter 80 – PERSONNEL
33 DIVISION 7. - GENERAL EMPLOYEE PENSION PLAN[5]
34 Footnotes:
35 --- (5) ---
36 Charter reference— Authority of city to establish pension plans, subpart A.
37
38 Subdivision ARTICLE I. - In General IN GENERAL
39
40 Sec. 2-321 80-1. - Definitions.
41
42 The following words, terms and phrases, when used in this division chapter, shall
43 have the meanings ascribed to them in this section, except where the context clearly
44 indicates a different meaning or the plan documents contradict:
45 Accumulated contributions means the aggregate contributions made by a member
46 under the plan, with interest thereon at the rate of five percent per annum, compounded
47 annually from the last day of the plan year in which such contribution was made to the
48 earlier of the date of commencement of retirement income or the date on which
Page 1 of 27
Paj 48
49 contributions are payable pursuant to the provisions of the plan.
50
51 Compensation means a participant's base pay, plus scheduled overtime,
52 payment for being on-call, except those hours reported for being called out, and
53 any retroactive pay corrections which involve any one of the mentioned
54 payments.
55
56 Continuous service means regularly employed without interruption, except for
57 allowable interruptions aggregating not over five years. Allowable interruptions shall
58 include:
59 (1) Leaves of absence granted to employees for illness, research, travel, training or
60 study;
61 (2) Employment in an office to which the employee had been elected by popular
62 vote at a regular city election;
63 (3) Involuntary severance which shall include a required leave of absence on
64 account of maternity, and the employee returns to active employment at the end
65 of that leave of absence.
66 (4) To the extent required by federal law, if an employee leaves the employ of the
67 city to enter the military service of the United States and, upon his their
68 discharge from service, is reemployed by the city at a time when his their
69 reemployment rights are protected by federal law, the employee shall be
70 considered to have been employed by the city during his their period of military
71 service and shall be credited with continuous service which he they would have
72 been credited with as an employee of the city but for his their military service.
73 The period for which disability pension benefits shall have been paid shall be
74 considered as an allowable interruption which is permitted in addition to the
75 allowable interruptions aggregating not over five years in determining
76 subsequent eligibility for retirement benefits under the terms of this division
77 chapter.
78
79 Deferred Compensation Plan (IRC 457 (b)) means the deferred contribution
80 plan.
81
82 Defined benefit pension plan and plan mean the city's general employee pension
83 plan.
84
85 Eligible employee means any person regularly employed in rendering service to the
86 city on a full-time, permanent regular basis, who is not participating in any other a
87 retirement plan to which the city contributes for them, and whose compensation is paid
88 directly by the city. An employee will be considered a full-time employee if he they
89 regularly works 40 or more hours each week.
90
91 General employee pension plan board means the general employee pension
92 Trust board.
Page 2 of 27
Paj 49
93
94 Defined benefitGeneral employee pension plan and plan mean the city's general
95 employee defined benefit pension plan.
96
97 Group annuity contract means the group annuity contract entered into between an
98 insurance company and the general employee pension plan board of trustees.
99
100 Money Purchase Plan (IRC 401(a)) means the defined contribution plan.
101
102 OPEB board means the board of trustees of the other post-employment
103 benefits trust as established in Section 80-701. – OPEB Board; established;
104 duties.
105
106 OPEB fund means the other post-employment benefits Trust established in
107 Section 80-700. – OPEB Fund; established.
108
109 Participant means any eligible employee of the city who has met all of the
110 requirements for participation in the pension plan as defined in this section and who has
111 satisfied all of the conditions and requirements set forth in this division a City
112 retirement benefit plan.
113
114 Pension board means the pension board of trustees.
115
116 Pension plan and plan mean the city's general employee pension plan.
117
118 Plan year means the period of one year, commencing on any July 1 and ending
119 immediately prior to the following July 1.
120
121 Retired participant means a participant of the plan who has terminated service and
122 is eligible to receive retirement income under this division chapter.
123 (Code 1968, § 2-87; Ord. of 1-12-1970; Code 1981, § 2-176; Ord. of 7-11-1983; Ord. of
124 7-26-1993, § 1; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. No. 2010-13, 6-28-2010)
125 ARTICLE II. – RESERVED
126 ARTICLE III. – RESERVED
[5]
127 ARTICLE IV. – PENSION PLANS AND RETIREMENT BENEFITS (EXCEPT POLICE)
128 Footnotes:
129 --- (5) ---
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Paj 50
130 Charter reference— Authority of city to establish pension plans, subpart A.
131 DIVISION 1. – GENERALLY
132
133 Sec. 80-400. – Applicable to all pension plans.
134
135
136 Sec. 2-340. -–(a) Correction of payment errors.
137
138 Should any change or error in the records result in any member or beneficiary receiving
139 from the plan more or less than he would have been entitled to receive had the records
140 been correct, the pension board of trusteeshuman resources director, with the
141 concurrence of the controller/treasurer, shall have the power to correct the error, and
142 as far as practicable and just, to adjust the payments in a manner that the equivalent of
143 the benefit to which the member or beneficiary was correctly entitled shall be paid.
144 (Code 1968, § 2-113; Ord. of 1-12-1970; Code 1981, § 2-195)
145 Sec. 2-343.(b) - Limitation on benefits.
146
147 To the extent necessary, the participant's benefit under this plan and all plans of the city
148 shall be limited in accordance with section 415 of the Internal Revenue Code (26 USC
149 415) and the regulations thereunder, and such code section and regulations shall
150 hereby be incorporated herein.
151 (Code 1981, § 2-198; Ord. of 7-26-1993, § 7)
152 Sec. 2-344.(c) - Distributions.
153
154 All distributions from this plan shall be made in accordance with section 401(a)(9) of the
155 Internal Revenue Code (26 USC 401(a)(9)) and the regulations thereunder, and such
156 code section and regulations shall hereby be incorporated herein.
157 (Code 1981, § 2-199; Ord. of 7-26-1993, § 8)
158 Sec. 2-345. -–(d) Maximum compensation.
159
160 The maximum earnings utilized for purposes of determining benefits shall be limited in
161 accordance with section 401(a)(17) of the Internal Revenue Code (26 USC 401(a)(17))
162 and the regulations thereunder, and such code section and regulations shall hereby be
163 incorporated herein.
164 (Code 1981, § 2-200; Ord. of 7-26-1993, § 9)
165 DIVISION 82. - DEFERRED COMPENSATION PLAN (IRC 457 (b))
166
167 Sec. 2-39280-450. - Established; purpose.
168
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169 There is hereby established the city employee deferred compensation plan (IRC 457
170 (b)). The purpose of the plan is to establish the basic terms and conditions under which
171 employees shall participate in this plan. Further details, terms and conditions under
172 which retirement, termination, and survivor benefits shall be provided to eligible
173 employees are defined in the deferred compensation plan.
174 (Code 1981, § 2-212; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. of 6-12-2000; Ord. of
175 7-10-2000; Ord. of 9-11-2000)
176 Sec. 2-39380-451. - Eligibility of participants.
177
178 Each eligible employee not drawing any retirement benefits from the city as of May
179 1, 1994, who makes an irrevocable decision to join the deferred compensation plan,
180 shall, upon compliance with the provisions of this division, become a deferred
181 compensation plan participant on May 1, 1994. Thereafter, each eligible employee who
182 selects the deferred compensation plan upon employment shall become a participant in
183 accordance with the plan. All new employees, except police officers, hired after
184 September 28, 2009 are required to join the defined contribution pension plan as
185 defined in subsection 2-324 Refer to 457 Plan Document for plan provisions,
186 including age 50 catch-up and special catch-up contributions.
187 (Code 1981, § 2-213; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. of 7-10-2000; Ord. No.
188 2016-10 , 6-13-2016)
189 Sec. 2-39480-452. - Contributions.
190
191 (a) Employee contributions. For each year while a participant of the deferred
192 compensation plan, a participant shall contribute, by payroll deductions, a percentage of
193 his/her compensation as defined in the deferred compensation plan, which shall be a
194 participant's base pay, plus scheduled overtime, payment for being on-call, except those
195 hours reported for being called out, and any retroactive pay corrections which involve
196 any one of the mentioned payments, up to the legal limits as defined in the deferred
197 compensation plan Employees participating in a city pension plan are eligible to
198 participate in the deferred compensation plan (IRC 457 (b)), in addition to the
199 general employee pension plan, upon submission of the signed elective deferral
200 documentation. Contributions shall be made by voluntary payroll deduction.
201 (b) Employer contributions. The city shall contribute an amount equal to each
202 individual's employee contributions, to a maximum percentage of an employee's
203 compensation as defined in the deferred compensation plan, which shall be a
204 participant's base pay, plus scheduled overtime, payment for being on-call, except those
205 hours reported for being called out, and any retroactive pay corrections which involve
206 any one of the mentioned payments for each participant.
207 (c) Treatment. Treatment of contributions shall be handled in accordance with federal
208 and state laws and the applicable provisions of section 2-341 pertaining to the
209 general employee pension plan IRC 457(a)(1)(A).
210 Sec. 80-453. – Interpretation.
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211 As originally enacted, the deferred compensation plan was a part of the
212 general employee pension plan. The two plans have now been legislatively
213 separated. In the event that it is determined that the separation of the two plans
214 has caused any ambiguity, then reference is made to the applicable provisions of
215 the general employee pension plan in defining, implementing, interpreting, and
216 administering the deferred compensation plan. (Moved from Sec. 2-391)
217 (Code 1981, § 2-214; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. of 6-12-2000; Ord. of
218 7-10-2000; Ord. of 9-11-2000; Ord. No. 2016-10 , 6-13-2016)
219 Secs. 2-395—2-42080-453-80-499. - Reserved.
220
221 DIVISION 3. – GENERAL EMPLOYEE PENSION PLAN
222
223 Sec. 2-3228-500. -– General employee pension plan Eestablished; purpose.
224
225 (a) Generally. There is hereby established the city general employee pension plan.
226 The purpose of the plan is to establish the terms and conditions under which
227 retirement and disability benefits and other benefits shall be provided to eligible
228 employees of the city. The benefits under the plan shall be in addition to amounts
229 received as social security benefits or from any other pension plan.
230 (b) For employee exclusively. This plan is created for the exclusive benefit of the
231 employees of the city and shall be interpreted in a manner consistent with it being
232 an employee's trust, as defined in section 401(a) of the Internal Revenue Code (26
233 USC 401(a)). Therefore, under no circumstances shall any funds contributed to this
234 plan or any assets of the plan or trust ever revert to or be used or enjoyed by the
235 city, nor shall any such funds or assets ever be used other than for the benefits of
236 the employees of the city and their beneficiaries, prior to the satisfaction of all
237 liabilities under this plan to the employees.
238 (Code 1968, § 2-88; Ord. of 1-12-1970; Code 1981, § 2-177; Ord. of 7-26-1993, § 2)
239 Sec. 2-32380-501. - Eligibility of participant.
240
241 Each eligible employee not drawing any retirement benefits from the mayor and city
242 council as of January 1, 1967, shall, upon compliance with the provisions of this
243 division, become a general employee pension plan participant under this division,
244 commencing on July 1, 1967, or at any subsequent time immediately upon his
245 employment. Effective September 28, 2009 the defined benefit general employee
246 pension plan is closed to new participants.
247 (Code 1968, § 2-97; Ord. of 1-12-1970; Code 1981, § 2-178; Ord. of 6-8-1987; Ord. No.
248 2010-13, 6-28-2010)
249 Sec. 2-32480-502. - Participation mandatory; exceptions.
250
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251 The pension plan shall not be construed to give any employee the right to be retained in
252 the employ of the city. All new employees hired after July 1, 1991, shall be required, as
253 a condition of employment, to join the defined benefit general employee pension plan
254 or the defined contribution deferred compensation plan. All new employees hired after
255 September 29, 2009, are required to join the defined contribution pension plan Money
256 Purchase Plan (IRC 401(a)), as defined in Division 4. All participants of the defined
257 benefit general employee pension plan as of September 28, 2009, will remain
258 members of either plan thereafter unless they shall leave the employment of the city,
259 retire, pass away, or elect to terminate their participation in the defined benefit general
260 employee pension plan and become a member of the defined contribution pension
261 plan Money Purchase Plan (IRC 401(a)), as defined in subsection 2-341(f) Division 4.
262 (Code 1968, § 2-97; Ord. of 1-12-1970; Code 1981, § 2-179; Ord. of 5-28-1991; Ord. of
263 5-22-2000; Ord. No. 2010-13, 6-28-2010)
264 Sec. 2-325 80-503. - Defraudment.
265
266 It shall be unlawful for any person to knowingly make any false statement or falsify, or
267 permit to be falsified, any record of the pension plan in an attempt to defraud the plan.
268 (Code 1968, § 2-98; Ord. of 1-12-1970; Code 1981, § 2-180)
269 Sec. 2-326 80-504. - Normal retirement.
270
271 The normal retirement date for each participant shall be the first day of the month
272 following the attainment of the age of 65 years, provided that he has completed ten
273 years of continuous service.
274 (Code 1968, § 2-99; Ord. of 1-12-1970; Code 1981, § 2-181; Ord. of 6-24-1996)
275 Sec. 2-327 80-505. - Early retirement.
276
277 (a) Reduced benefits. A participant who has completed ten years of continuous service
278 and who has attained the age of 55 years may retire at any time within the ten years
279 preceding his normal retirement date; provided, however, that his retirement
280 benefits shall be computed at a reduced rate of one-half percent for each month
281 computed from the date of early retirement to age 65 years.
282 (b) Unreduced benefits.
283 (1) Hired May 1, 1994, or later. For eligible employees hired on or after May 1,
284 1994, a participant who has attained the age of 55 years, and whose attained
285 age plus years of continuous service is equal to or greater than 80, may retire at
286 any time prior to his normal retirement date with no reduction in retirement
287 benefits.
288 (2) Hired before May 1, 1994. For eligible employees hired before May 1, 1994, a
289 participant who has completed 25 years of continuous service, or has attained
290 the age of 50 years and completed 20 years of continuous service may retire at
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291 any time prior to his normal retirement date with no reduction in retirement
292 benefits.
293 (Code 1968, § 2-100; Ord. of 1-12-1970; Code 1981, § 2-182; Ord. of 10-12-1982, § 1;
294 Ord. of 4-25-1994)
295 Sec. 2-328 80-506. - Later retirement.
296
297 If a participant works beyond his normal retirement date, the payment of the
298 participant's retirement benefits shall be deferred until his actual retirement.
299 (Code 1968, § 2-101; Ord. of 1-12-1970; Code 1981, § 2-183; Ord. of 7-26-1993, § 3;
300 Ord. No. 2010-13, 6-28-2010)
301 Sec. 2-329 80-507. - Forced retirement with pension.
302
303 The general employee pension plan board of trustees, upon recommendation of the
304 city council or the city manager, may require retirement in any case where deemed
305 necessary due to the lack of work or inability of the employee to perform with a
306 satisfactory degree of efficiency, provided that the employee qualifies for either normal
307 retirement pursuant to section 2-326 80-504, or early retirement pursuant to section 2-
308 327 80-505. The employee shall then be entitled to receive, commencing on the first
309 day of the month coinciding with or next following his date of retirement, pension
310 benefits equal to the benefits computed in accordance with the provisions of section 2-
311 330 80-508 on the basis of the employee's service completed prior to actual retirement.
312 (Code 1968, § 2-102; Ord. of 1-12-1970; Code 1981, § 2-184)
313 Sec. 2-330 80-508. - Amount of retirement benefits.
314
315 Retirement January 1, 1995, or later. The amount of retirement benefits payable to
316 a participant who retires on or after January 1, 1995, shall be computed on the basis of
317 one-fiftieth of his average actual monthly earnings multiplied by the total number of
318 years of continuous service. Average actual monthly earnings shall be a participant's
319 base pay plus scheduled overtime, payment for being on call, except those hours
320 reported for being called out, and any retroactive pay corrections which involve any one
321 of the mentioned payments during any period of 36 consecutive months in his final ten
322 years of continuous service, which results in the highest average monthly earnings.
323 If an employee's approved absence is the result of a workers compensation injury,
324 the base wages that the employee would have earned had he not been on workers
325 compensation leave will be included when determining the highest 36 consecutive
326 months within his final ten years of continuous service.
327 The value of lost base salary as a result of mandatory furlough shall be added to an
328 employee's final average compensation and considered in the calculation of the amount
329 of retirement benefits, if the time period in which the mandatory furlough was required is
330 within the highest 36 consecutive months or earnings within the final ten years of
331 continuous service.
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332 (Code 1968, § 2-103; Ord. of 1-12-1970; Code 1981, § 2-185; Ord. of 10-12-1982, § 2;
333 Ord. of 7-26-1993, § 4; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. of 7-10-2000; Ord.
334 No. 2010-13, 6-28-2010)
335 Sec. 2-331 80-509. - Form of benefits.
336
337 (a) Normal form. A monthly benefit shall be payable on the first day of the second
338 month preceding the date on which application for such benefit is filed. Payment will
339 be retroactive to the retirement date. Payments of benefits shall be payable monthly
340 thereafter during his lifetime, and terminating with the last payment on the first day
341 of the month of the death of the participant.
342 (b) Death of participant, etc. Upon the death of a participant who has retired, or who is
343 eligible to be retired under any of the provisions of this division, payment shall be
344 made to his their eligible survivors in the amount of 50 percent of the monthly
345 payments to which the participant was or would have been entitled. Upon the death
346 of a participant who has completed a minimum of 20 years of service but is not yet
347 eligible to retire because of age, payment shall be made to his their eligible
348 survivors in the amount of 50 percent of the monthly payment that would have
349 resulted by using his the participant’s service time; however, the benefit is to be
350 computed at a reduced rate of one-half percent for each month the participant was
351 under the correct age for normal retirement. In no instance shall actual monthly
352 payments be less than $200.00, to be effective July 1, 2000. Upon the death of both
353 the participant and eligible survivor, if the benefit payments received in aggregate
354 are less than the member's contributions, the balance of the member's
355 contributions, plus 5 percent interest, will be paid to the surviving beneficiary
356 designated or his estate if no designation has been made and submitted to the
357 general employee pension plan board. The amount of benefit payments received
358 and the amount of the member's contributions shall be determined from the record
359 of the pension board of trustees.
360 (c) Eligible survivor. An eligible survivor shall be one of the following in the order of
361 preference listed:
362 (1) Spouse. The participant's spouse who was married to the participant for at least
363 one year. Surviving spouse shall be required to provide supporting documents
364 of marriage.
365 (2) Children, unmarried.
366 a. The surviving children, biological or legally adopted, of the participant, who
367 have not attained their 18th birthday.
368 b. If said child is attending school on a full-time basis and provides proof of
369 attendance each year of eligibility, with the payment due for the month in
370 which he ceases to attend school on a full-time basis or with the payment
371 due for the month in which his 22nd birthday shall occur, whichever shall
372 occur first.
373 (d) Commencement of payment. Benefits payable to eligible survivors shall commence
374 on the first day of the month following the date of the participant's death.
375 (e) Benefits payable. Benefits payable to eligible survivors shall cease:
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376 (1) Spouse. With respect to an eligible survivor who is a spouse , with the payment
377 due for the month in which their remarriage or death shall occur, whichever
378 occurs first.
379 (2) Children. With respect to an eligible survivor who is a child(ren), with the
380 payment due for the month in which his 18th birthday or death shall occur,
381 whichever shall occur first. Payments shall be made in accordance with
382 subsections (2)a. and b.
383 (f) Eligibility for benefits. The eligibility of any person or persons to receive payment of
384 benefits as an eligible survivor shall be determined conclusively by the general
385 employee pension plan board based on application of such person or persons and
386 any other information which the pension board deems to be appropriate.
387 (Code 1968, § 2-104; Ord. of 1-12-1970; Code 1981, § 2-186; Ord. of 6-8-1987; Ord. of
388 7-26-1993, § 5; Ord. of 4-25-1994; Ord. of 12-11-1995; Ord. of 4-14-1997; Ord. of 5-22-
389 2000; Ord. of 7-10-2000; Ord. of 3-12-2001; Ord. of 5-12-2003; Ord. No. 2010-13, 6-28-
390 2010; Ord. No. 2011-28, 12-12-2011; Ord. No. 2013-10, 7-22-2013 )
391 Sec. 2-332 80-510. - Early retirement due to permanent disability.
392 Any employee who, after completing at least ten years of continuous service, shall be
393 injured or whose health shall become permanently impaired to such an extent as to
394 render him totally and permanently disabled, shall be retired upon application and
395 approval of the general employee pension plan board of trustees. The pension amount
396 will be based upon section 2-330 80-508. There shall be no reduction in benefit.
397 (Code 1968, § 2-105; Ord. of 1-12-1970; Code 1981, § 2-187; Ord. No. 2010-13, 6-28-
398 2010)
399 Sec. 2-333 80-511. - Total and permanent disability.
400
401 (a) Definition. As used in this division, a participant shall be deemed to be "totally and
402 permanently disabled" when the general employee pension plan board of trustees,
403 on the basis of a medical examination by a physician or physicians selected by the
404 pension board of trustees, finds the employee:
405 (1) Work generally. To be totally and permanently prevented from engaging in any
406 occupation or employment for remuneration or profit as a result of bodily or
407 mental injury or disease, whether occupational or nonoccupational in cause; or
408 (2) Employment. To be totally and permanently prevented from continuing in his
409 their capacity as an employee as a result of bodily or mental injury or disease,
410 whether occupational or nonoccupational in cause.
411 (b) Exclusions. Total and permanent disability, within the terms of this division, shall
412 exclude disability resulting from or consisting of chronic alcoholism, addiction to
413 narcotics, engaging in a felonious criminal act for which he is they are found guilty,
414 or a willful effort on his their part to bring about the injury or illness to himself
415 themselves or any other person or service in the armed forces of any foreign
416 country.
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417 (Code 1968, § 2-107; Ord. of 1-12-1970; Code 1981, § 2-188; Ord. of 5-22-2000)
418 Sec. 2-334 80-512. - Commencement of disability benefits.
419
420 (a) Removed from payroll. A participant who files for a disability pension shall not work
421 and be kept on the active payroll and receive credited service from the inception of
422 the disability to the end of the first full calendar month following the date of
423 application.
424 (b) Change in compensation; leave. During the application period above, the
425 participant's compensation shall not be increased.
426 (c) Commencement of benefits. The eligibility for payment of disability benefits under
427 this *division shall commence, if approved, on the first day of the month following
428 the application period set forth in subsection (a).
429 (Code 1968, § 2-107; Ord. of 1-12-1970; Code 1981, § 2-189; Ord. of 8-10-1987; Ord.
430 No. 2010-13, 6-28-2010)
431 Sec. 2-335 80-513. - Termination of employment.
432 (a) Forfeiture of participation. Any participant whose employment is terminated prior to
433 the date he becomes eligible for retirement benefits shall forfeit his status as a
434 participant in the pension plan and all accumulated credit for continuous service.
435 (b) Ten years' service. Any participant with a minimum of ten years of continuous
436 service and whose employment is terminated prior to the date he becomes eligible
437 for retirement benefits under section 2-326 80-504 - Normal retirement, 2-327 80-
438 505 - Early retirement, 2-328 80-506 - Later retirement or 2-332 80-510 - Early
439 retirement due to permanent disability, upon attaining the age of 65 years, shall
440 be eligible for retirement pension benefits under the provisions of section 2-330
441 80-508 - Amount of retirement benefits, upon application to the pension board of
442 trustees. The form of the benefit will be based on the formula which was in effect at
443 the time of termination.
444 (c) Layoffs. Upon recall, any participant whose employment is terminated due to a
445 layoff and is recalled within five years of layoff, may apply to the pension board to
446 have their previous service credits restored immediately. If they have withdrawn
447 their contributions, they must repay them as calculated by the city's actuary. A
448 returning employee must make an election to return previously refunded amounts,
449 plus calculated interest, within 30 days of approval of the general employee
450 pension plan board. Contributions will be reimbursed based on the gross amount
451 received. Participants who are laid off and not recalled within five years shall forfeit
452 their status as a participant in the pension plan and all accumulated credit for
453 continuous service.
454 (d) Request for refund. When an employee leaves the employment of the city and is
455 entitled to withdraw his contributions with interest thereon at the rate of five
456 percent per annum, compounded annually from the last day of the plan year
457 in which such contribution was made to the earlier of the date of
458 commencement of retirement income or the date on which contributions are
459 payable pursuant to the provisions of the plan, then he shall submit a written
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460 notarized request for a refund of these contributions before payment shall be made.
461 Refunds will be issued 90 days from the date when the notarized request is
462 received. Contributions will automatically be refunded five years from date of
463 separation.
464 (Code 1968, § 2-108; Ord. of 1-12-1970; Code 1981, § 2-190; Ord. of 10-12-1982, § 3;
465 Ord. of 11-28-1988; Ord. of 7-26-1993, § 6; Ord. of 4-25-1994; Ord. of 4-14-1997; Ord.
466 of 7-10-2000; Ord. of 5-12-2003; Ord. of 10-8-2007(3); Ord. No. 2010-13, 6-28-2010)
467 Sec. 2-336 80-514. - Cessation of disability pension benefits.
468
469 (a) A participant shall cease to qualify for disability pension benefits:
470 (1) Recovered. At the time that a the general employee pension plan board of
471 trustees determines, on the basis of a medical examination by a physician or
472 physicians selected by the pension plan board, that a participant is no longer
473 totally and permanently disabled or has sufficiently recovered, but refuses to
474 resume his their regular occupation as an employee or to be reemployed by the
475 city in some other position for which he is they are suited or which is
476 appropriate to his their training and experience;
477 (2) Refuses examination. When the participant refuses to undergo a medical
478 examination requested by the general employee pension plan board of
479 trustees; or
480 (3) Age 65 years. On the first day of the month coinciding with or next following the
481 participant's 65th birthday.
482 (b) Upon the occurrence of the earliest of the above events, disability pension benefits
483 shall cease, except that, if the event of subsection (a)(3) of this section occurs,
484 payment of the normal retirement benefits shall commence on that date, in the
485 same amount as the disability pension benefits.
486 (Code 1968, § 2-109; Ord. of 1-12-1970; Code 1981, § 2-191)
487 Sec. 2-337 80-515. - Effect of state workers' compensation on disability benefits.
488
489 Any disability pension benefits received by a participant under the terms of this
490 *division as the result of an injury or illness compensable under the workers'
491 compensation laws of the state shall be reduced by the amount of the workers'
492 compensation payments actually received by the participant.
493 (Code 1968, § 2-110; Ord. of 1-12-1970; Code 1981, § 2-192)
494 Sec. 2-338 80-516. - Benefits to cease upon reemployment; exceptions.
495
496 The Internal Revenue Code has provided guidance that to be considered
497 retired for purposes of prohibitions against “in-service distributions”, one must
498 have an at least six (6) month break before returning to employment with the
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499 same employer and that such a return cannot be pre-planned at the time of
500 retirement. If the individual is under the normal retirement age of 65, the
501 individual will be subject to an annual earnings limit of $30,000.
502
503 Any employee of the city who is receiving, or who shall receive, benefits under this
504 *division, and who is thereafter reemployed by the city or appointed to any position by
505 the mayor or council bearing remuneration, shall cease to draw benefits during the
506 period of reemployment. Upon termination of the reemployment, the benefits shall be
507 restored. The provisions of this section shall not apply to any employee who receives
508 remuneration as a result of being elected or appointed to an elective or appointed office
509 in the city, nor to any employee reemployed by the city in a temporary
510 casual/seasonal capacity, not to exceed 180 calendar days. Employees would be
511 eligible to return to temporary casual/seasonal status immediately following retirement.
512
513 Casual/seasonal employees may be employed by the City on a temporary
514 basis in order to provide assistance for the following situations:
515
516 (a) Casual assistance. Employee is needed on a sporadic or on-call basis
517 where hours cannot be predetermined and vary greatly from week to week.
518 Such employees may be used as needed.
519
520 (b) Seasonal assistance. Employee is needed for peak operating seasons.
521
522 (c) Project assistance. Employee performs duties related to a specific project
523 that has defined objectives and an established time period of completion
524 that does not exceed 180 calendar days.
525
526 (d) Primary incumbent replacement. Employee is needed to fulfill the job
527 responsibilities of the primary incumbent who is unable to perform such
528 responsibilities for an extended period of time. Such employees may be
529 used for a maximum of 180 calendar days or the length of time the
530 incumbent is unable to perform the job responsibility, whichever is less.
531
532 (e) Contracting. Any individual participating in the plan who contracts with
533 the City or represents any private enterprise that has a contract with an
534 employer participating in the plan must have a 6-month separation from
535 their effective date of retirement if the individual is under 65. The City
536 shall maintain, in a form prescribed by the Human Resources Director, a
537 certification of the worker’s status. The certification will be used for a
538 determination of the individual meeting the definition of eligible employees
539 under this section.
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540 (Code 1968, § 2-111; Ord. of 1-12-1970; Code 1981, § 2-193; Ord. of 8-27-1990; Ord.
541 of 4-25-1994; Ord. of 6-11-2007; Ord. No. 2010-13, 6-28-2010)
542 Sec. 2-339 80-517. - Benefit assignment, transfer, etc.
543
544 No participant or beneficiary under the plan shall assign, transfer, hypothecate,
545 encumber, commute or anticipate any interest he may have in payments, funds or
546 contracts under this plan. No interest shall in any way be subject to any legal process,
547 levy of execution, attachment or garnishment proceedings for the payment of any claim
548 against the participant or any beneficiary under the plan, nor shall any such interest be
549 subject to the jurisdiction of any bankruptcy court or insolvency proceedings.
550 (Code 1968, § 2-112; Ord. of 1-12-1970; Code 1981, § 2-194)
551 Sec. 2-340. - Correction of payment errors.
552 Should any change or error in the records result in any member or beneficiary
553 receiving from the plan more or less than he would have been entitled to receive had
554 the records been correct, the pension board of trustees shall have the power to correct
555 the error, and as far as practicable and just, to adjust the payments in a manner that the
556 equivalent of the benefit to which the member or beneficiary was correctly entitled shall
557 be paid.
558 (Code 1968, § 2-113; Ord. of 1-12-1970; Code 1981, § 2-195)
559 Sec. 2-34180-518. - Contributions.
560
561 (a) Payroll deductions
562 (1) Amount. For each year, while a participant of the plan, a participant shall
563 contribute, by payroll deductions, an amount equal to 3½ percent of his average
564 actual monthly earnings as described in section 2-330 80-508 - Amount of
565 retirement benefits (effective May 1, 1994).
566 (2) Employer contributions. The city, pursuant to the provisions of section 414(h)(2)
567 of the United States Internal Revenue Code (26 USC 414(h)(2)), shall pick up
568 and pay the contributions which would otherwise be payable by the employee
569 under this section. The contributions so picked up shall be treated as employer
570 contributions for purposes of determining the amounts of federal income taxes
571 to be withheld from the employee's compensation.
572 (3) Employee contributions picked up by city. Employee contributions picked up by
573 the city shall be paid from the same source of funds used for the payment of
574 compensation to an employee. A deduction shall be made from each
575 employee's compensation equal to the amount of the employee's compensation
576 picked up by the employer. This deduction, however, shall not reduce the
577 employee's compensation for purposes of computing benefits under the
578 retirement system pursuant to this *division.
579 (4) Employee contributions credited.
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580 a. Employee contributions shall be credited to a separate account within the
581 employee's individual account so that the amount contributed prior to the
582 effective date for the pickup of employee's contributions may be
583 distinguished from the amounts contributed on or after the effective date.
584 b. The contributions, although designated as employee contributions, are
585 being paid by the employer in lieu of the contributions by the employee. The
586 employee will not be given the option of choosing to receive the contributed
587 amounts directly instead of having them paid by the employer to the
588 retirement system.
589 (b) City contributions. The city shall make such contributions as necessary to meet the
590 requirements of the plan. Effective May 1, 1994, the city shall pick up the employee
591 contributions by a reduction in current earnings. Such picked up contributions shall
592 be treated as employer contributions in determining tax treatment under the Internal
593 Revenue Code; however, the contributions so picked up shall be included in
594 earnings for purposes of the plan. Participant contributions which are picked up
595 shall be treated, for all purposes of this plan, in the same manner as participant
596 contributions made prior to May 1, 1994.
597 (c) Other contributions. The general employee pension plan board of trustees shall
598 receive all appropriations, contributions and interest allowances as may be received
599 from time to time by the city from the state or any other source, and designated
600 specifically for employee pensions.
601 (d) Withdrawal from plan. A member who withdraws from the general employee
602 pension plan for any reason, other than retirement, death or disability, may request
603 his their accumulated contributions, plus 5 percent interest, be paid to him them
604 after such date of withdrawal; provided, however, his their contributions shall not be
605 refunded to him them earlier than 90 days after receipt of his their notarized
606 application for the same.
607 (e) Death of ineligible member. Upon the death of a member not eligible to retire under
608 any provision of this *division, his their employee contributions shall be payable in a
609 single sum to his their designated beneficiary or his their estate if no designation
610 has been made.
611 (f) Defined contribution. Each eligible employee not drawing any retirement benefits
612 from the city as of February 1 of each year who makes an irrevocable decision to
613 join the defined contribution plan shall become a defined contribution plan
614 participant on February 1 of that same year and shall forfeit participation in the city
615 employee's pension plan. A member who withdraws from the pension plan in this
616 manner shall have his accumulated contributions paid to him after such date of
617 withdrawal and he shall forfeit any other payments from the pension plan.
618 (Code 1981, § 2-196; Ord. of 10-12-1982, § 4; Ord. of 12-13-1982; Ord. of 7-11-1983;
619 Ord. of 4-25-1994(2); Ord. of 12-11-1995; Ord. of 7-10-2000; Ord. of 5-12-2003; Ord.
620 No. 2010-13, 6-28-2010)
621 Sec. 2-342 80-519. - City paramedics transferred to county.
622
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623 Notwithstanding any other provision of this division, all persons employed by the city
624 as paramedics, who are transferred to the county emergency medical services
625 department and who make a written election to remain in the city general employee
626 pension plan, shall continue to be considered eligible employees within the meaning of
627 the pension plan as long as they are employed by the county emergency medical
628 services department. All pension benefits for any such paramedic shall be calculated as
629 if the paramedic had remained a city employee during his employment with the county
630 emergency medical services department.
631 (Code 1981, § 2-197; Ord. of 8-26-1991)
632 Sec. 2-343. - Limitation on benefits.
633 To the extent necessary, the participant's benefit under this plan and all plans of the
634 city shall be limited in accordance with section 415 of the Internal Revenue Code (26
635 USC 415) and the regulations thereunder, and such code section and regulations shall
636 hereby be incorporated herein.
637 (Code 1981, § 2-198; Ord. of 7-26-1993, § 7)
638 Sec. 2-344. - Distributions.
639 All distributions from this plan shall be made in accordance with section 401(a)(9) of
640 the Internal Revenue Code (26 USC 401(a)(9)) and the regulations thereunder, and
641 such code section and regulations shall hereby be incorporated herein.
642 (Code 1981, § 2-199; Ord. of 7-26-1993, § 8)
643 Sec. 2-345. - Maximum compensation.
644 The maximum earnings utilized for purposes of determining benefits shall be limited
645 in accordance with section 401(a)(17) of the Internal Revenue Code (26 USC
646 401(a)(17)) and the regulations thereunder, and such code section and regulations shall
647 hereby be incorporated herein.
648 (Code 1981, § 2-200; Ord. of 7-26-1993, § 9)
649 Secs. 2-346—2-360. - Reserved.
650
651 Subdivision II.Sec. 80-520 -– General employee pension plan Bboard of Trustees;
652 established; duties.
653
654 Sec. 2-361. - Established; duties.
655
656 There is hereby established a general employee pension plan board, of trustees
657 the duties of which shall be to manage the citygeneral employees pension plan.
658 (Code 1968, §§ 2-72, 2-89; Ord. of 1-12-1970; Code 1981, § 2-201; Ord. of 5-22-2000)
659 Sec. 2-36280-521. - Composition.
660
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661 The general employee pension plan board of trustees shall consist of the following
662 persons:
663 (1) Manager. The city manager.
664 (2) City officials. Two elected city officials who shall be appointed by the council
665 president, subject to confirmation of a voting majority of the city council at its
666 annual meeting.
667 (3) Participants. Three participants or retired participants of the plan who shall be
668 elected by the participants and retired participants of the plan.
669 (4) Controller/treasurer. The city controller/treasurer.
670 (5) Election.
671 (a) Such election shall be for three-year staggered terms, beginning July 1
672 and ending June 30 three years later. A regular election for filling these positions
673 will be held the third week of June each year.
674 (b) In the first week of April of each year, the city clerk shall notify those
675 eligible to vote of the exact time and place of the election. Any general
676 employee pension plan member that is eligible to vote and appears on the listing
677 of qualified voters who will be unable to appear at the polling place on the date
678 and time of the election may cast his or her vote by absentee ballot in the
679 general employee(s pension plan election for the following reasons: 1) armed
680 forces, 2) public service, 3) occupation, 4) sickness, 5) disability, 6) religion, 7)
681 vacation, or 8) residency outside of the Dover area which makes it infeasible to
682 vote in person.
683 (Code 1968, §§ 2-89, 2-90; Ord. of 1-12-1970; Code 1981, § 2-202; Ord. of 5-10-1982;
684 Ord. of 8-23-1982; Ord. of 11-26-1990, § 5; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord.
685 of 10-8-2007(1); Ord. No. 2009-23, 10-26-2009)
686 Sec. 2-363 80-522. - Term of office of members.
687
688 The term of office of each member of the general employee pension plan board of
689 trustees, except the city controller/treasurer, city manager, and elected city officials,
690 shall commence on the first day of the month following his their election and continue
691 for a period of three years or until his their successor shall be elected and qualified.
692 (Code 1968, § 2-91; Ord. of 1-12-1970; Code 1981, § 2-203; Ord. of 8-23-1982; Ord. of
693 4-25-1994; Ord. of 5-22-2000; Ord. No. 2009-23, 10-26-2009)
694 Sec. 2-364 80-523. - Officers and ex officio members.
695
696 The general employee pension plan board of trustees shall elect a chairperson, a
697 vice-chairperson who shall serve when the chairperson is absent, a secretary and a
698 treasurer or fiscal agent designated by the pension board. The city controller/treasurer
699 shall be the pension fund treasurer and his their bond shall cover all monies deposited
700 with him them.
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701 (Code 1968, § 2-1992; Ord. of 1-12-1970; Code 1981, § 2-204; Ord. of 4-25-1994; Ord.
702 of 5-22-2000; Ord. No. 2009-23, 10-26-2009)
703 Sec. 2-365 80-524. - Vacancies.
704
705 If a vacancy occurs in the offices of the general employee pension plan board of
706 trustees, the vacancy shall be filled for the unexpired term within 60 days and in the
707 same manner as the office was originally filled. Should a member of the pension plan
708 board of trustees cease to be in the employ of the city, other than by retiring in
709 accordance with this *division, his their office as a member of the board shall be
710 declared vacant.
711 (Code 1968, § 2-95; Ord. of 1-12-1970; Code 1981, § 2-205; Ord. of 5-22-2000; Ord. of
712 10-8-2007(2))
713 Sec. 2-366 80-525. - Compensation of members.
714
715 Members of the general employee pension plan board of trustees shall serve
716 without compensation.
717 (Code 1968, § 2-89; Ord. of 1-12-1970; Code 1981, § 2-206; Ord. of 5-22-2000)
718 Sec. 2-367 80-526. - Meetings.
719 The general employee pension plan board of trustees shall make all rules as to
720 the time and place of meetings; and a majority of its membership shall be required to
721 transact pension board business.
722 (Code 1968, § 2-94; Ord. of 1-12-1970; Code 1981, § 2-207; Ord. of 5-22-2000)
723 Sec. 2-368 80-527. - Powers.
724
725 The general employee pension plan board of trustees, in administering the
726 pension plan, shall have the following powers in carrying out the purposes thereof:
727 (1) Payment of funds. To pay funds to those entitled to receive them. The pension
728 board chairperson controller/treasurer shall sign all vouchers for the
729 disbursements of the funds and his written order shall fully protect the pension
730 board treasurer or fiscal agent designated by the pension board in the payment
731 of those fundsshall report to the general employee pension board all
732 financial transactions on an annual basis;
733 (2) Purchase annuity contracts. To purchase and pay the costs of group annuity
734 contracts from any insurance company for the benefit of participants;
735 (3) Employment of agents, employees, etc. To employ agents, employees or
736 experts to assist the pension board of trustees in carrying out the provisions of
737 this *division, including an agent to advise and make recommendations
738 concerning the investment of funds, and to pay reasonable compensation for
739 those services, and the compensation may be paid from income or corpus of
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740 the pension fund or by direct appropriation by the city council as the pension
741 board of trustees and the city council may determine;
742 (4) Investments. To invest and reinvest money in the pension fund, without any
743 limitation, in United States or state municipal bonds or group annuity contracts.
744 Money in the pension fund may also be invested and reinvested in other types
745 of bonds, stocks, and securities to the extent the pension board of trustees may
746 deem best and as is not prohibited by any law now or hereafter in force limiting
747 the investments of the trustees. The pension board of trustees may from time to
748 time change the investments of the fund and, to this end, may make sales of
749 any investment privately, without advertisement and without the necessity of
750 any court order, upon the terms that the pension board deems proper. The
751 funds and investments may also be from time to time turned over to and placed
752 in the custody of any fiscal agent designated by the pension board;
753 (5) Contracts. To generally contract in matters relevant to effectuating and
754 achieving the purposes of this plan;
755 (6) Pension benefits. To receive and pay out pension benefits in accordance with
756 the provisions of this *division, or designate a fiscal agent to receive and pay
757 out the pension benefits;
758 (7) Rules and regulations. To make rules and regulations as may be necessary to
759 effectuate this *subdivision.
760 (Code 1968, § 2-93; Ord. of 1-12-1970; Code 1981, § 2-208; Ord. of 5-22-2000; Ord. of
761 5-12-2003; Ord. No. 2010-13, 6-28-2010)
762 Sec. 2-369 80-528. - City solicitor to render legal services.
763
764 The city solicitor shall render whatever legal service the general employee pension
765 plan board of trustees shall require.
766 (Code 1968, § 2-115; Ord. of 1-12-1970; Code 1981, § 2-209; Ord. of 5-22-2000)
767 Sec. 2-370 80-529. - Appeals.
768
769 Any employee dissatisfied with the action of the general employee pension plan
770 board of trustees shall have the right to appeal to the city council within 30 days from
771 the date of formal notification of that action.
772 (Code 1968, § 2-116; Ord. of 1-12-1970; Code 1981, § 2-210; Ord. of 5-22-2000)
773 Secs. 2-371—2-390. - Reserved. Sec. 80-530-80-599. – Reserved.
774
775 DIVISION 8. - DEFERRED COMPENSATION PLAN
776
777 Sec. 2-391. - Definitions; interpretation.
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778 (a) Terms defined. As indicated in this division, unless the context otherwise clearly
779 indicates or the deferred compensation plans contradict, the following terms shall
780 mean as indicated below:
781 Eligible employee means any person regularly employed in rendering service to the
782 city on a full-time basis who is not participating in any retirement plan to which the city
783 contributes for them and whose compensation is paid directly by the city. An employee
784 will be considered a full-time employee if he/she regularly works 40 hours each week.
785 Participant means any eligible employee of the city who has met all of the
786 requirements for participation in the deferred compensation plan and has, upon
787 employment, made an irrevocable election to participate in the deferred compensation
788 plan as defined in this subsection (a) and who has satisfied all the conditions and
789 requirements set forth in this division and in the provisions of the plans.
790 (b) Interpretation. As originally enacted, the deferred compensation plan was a part of
791 the general employee pension plan. The two plans have now been legislatively
792 separated. In the event that it is determined that the separation of the two plans has
793 caused any ambiguity, then reference is made to the applicable provisions of the
794 general employee pension plan in defining, implementing, interpreting, and
795 administering the deferred compensation plan. (Moved to Sec. 80-453.)
796 (Code 1981, § 2-211; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. of 6-12-2000; Ord. of
797 7-10-2000; Ord. of 9-11-2000; Ord. No. 2016-10 , 6-13-2016)
798 Sec. 2-392. - Established; purpose.
799 There is hereby established the city employee deferred compensation plan. The
800 purpose of the plan is to establish the basic terms and conditions under which
801 employees shall participate in this plan. Further details, terms and conditions under
802 which retirement, termination, and survivor benefits shall be provided to eligible
803 employees are defined in the deferred compensation plan.
804 (Code 1981, § 2-212; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. of 6-12-2000; Ord. of
805 7-10-2000; Ord. of 9-11-2000)
806 Sec. 2-393. - Eligibility of participants.
807 Each eligible employee not drawing any retirement benefits from the city as of May
808 1, 1994, who makes an irrevocable decision to join the deferred compensation plan,
809 shall, upon compliance with the provisions of this division, become a deferred
810 compensation plan participant on May 1, 1994. Thereafter, each eligible employee who
811 selects the deferred compensation plan upon employment shall become a participant in
812 accordance with the plan. All new employees, except police officers, hired after
813 September 28, 2009 are required to join the defined contribution pension plan as
814 defined in subsection 2-324.
815 (Code 1981, § 2-213; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. of 7-10-2000; Ord. No.
816 2016-10 , 6-13-2016)
817 Sec. 2-394. - Contributions.
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818 (a) Employee contributions. For each year while a participant of the deferred
819 compensation plan, a participant shall contribute, by payroll deductions, a
820 percentage of his/her compensation as defined in the deferred compensation plan,
821 which shall be a participant's base pay, plus scheduled overtime, payment for being
822 on-call, except those hours reported for being called out, and any retroactive pay
823 corrections which involve any one of the mentioned payments, up to the legal limits
824 as defined in the deferred compensation plan.
825 (b) Employer contributions. The city shall contribute an amount equal to each
826 individual's employee contributions, to a maximum percentage of an employee's
827 compensation as defined in the deferred compensation plan, which shall be a
828 participant's base pay, plus scheduled overtime, payment for being on-call, except
829 those hours reported for being called out, and any retroactive pay corrections which
830 involve any one of the mentioned payments for each participant.
831 (c) Treatment. Treatment of contributions shall be handled in accordance with federal
832 and state laws and the applicable provisions of section 2-341 pertaining to the
833 general employee pension plan.
834 (Code 1981, § 2-214; Ord. of 4-25-1994; Ord. of 5-22-2000; Ord. of 6-12-2000; Ord. of
835 7-10-2000; Ord. of 9-11-2000; Ord. No. 2016-10 , 6-13-2016)
836 Secs. 2-395—2-420. - Reserved.
837
838 DIVISION 4. – MONEY PURCHASE PLAN (IRC 401(A))
839
840 Sec. 80-600. - Established; purpose.
841
842 There is hereby established a Money Purchase Plan (IRC 401 (a)). The purpose of
843 the plan is to provide pension (retirement) benefits and to establish the basic
844 terms and conditions under which employees shall participate in this plan.
845 Terms and conditions under which retirement, disability, termination, and
846 survivor benefits shall be provided to eligible employees are defined in the Money
847 Purchase Plan documents. The benefits under the plan shall be in addition to
848 amounts received as social security benefits or from any other employers
849 pension plan.
850
851 Sec. 80-601. - For employee exclusively.
852
853 This plan is created for the exclusive benefit of the employees of the city and
854 shall be interpreted in a manner consistent with it being an employee's trust, as
855 defined in section 401(a) of the Internal Revenue Code (26 USC 401(a)). Therefore,
856 under no circumstances shall any funds contributed to this plan or any assets of
857 the plan or trust ever revert to or be used or enjoyed by the city, nor shall any
858 such funds or assets ever be used other than for the benefits of the employees of
859 the city and their beneficiaries, prior to the satisfaction of all liabilities under this
860 plan to the employees.
861
862 Sec. 80-602. - Eligibility of participants.
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863
864 Each eligible employee not drawing any retirement benefits from the city as of
865 May 1, 1994, who makes an irrevocable decision to join the Money Purchase Plan,
866 shall, upon compliance with the provisions of this division, become a Money
867 Purchase Plan participant and shall forfeit participation in the general employee
868 pension plan. A member who withdraws from the general employee pension plan
869 in this manner shall have his/her accumulated contributions paid to him/her after
870 such date of withdrawal and he/she shall forfeit any other payments from the
871 general employee pension plan. Thereafter, each eligible employee who selects
872 the Money Purchase Plan upon employment shall become a participant in
873 accordance with the plan.
874
875 Sec. 80-603. - Participation mandatory; exceptions.
876
877 Each eligible employee not drawing any retirement benefits from the city as of
878 February 1 of each year who makes an irrevocable decision to join the Money
879 Purchase Plan shall become a plan participant on February 1 of that same year
880 and shall forfeit participation in the general employee pension plan. A member
881 who withdraws from the pension plan in this manner shall have his accumulated
882 contributions paid to him after such date of withdrawal and he shall forfeit any
883 other payments from the general employee pension plan.
884
885 The Money Purchase Plan shall not be construed to give any employee the right
886 to be retained in the employ of the city. All employees hired after September 28,
887 2009, except those police officers who are participating in the State of Delaware
888 pension plan, shall be required, as a condition of employment, to join the Money
889 Purchase Plan.
890
891 Sec. 80-604. - Defraudment.
892
893 It shall be unlawful for any person to knowingly make any false statement or
894 falsify, or permit to be falsified, any record of the pension plan in an attempt to
895 defraud the plan.
896
897 Sec. 80-605. - Contributions.
898
899 (a) Employee contributions. For each year while a participant of the Money
900 Purchase Plan, a participant shall contribute, by payroll deductions, a
901 percentage of their compensation, in accordance with the applicable
902 collective bargaining agreements or Money Purchase Plan documents.
903
904 For each year while also a participant of the deferred compensation plan, a
905 participant may elect to contribute, by payroll deductions, a percentage of
906 their compensation, which shall be a participant's base pay, plus
907 scheduled overtime, payment for being on-call, except those hours
908 reported for being called out, and any retroactive pay corrections which
909 involve any one of the mentioned payments, up to the legal limits as
910 defined in the collective bargaining agreement or personnel policy.
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911
912 Employee contributions picked up by the city shall be paid from the same
913 source of funds used for the payment of compensation to an employee. A
914 deduction shall be made from each employee's compensation equal to the
915 amount of the employee's compensation picked up by the employer. This
916 deduction, however, shall not reduce the employee's compensation for
917 purposes of computing benefits under the retirement system pursuant to
918 this division.
919
920 (b) Employer contributions. The city shall contribute an amount equal to each
921 individual's employee contributions, in accordance with the appropriate
922 collective bargaining agreements or Money Purchase Plan documents.
923
924 The city, pursuant to the provisions of section 414(h)(2) of the United
925 States Internal Revenue Code (26 USC 414(h)(2)), shall pick up and pay the
926 contributions which would otherwise be payable by the employee under
927 this section. The contributions so picked up shall be treated as employer
928 contributions for purposes of determining the amounts of federal income
929 taxes to be withheld from the employee's compensation.
930
931 (c) Treatment. Treatment of contributions shall be handled in accordance with
932 federal and state laws.
933
934 Sec. 80-605-80-699. - Reserved.
935
936 ARTICLE VIDIVISION 5. - OTHER POST-EMPLOYMENT BENEFITS FUND (OPEB)
937
938 Sec. 2-501. - Definitions.
939 Board means the board of trustees of the other post employment benefits trust as
940 established by this article.
941 OPEB fund means the other post-employment benefits fund established by section
942 2-502. (Moved to definitions in Article I – In General, Sec. 80-1 – Definitions)
943 (Ord. No. 2009-10, 5-11-2009)
944 Sec. 2-50280-700. - Establishment of OPEB fund.; established.
945
946 (a) There shall be established an OPEB fund, a trust fund, separate and distinct from
947 the General Employee Pension funds and the Police Pension fund, established
948 under chapter 2, article IV, division 7, and chapter 62, article III of the City of Dover
949 Code of Ordinances, the contributions to which are subject to city appropriations
950 and rules regarding employer and/or employee contributions as may be
951 promulgated, changed or amended from time to time, and to which earnings on
952 investments, refunds and reimbursements shall be deposited upon receipt, and
953 from which the city's premiums shall be paid, and any fees and expenses
954 authorized by the board shall be paid. No money shall be disbursed from this fund
955 except for the purpose of payment of the city's premiums for postretirement health
956 insurance for employees retired employees under chapters 2 and 62, Medicare B
Page 23 of 27
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957 premiums for eligible employees, and actuarial and investment consulting
958 fees.
959 (b) The amounts remaining in the OPEB fund, if any, after all premiums, fees, and
960 expenses have been paid for any year shall be retained in such trust for future
961 payments until all city liabilities for post-retirement health insurance premium
962 benefits have been satisfied.
963 (c) The OPEB fund shall be an irrevocable trust exempt from federal income tax under
964 § 115 of the Internal Revenue Code [26 U.S.C. § 115], remote from city creditors,
965 and subject to the financial reporting, disclosure and actuarial requirements of
966 gGovernment aAccounting sStandards bBoard sStatements 43 and 45 or any
967 subsequent gGovernment aAccounting sStandards bBoard updates or statements
968 that may be applicable.
969 (Ord. No. 2009-10, 5-11-2009)
970 Sec. 2-503 80-701. - Management of the OPEB fund OPEB Board; established;
971 duties.
972
973 (a) The board shall be comprised of the controller/treasurer, human resources director,
974 city manager, and two elected city officials. This board shall adopt a trust agreement
975 for the OPEB fund (and may amend the trust agreement from time to time), shall
976 take all actions necessary and appropriate to establish and maintain the OPEB
977 fund, and shall have control and management of the OPEB fund and may utilize its
978 powers pursuant to this chapter in the administration of the OPEB fund.
979 (b) The board shall take the actions necessary and appropriate to establish and
980 maintain the OPEB fund as a trust that is exempt from taxation under Internal
981 Revenue Code § 115 [26 U.S.C. § 115]. The trust shall be maintained and
982 administered by the board solely for the benefit of participants, retirees, and
983 beneficiaries by providing payments for retiree health insurance for medical care in
984 compliance with Internal Revenue Code § 105 [26 U.S.C. § 105] and with this
985 chapter as presented and verified by representatives and/or retiree health insurance
986 service providers of the city.
987 (c) The board shall have no ability or responsibility for setting benefit levels, handling
988 claims, or arbitrating, mediating or otherwise adjudicating claims appeals. Those
989 responsibilities continue to be handled in accordance with the personnel policies of
990 the city.
991 (d) The city shall indemnify a board member in the additional duties contained in this
992 chapter pertaining to the administration and management of the OPEB fund or to sit
993 on a committee of the board who was or is a party or is threatened to be made a
994 party to any threatened, pending or completed action, suit or proceeding, whether
995 civil, criminal, administrative or investigative by reason of the fact that the board
996 member is or was a board member against expenses, (including attorneys' fees if
997 the city solicitor determines that the city solicitor may not provide representation),
998 judgments, fines and amounts paid in settlement actually and reasonably incurred
999 by that board member in connection with such action, suit or proceeding, if the
1000 board member acted in good faith and in a manner the board member reasonably
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1001 believed to be in the best interest of the city and with respect to any criminal action
1002 or proceeding had no reasonable cause to believe that board member's own
1003 conduct was unlawful. Expenses incurred in defending a civil, administrative or
1004 investigative action, suit or proceeding shall be paid by the city in advance of final
1005 disposition of such action, suit or proceeding if:
1006 (1) Initially authorized by a majority vote of the board exclusive of the member or
1007 members to be indemnified unless more than a majority of the board shall also
1008 be parties to the same action, suit or proceeding, in which instance, such
1009 authorization shall be by the Ccity Ccouncil of the City of Dover; and
1010 (2) Such board member agrees to repay such amount if it is ultimately determined
1011 by the board or the city council, as the case may be, pursuant to paragraph (1)
1012 that such member is not entitled to indemnification under this section.
1013 (Ord. No. 2009-10, 5-11-2009)
1014 Sec. 2-504 80-702. - Actuarial valuations.
1015
1016 (a) The actuary shall prepare an biennial actuarial valuation of the assets and liabilities
1017 of the OPEB fund as of June 30 each year as prescribed by the Governmental
1018 Accounting Standards Board. On the basis of reasonable actuarial assumptions
1019 and tables approved by the board, the actuary shall determine:
1020 (1) The city's annual required determined contribution for payment of the city's
1021 premiums for post- retirement health insurance for employees under the
1022 personnel policies of the city;
1023 (2) Any unfunded actuarial accrued liability.
1024 (b) The city anticipates making contributions to the OPEB fund in such a manner that it
1025 will ultimately contribute its full annual required determined contribution within a
1026 period of years. In the interim, use of the OPEB fund assets to pay retiree health-
1027 care-related premiums will be subject to the appropriations process of the city and
1028 the contribution and distribution processes necessary to carry out the efficient
1029 processing of retiree premium payments by the city. It is further anticipated that for
1030 auditing and reporting convenience, each current year's retiree healthcare
1031 expenses will be contributed and distributed from the OPEB fund without respect to
1032 whether the full annual required contribution has been deposited.
1033 (Ord. No. 2009-10, 5-11-2009)
1034 Sec. 80-703. – Post-retirement benefits.
1035 (a) Retiree health care.
1036 Health care shall be provided in accordance with the appropriate collective
1037 bargaining agreement or City of Dover Personnel Policy.
1038 The City shall provide group hospital, surgical, and health insurance coverage for
1039 eligible retired employees and their families in accordance with the appropriate
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1040 collective bargaining agreement or City of Dover Personnel Policy. The cost of
1041 dependent care coverage in retirement is the retiree’s responsibility. This applies
1042 to all retirees, unless otherwise specified in employee labor agreements.
1043
1044 (1) Eligibility. Employees retiring under the following conditions may be
1045 eligible for retiree health care:
1046
1047 a. Normal retirement. The normal retirement date for each
1048 participant shall be the first day of the month following the attainment of
1049 the age of 65 years, provided that he has completed ten years of
1050 continuous service.
1051
1052 b. Early retirement.
1053 (1) Age 55 with 10 years of service. A participant who has
1054 completed ten years of continuous service and who has
1055 attained the age of 55 years may retire at any time within the
1056 ten years preceding his normal retirement date.
1057 (2) Hired May 1, 1994, or later. For eligible employees hired
1058 on or after May 1, 1994, a participant who has attained the age
1059 of 55 years, and whose attained age plus years of continuous
1060 service is equal to or greater than 80.
1061 (3) Hired before May 1, 1994. For eligible employees hired
1062 before May 1, 1994, a participant who has completed 25 years
1063 of continuous service, or has attained the age of 50 years and
1064 completed 20 years of continuous service.
1065 (4) Permanent disability. Any employee who, after
1066 completing at least ten years of continuous service, shall be
1067 injured or whose health shall become permanently impaired to
1068 such an extent as to render him/her totally and permanently
1069 disabled, shall be eligible upon application to the Human
1070 Resources Director and approval by the City Manager.
1071 (5) Later Retirement. If a participant works beyond his
1072 normal retirement date, the participant's post-employment
1073 benefits shall be deferred until his actual retirement.
1074 Sec. 2-505.(b) - Medicare part B premium reimbursements.
1075
1076 Effective July 27, 2009, Medicare Part B premium reimbursement was discontinued for
1077 non-bargaining employees hired after that date. Employees hired on or before July 27,
1078 2009 who were not previously entitled to Medicare Part B premium reimbursement and
1079 who were promoted or transferred to a non-bargaining position after May 28, 2013 (date
1080 of adoption), shall not be entitled to the reimbursement.
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1081 The city will continue the practice of providing provide the standard Medicare Part B
1082 premium reimbursement for non-bargaining employees hired on or before July 27, 2009
1083 and those eligible due to promotion or transfer to a non-bargaining position on or before
1084 May 28, 2013 (date of adoption), with the understanding that it is not considered a
1085 vested right and can be changed or eliminated by council at any time by ordinance or
1086 resolution enacted to that effect and, further, as required by Section 3 of the Charter,
1087 that the fund for payment of the costs of such premium reimbursement shall be
1088 continued, as in the past.
1089 (Ord. No. 2010-05, 4-12-2010; Ord. No. 2013-07, 5-28-2013)
1090 ADOPTED: *
1091 S:\Ordinances\2017\Ordinance #2017-03 – New Chapter 80 - Personnel
1092
1093 SYNOPSIS
1094 The Proposed Ordinance consolidates all pension related ordinances into
1095 a new Chapter 80 - Personnel
1096
1097 *
1098 (SPONSORS: COLE, HOSFELT, AND HUTCHISON)
1099
1100 Actions History
1101 01/10/2016 - Scheduled for Introduction at Legislative, Finance, and
1102 Administration Committee
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