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REGULAR COUNCIL MEETING
AGENDA
NOVEMBER 13, 2017 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER, DELAWARE
OPEN FORUM - 30 MINUTES PRIOR TO OFFICIAL MEETING (7:00 P.M.)
THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC
TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF
ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN
FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN
COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION
SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR
AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE.
INVOCATION BY BISHOP THOMAS L. HOLSEY
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN ANDERSON
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON-
CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) AND WILL BE ACTED UPON BY A SINGLE
ROLL CALL VOTE OF THE COUNCIL. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS A MEMBER OF COUNCIL SO REQUESTS, IN WHICH EVENT THE MATTER SHALL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE ITEM.
* 1. ADOPTION OF MINUTES
A. SPECIAL COUNCIL MEETING OF OCTOBER 23, 2017
B. REGULAR COUNCIL MEETING OF OCTOBER 23, 2017
2. PROCLAMATION - GEOGRAPHIC INFORMATION SYSTEMS (GIS) DAY AND GEOGRAPHY
AWARENESS WEEK
3. RESOLUTION NO. 2017-14 - DEDICATION OF THE CITY OF DOVER POLICE DEPARTMENT
PUBLIC ASSEMBLY ROOM - JAMES L. HUTCHISON, SR.
* 4. SPECIAL DOVER HUMAN RELATIONS COMMISSION REPORT - SEPTEMBER 21, 2017
A. DHRC COMMITTEE UPDATES
B. STATE HUMAN RELATIONS COMMISSION LIAISON REPORT (HERBERT)
C. FUTURE MEETING DATES
(COMMISSION RECOMMENDED THAT THE DHRC MEET ON THE THIRD THURSDAY OF THE
MONTH AT 6:00 P.M.)
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COUNCIL AGENDA - NOVEMBER 13, 2017 PAGE 2
* 5. SPECIAL DOVER HUMAN RELATIONS COMMISSION REPORT - OCTOBER 19, 2017
A. DHRC COMMITTEE UPDATES
B. STATE HUMAN RELATIONS COMMISSION LIAISON REPORT (HERBERT)
* 6. COUNCIL COMMITTEE OF THE WHOLE REPORT - OCTOBER 24, 2017
A. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
(1) UPDATE - ALTERNATIVE TO SPEED BUMPS - ANN AVENUE (SUDLER)
(COMMITTEE ACTION NOT REQUIRED)
B. UTILITY COMMITTEE
(1) AMERICANS WITH DISABILITIES ACT SIDEWALK COMPLIANCE - LINCOLN STREET
(COMMITTEE RECOMMENDED APPROVAL OF THE PROPOSED SIDEWALK
ORIENTATION TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT)
(2) CONWELL STREET DISCUSSION
(COMMITTEE RECOMMENDED THAT THE CONCERNS OF RESIDENTS OF CONWELL
STREET BE DIRECTED TO THE STATE LEGISLATORS FOR THAT DISTRICT AND
REQUEST THAT THE STATE OF DELAWARE TAKE OWNERSHIP OF THAT STREET)
C. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
(1) PROPOSED ORDINANCES
(A) #2017-14 AMENDING CHAPTER 30 - CODE OF CONDUCT AND ETHICS
COMMISSION, AND APPENDIX F - FEES AND FINES (CITY OF DOVER ETHICS
INITIATIVE) (SPONSORS: LINDELL, POLCE, AND SLAVIN)(SEE ITEM #11-A)
(COMMITTEE RECOMMENDED ADOPTION OF PROPOSED ORDINANCE #2017-14)
(B) #2017-15 AMENDING CHAPTER 34 - ELECTIONS, ARTICLE III - ABSENTEE
VOTING (SPONSORS: ANDERSON AND LINDELL)(SEE ITEM #11-B)
(COMMITTEE RECOMMENDED ADOPTION OF PROPOSED ORDINANCE #2017-15)
(2) UPDATE - RESOLUTION NO. 2017-10 - ESTABLISHING THE “MAKING DOVER
PROSPER” INITIATIVE
(COMMITTEE ACTION NOT REQUIRED)
(3) DISCUSSION - DEVELOPMENT OF POLICIES/PROCEDURES
(A) LEGAL OPINIONS
(COMMITTEE RECOMMENDED THAT MRS. DONNA MITCHELL, ACTING CITY
MANAGER, COMPILE THE COSTS ASSOCIATED WITH LEGAL OPINIONS
REQUESTED IN FY 17 AND YEAR-TO-DATE FY 18 CORRELATED BY
REQUESTOR)
(COMMITTEE RECOMMENDED THAT THE CITY CLERK'S OFFICE DEVELOP A
RECOMMENDED PROCEDURE FOR REQUESTING LEGAL OPINIONS)
(B) EXCUSED ABSENCES
(COMMITTEE RECOMMENDED THAT THE CITY CLERK'S OFFICE DEVELOP A
PROCEDURE FOR COUNCIL MEMBERS TO REQUEST BEING EXCUSED FOR
ABSENCES, WITH THE LEVEL OF SPECIFICITY TO BE DETERMINED BY THE
PERSON REQUESTING IT, AND THAT MEMBERS' REQUESTS BE PLACED ON THE
CONSENT AGENDA FOR THE NEXT MEETING SO THAT AN ACTION OF COUNCIL
GRANTS THE EXCUSE)
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COUNCIL AGENDA - NOVEMBER 13, 2017 PAGE 3
* 7. MONTHLY REPORTS - SEPTEMBER 2017
A. CITY ASSESSOR’S REPORT
B. CITY COUNCIL’S COMMUNITY ENHANCEMENT FUND REPORT
C. CITY MANAGER’S REPORT
D. CITY PLANNER’S REPORT
E. CONTROLLER/TREASURER’S BUDGET REPORT
F. FIRE CHIEF’S REPORT
G. POLICE CHIEF’S REPORT
* 8. QUARTERLY REVIEW OF OPERATIONS/REVENUES - PASSPORT ACCEPTANCE FACILITY
* 9. APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT SLAVIN - HUMAN RELATIONS
COMMISSION - GERALD L. ROCHA, SR. - FIRST DISTRICT (TO FILL THE EXPIRED TERM OF
S. RENEE SMITH - TERM TO EXPIRE FEBRUARY 2020)
10. COUNCIL AND COMMITTEE MEETINGS - HOLIDAY SCHEDULE
(CANCELLATION OF DECEMBER 25, 2017 CITY COUNCIL MEETING, DECEMBER 26, 2017
COUNCIL COMMITTEE OF THE WHOLE MEETING, AND DECEMBER 27, 2017 ECONOMIC
DEVELOPMENT COMMITTEE MEETING)
11. FIRST READING - PROPOSED ORDINANCES
THE FIRST READING IS OFFERED ON THE FOLLOWING PROPOSED ORDINANCES. FINAL ACTION
BY COUNCIL WILL TAKE PLACE DURING THE SECOND READING ON NOVEMBER 27, 2017. THE
ORDINANCES ARE AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S
WEBSITE AT WWW.CITYOFDOVER.COM UNDER “GOVERNMENT,” OR BY CONTACTING THE CITY
CLERK'S OFFICE AT 736-7008 OR CITYCLERK@DOVER.DE.US.
A. #2017-14 AMENDING CHAPTER 30 - CODE OF CONDUCT AND ETHICS COMMISSION, AND
APPENDIX F - FEES AND FINES (CITY OF DOVER ETHICS INITIATIVE)
(LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
B. #2017-15 AMENDING CHAPTER 34 - ELECTIONS, ARTICLE III - ABSENTEE VOTING
(LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
12. ACTING CITY MANAGER’S ANNOUNCEMENTS
13. COUNCIL MEMBERS’ ANNOUNCEMENTS
14. ADJOURNMENT
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EXECUTIVE SESSION PURSUANT TO:
29 DEL. C. §10004(B)(2) - PRELIMINARY DISCUSSIONS ON SITE ACQUISITIONS FOR ANY PUBLICLY FUNDED CAPITAL
IMPROVEMENTS, OR SALES OR LEASES OF REAL PROPERTY;
29 DEL. C. §10004(B)(4) - STRATEGY SESSIONS, INCLUDING THOSE INVOLVING LEGAL ADVICE OR OPINION FROM AN
ATTORNEY-AT-LAW, WITH RESPECT TO COLLECTIVE BARGAINING OR PENDING OR POTENTIAL LITIGATION, BUT ONLY
WHEN AN OPEN MEETING WOULD HAVE AN ADVERSE EFFECT ON THE BARGAINING OR LITIGATION POSITION OF THE
PUBLIC BODY;
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COUNCIL AGENDA - NOVEMBER 13, 2017 PAGE 4
29 DEL. C. §10004(B)(6) - DISCUSSION OF THE CONTENT OF DOCUMENTS, EXCLUDED FROM THE DEFINITION OF
"PUBLIC RECORD" IN §10002 OF THIS TITLE WHERE SUCH DISCUSSION MAY DISCLOSE THE CONTENTS OF SUCH
DOCUMENTS;
29 DEL. C. §10004(B)(9) - PERSONNEL MATTERS IN WHICH THE NAMES, COMPETENCY AND ABILITIES OF INDIVIDUAL
EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT SUCH A MEETING BE OPEN
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2),
THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING
EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.
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SPECIAL COUNCIL MEETING
A Special Council Meeting was held on October 23, 2017 at 6:45 p.m. with Council President Slavin
presiding. Members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole,
Mr. Polce (arrived at 6:46 p.m.), Mr. Hare, and Mr. Lindell. Mayor Christiansen was also present.
Council staff members present were Deputy City Solicitor Pepper, Mrs. Mitchell, and
Mrs. McDowell. Police Chief Marvin Mailey was also present (departed at 6:49 p.m.).
ADOPTION OF AGENDA
Mr. Hare moved for approval of the agenda, seconded by Mr. Lindell and unanimously
carried.
Mr. Sudler moved to recess into Executive Session pursuant to 29 Del. C. §10004 (b)(6) -
Discussion of the content of documents, excluded from the definition of "public record" in
§10002 of this title where such discussion may disclose the contents of such documents
(§10002 (l)(1) Any personnel, medical or pupil file, the disclosure of which would constitute
an invasion of personal privacy, under this legislation or under any State or federal law as it
relates to personal privacy); and 29 Del. C. §10004 (b)(4) - Strategy sessions, including those
involving legal advice or opinion from an attorney-at-law, with respect to collective bargaining
or pending or potential litigation, but only when an open meeting would have an adverse effect
on the bargaining or litigation position of the public body. The motion was seconded by
Mr. Neil and unanimously carried.
The Special Council Meeting recessed into Executive Session at 6:46 p.m.
The Executive Session adjourned at 7:19 p.m.
ACTION RESULTING FROM THE EXECUTIVE SESSION
Request for Extension of Benefits
During the Executive Session, members of Council considered a request for approval of an extension
of pay benefits.
Mr. Hare moved to extend the pay benefits for the individual discussed during the Executive
Session for another 90 days. The motion was seconded by Mr. Lindell and unanimously
carried.
Mr. Sudler moved for adjournment, seconded by Mr. Neil and unanimously carried.
The Special Council Meeting adjourned at 7:19 p.m.
TRACI A. McDOWELL
CITY CLERK
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SPECIAL COUNCIL MEETING OF OCTOBER 23, 2017 PAGE 2
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of October 23, 2017 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 23, 2017 at 7:30 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Cole, Mr. Polce, Mr. Hare, and Mr. Lindell.
Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg,
Fire Chief Carey, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also
present (departed at 7:36 p.m.).
OPEN FORUM
Due to a scheduling conflict, the Open Forum was not held.
The invocation was given by Pastor Mark Walter, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Sudler moved for approval of the agenda, seconded by Mr. Neil and unanimously carried.
Mr. Neil moved for approval of the Consent Agenda, seconded by Mr. Anderson and carried
by a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF OCTOBER 9, 2017
The Minutes of the Special Council Meeting of October 9, 2017 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Anderson and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 9, 2017
The Minutes of the Regular Council Meeting of October 9, 2017 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Anderson and bore the written approval of
Mayor Christiansen.
PR E S E N T A T I O N - A PPR E CIA T I O N A N D C O N G R A T U L A T I O N S -
JOHN C. BLANCHFIELD
The City Clerk read the following Certificate of Appreciation and Congratulations into the record:
MAYOR AND COUNCIL
Be It Hereby Known To All that the Mayor and Council Commend
JOHN C. BLANCHFIELD
for Dedicated Service to the City of Dover
September 1989 - October 2017
28 Years of Service
The Mayor and Council Extend Sincere Appreciation and Congratulations
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CITY COUNCIL MEETING OF OCTOBER 23, 2017 PAGE 2
On behalf of the Mayor, Council, and the citizens of Dover, Mayor Christiansen and
Mrs. Sharon Duca, Public Works Director, presented Mr. John C. Blanchfield with a City of Dover
Certificate of Appreciation and Congratulations, Plaque, and Dover Cup in recognition of his
28 years of service to the City from September 1989 to October 2017.
Mr. Blanchfield thanked his family and friends for their support and the City of Dover for letting him
serve the community for 28 years.
COUNCIL COMMITTEE OF THE WHOLE REPORT - OCTOBER 10, 2017
The Council Committee of the Whole met on October 10, 2017 at 6:00 p.m., with
Mr. Hare presiding in the absence of Council President Slavin. Members of Council
present were Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Polce, and Mr. Lindell.
Mr. Anderson and Mr. Cole were absent. Mayor Christiansen was also absent.
Civilian members present for their Committee meetings were Mr. Caldwell (Parks,
Recreation, and Community Enhancement), Ms. Arndt (Utility), and Mr. Shevock
and Dr. Stewart (Legislative, Finance, and Administration). Dr. Warfield (Parks,
Recreation, and Community Enhancement) was absent.
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairman Sudler presiding.
Proposed Resolution No. 2017-12 Naming of the Bicentennial Playground
During the Regular City Council meeting of August 14, 2017, members considered
Continental Park’s Workshop Update and accepted the July 2017 Chair’s Report.
Mr. Dave Hugg, Acting Director of Planning and Community Development,
reminded members that a meeting was held a number of months ago with residents
in Bicentennial Village, to discuss some of the park opportunities and issues in that
neighborhood, particularly related to Continental Park. He explained that, as a result
of that meeting, everyone was in favor of building a small playground in a different
location than Continental Park. Mr. Hugg indicated that the George Washington
Drive area was selected. He advised that funds had been secured for this project
from the Parks and Recreation Capital Investment Plan (CIP), and equipment had
been ordered for a tot lot, primarily for children aged two (2) to six (6) years old.
Mr. Hugg stated that, in order to avoid confusion and give the park some recognition,
staff believed that it needed a name, and the name that had been suggested to staff
was Bicentennial Playground. Mr. Hugg advised that Proposed Resolution
No. 2017-12 would authorize naming the park as Bicentennial Playground and
putting up a sign, and it would also allow for noting the playground on maps, etc.
Staff recommended adoption of Proposed Resolution No. 2017-12.
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CITY COUNCIL MEETING OF OCTOBER 23, 2017 PAGE 3
Responding to Mr. Sudler, Mr. Hugg advised that the name of the development was
Bicentennial Village. Mr. Sudler asked if Mr. Hugg thought that some may feel that
all of the playgrounds should be named Bicentennial Village rather than Continental
Park. Responding, Mr. Hugg explained that the original name in the approved
subdivision plan was Continental Park, and this area had been known as Continental
Park for some time. He noted that it was planned to leave Continental Park as a
passive recreation area with a couple of benches and do some improvements to the
adjoining woodland edge. Mr. Hugg indicated that he did not think there would be
any confusion or issues, noting that this was consistent with what had been done
previously for other parks. He stated, for example, that Mayfair Park was named
after the Mayfair subdivision.
In response to Mr. Sudler, Mr. Hugg stated that no other recommendations were
received from constituents or residents in that community for other possible names,
although an extensive survey was not done. He advised that, at this point, staff was
trying to differentiate the park from Continental Park.
The Committee recommended adoption of Resolution No. 2017-12, as recommended
by staff.
By consent agenda, Mr. Neil moved for adoption of Resolution No. 2017-12 (Exhibit #1). The
motion was seconded by Mr. Anderson and carried by a unanimous roll call vote.
UTILITY COMMITTEE
The Utility Committee met with Mr. Hare presiding in the absence of
Chairman Cole.
AGENDA ADDITIONS/DELETIONS
Mrs. Donna Mitchell, Acting City Manager, requested that item #3 - Agreement for
Establishment of Wastewater Service - Winding Creek, be deferred for further
review.
Mr. Lindell moved for the deletion of item #3, Agreement for Establishment of
Wastewater Service - Winding Creek, seconded by Mr. Neil and unanimously
carried.
Mr. Neil moved for adoption of the agenda, as amended. The motion was
seconded by Mr. Lewis and unanimously carried.
Americans with Disabilities Act (ADA) Transition Plan: Pedestrian Facilities in
the Public Right-of-Way
Mr. Jason Lyon, Water/Wastewater Manager, explained that the Americans with
Disabilities Act (ADA) was enacted by the Federal Government on July 26, 1990,
and one (1) of the requirements of this Act was for each government agency to
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CITY COUNCIL MEETING OF OCTOBER 23, 2017 PAGE 4
produce a Transition Plan to ensure reasonable, accessible paths of travel in the
public right-of-way for everyone, including people with disabilities. Mr. Lyon stated
that staff had worked with the University of Delaware T2 Center to develop a draft
plan based on federal requirements. He reviewed a presentation, entitled “Americans
with Disabilities Act Transition Plan: Pedestrian Facilities in the Public Right-of-
Way,” and indicated that the proposed Transition Plan would make the City of Dover
compliant with the aforementioned regulation. Mr. Lyon noted that one (1) aspect
of the Transition Plan was to allow for public comment on the document, and the
City would publicly advertise the document and provide directions for the public to
provide feedback. He indicated that it was recommended that the Transition Plan be
advertised to the public for a minimum of thirty (30) days to obtain input from
citizens and, once the public comment period is over, staff will assemble the
comments, make alterations to the plan, if necessary, and present it to the Utility
Committee for recommendation to Council.
Staff recommended approval to solicit public comment on the proposed Americans
with Disabilities Act Transition Plan.
Mr. Polce asked how the City had historically dealt with ADA compliance issues
within subdivisions of communities that do not have a homeowners’ association
(HOA). He stated, for example, that a constituent in Bicentennial Village had
reached out to him several times with concerns and noted that this subdivision does
not have a formalized or active HOA. Mr. Polce asked who is liable and responsible
for ensuring that a sidewalk is up-to-standard and ADA compliant. Responding,
Mr. Lyon advised that the analysis would be done by staff, who would check into the
sidewalk, as it is in the right-of-way. He indicated that this constituent would have
to reach out to staff so that they can go to the location, and analyze the sidewalk,
document it, and put it on the list of things to be repaired.
Referring to the photos on page 11 of the presentation, Ms. Arndt noted that it looked
like the street had been widened. Responding, Mr. Lyon explained that this was just
the angle of the photo and the street had not been widened.
Ms. Arndt asked if the historic brick sidewalks downtown would be an issue. She
stated that those sidewalks need repair; however, she would hate to see the bricks
taken out completely and replaced with concrete, noting that this had happened in her
neighborhood. Responding, Mr. Lyon stated that the State ADA Coordinator and
many federal agencies do not like brick because bricks heave and pop up and down.
He indicated that it is very difficult to install brick completely flat, and it is necessary
to put a concrete base underneath the brick and a leveling feature below to make sure
that it stays flat. Mr. Lyon stated that it was his best guess that it would be
determined on a case-by-case basis whether or not bricks would be taken out. He
noted that there had been situations when staff had reached out to constituents to see
what their preference was. Mr. Lyon advised that brick sidewalks can be done;
however, they are more difficult to complete. Ms. Arndt stated that, given Dover’s
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CITY COUNCIL MEETING OF OCTOBER 23, 2017 PAGE 5
historic aspect, it would be worthwhile to look into maintaining brick sidewalks as
much as possible.
Mr. Neil stated his understanding that when a street or something comes up that has
a barrier, staff will automatically look into making it ADA accessible; however, if a
complaint comes in, staff will look at that specific item to analyze it and begin taking
action or put it in a priority status. In response, Mr. Lyon stated that this was correct.
He explained that currently the work order process for complaints received is to map
them into the Geographic Information System (GIS) and then put them in a queue of
areas that need to be addressed. Mr. Neil stated that, having worked 20 years in
vocational rehabilitation in Maryland, he thought this was terrific. He suggested
getting the word out about accessibility, noting that this would help seniors who have
walkers and wheelchairs, mothers with kids in strollers, and businesses who have
carts, etc., to move items. Mr. Neil stated that accessibility is an overall benefit for
the population.
Referring to Mr. Polce’s comments regarding ADA compliance issues within
subdivisions of communities that do not have HOAs, Mr. Neil stated that the State
of Delaware Division of Vocational Rehabilitation has a lot of expertise and may be
able to help in certain circumstances, for example, the installation of a walkway for
a private home for a person who has a disability to be able to get into their home. He
noted that for every inch of height, a foot is needed for a wheelchair to operate.
Mr. Neil advised that a three-foot ramp is needed for a three-inch step; otherwise, a
wheelchair could tilt over or an individual may not be able to maneuver it. He
suggested that, if there is a problem that is not within staff’s ability to take care of,
they contact the Division of Vocational Rehabilitation to see if they have the
expertise or are able to do some installations within the homes.
Mr. Sudler asked if a two-inch by four-inch brick size is currently used, and Mr. Lyon
stated that nominal size brick is used. Mr. Sudler suggested using six-inch, by nine-
inch, by two-and three-eighths-inch-thick brick, which is more sturdy and durable,
and using stone dust instead of sand for the bed. He noted that he has a lot of
experience with laying pavers and retaining walls as a contractor and mason.
Referring to Mr. Neil’s remarks, Mr. Sudler stated that there is also funding for
people in residential communities through the State of Delaware Division of
Rehabilitation and Occupational Therapy, noting that he had done some work for
them as a construction vendor. He explained that a resident has to qualify by saying
that they are going to go back to work but need help or assistance, such as a
handicapped ramp. Mr. Sudler advised that this agency will find a contractor who
will build a ramp according to the City Code, noting that he had gone through this
process. He stated that the Division of Rehabilitation and Occupational Therapy does
not necessarily have the ADA requirements but just has a list of contractors, who
would obtain the ADA requirement when they go to get a permit from the city in
which they are providing the service. Mr. Sudler advised that the resident has to be
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CITY COUNCIL MEETING OF OCTOBER 23, 2017 PAGE 6
in the process of trying to get back to work, which is the occupational aspect. He
stated that he thought that this program is worth looking at, and that staff could at
least provide information to the community in regard to other ADA resources.
The Committee recommended approval to solicit public comment on the proposed
Americans with Disabilities Act Transition Plan, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Anderson and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare
presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Polce moved for the deletion of item #3 - Proposed Ordinance #2017-14 -
City of Dover Ethics Initiative, due to the absence of Council President Slavin,
who was a sponsor of the ordinance, and due to Mr. Polce’s conversations with
Mrs. Traci McDowell, City Clerk, regarding tightening up some of the
language. The motion was seconded by Mr. Lindell and unanimously carried.
Mr. Neil moved for approval of the agenda, as amended. The motion was
seconded by Mr. Shevock and unanimously carried.
Annual Review of Investment Policy
Ms. Lori Peddicord, Acting Controller/Treasurer, advised that a few small changes
were recommended for the City of Dover Investment Policy Statement. She
explained that it was recommended to add “Fitch” to the minimum short-term rating
requirements on page 7, the table on page 8, and the Policy Considerations section
regarding securities downgrades on page 9. Ms. Peddicord noted that currently only
Standard and Poor’s, and Moody’s were included in these sections of the Policy.
Staff recommended approval of the submitted changes.
The Committee recommended approval of the submitted changes to the City of
Dover Investment Policy Statement, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Revised City of Dover Investment
Policy Statement (Exhibit #2). The motion was seconded by Mr. Anderson and carried by a
unanimous roll call vote.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Anderson and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF OCTOBER 23, 2017 PAGE 7
QUARTERLY REVENUE REPORT
Members were provided the Quarterly Revenue Report as of September 30, 2017.
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Revenue Report as of
September 30, 2017. The motion was seconded by Mr. Anderson and carried by a unanimous
roll call vote.
SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
In accordance with Chapter 46 - Fire Prevention and Protection, Article II - Fire Department,
Division 1 - Generally, Section 46-43 - Semiannual Inspections, of the City Code, the Acting City
Manager, Mrs. Donna Mitchell, met with the Fire Chief to discuss fire company issues.
Mrs. Mitchell submitted a memorandum outlining the items discussed and noted that the Robbins
Hose Company was extremely helpful with their assistance in her understanding of the operations.
By consent agenda, Mr. Neil moved for acceptance of the report of the Semi-Annual Robbins
Hose Company Inspection, as submitted by the Acting City Manager. The motion was
seconded by Mr. Anderson and carried by a unanimous roll call vote.
EVALUATION OF BIDS - SOUTH BRADFORD STREET AND WILLIAM STREET
WATER MAIN REPLACEMENT PROJECT
Mrs. Donna Mitchell, Acting City Manager, reviewed the Background and Analysis for the
South Bradford Street and William Street Water Main Replacement project.
Responding to Council President Slavin, Mrs. Mitchell stated that this is some of the oldest
infrastructure in the City.
Staff recommended awarding the contract to Teal Construction, Inc., for the City of Dover
South Bradford Street and William Street Water Main Replacement Project, Bid #18-0006PW, for
the amount of $682,682.
Mr. Anderson moved for approval of staff’s recommendation, seconded by Mr. Sudler and
carried by a unanimous roll call vote.
APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION
The Robbins Hose Company election is scheduled for November 20, 2017. The following persons
were recommended to serve as judges for the election:
1. Charlie Boyer 2. Carleton Carey, Sr. 3. James Hurley
By consent agenda, Mr. Neil moved for approval of the appointment of judges for the Robbins
Hose Company election as recommended. The motion was seconded by Mr. Anderson and
carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF OCTOBER 23, 2017 PAGE 8
ACTING CITY MANAGER'S ANNOUNCEMENTS
There were no announcements by the Acting City Manager.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson advised that he and Mr. Sudler would be holding an event for the Woodcrest and
Northwest Dover Heights residents in November and that announcements and flyers would be
provided soon.
Mr. Anderson reminded everyone that it was Cyber Awareness Month and encouraged them to keep
up their cyber awareness.
Mr. Sudler moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting adjourned at 7:39 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of October 23, 2017, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2017\10-23-2017 Council Minutes.wpd
Exhibits
Exhibit #1 - Resolution No. 2017-12
Exhibit #2 - Revised City of Dover Investment Policy Statement
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EXHIBIT #1
Regular Council Meeting of 10/23/2017
QCitp of 1!lober
MAYOR AND COUNCIL
COUNCIL RESOLUTION NO. 2017-12
A RESOLUTION NAMING BICENTENNIAL PLAYGROUND
WHEREAS: parks and playgrounds offer opp01iunities for relaxation, exercise, contemplation, and
interaction with nature; and
WHEREAS: The City of Dover has an extensive system of park and recreation facilities that add to the
quality of life in the community; and
WHEREAS: providing quality affordable recreation and leisure services that promote healthy lifestyles
for residents of Dover is a goal of the Parks and Recreation Department; and
WHEREAS: City Staff engaged the Bicentennial Village community in assessing their recreational
needs and opportunities; and
WHEREAS: as a result of that initiative plans were developed and funding was secured to create a
playground facility for 2-5 year olds in the community; and
WHEREAS: this new facility deserves to have a proper identity linking it to the c01mnunity it serves.
NOW, THEREFORE, BE IT RESOLVED:
The Dover City Council designates this facility the "BICENTENNIAL PLAYGROUND" and instructs
the Depaiiment of Public Works in conjunction with the Depaiiment of Parks and Recreation to install a
proper sign in recognition thereof.
ADOPTED: OCTOBER 23, 2017
S:\RESOLUTIONS-PROCLAMATIONS-TR1BUTES\20 I 7\DRAFTIRESOLUT ION NO. 2017-12 PROPOSING THE NAMING OF BICENTENNIAL
PLA YGROUN D\Naming of the Bicentennial Park Playground Resolution 20 17-1 2 - Revised 09-29-17 fo r Signature.doc
COUNCIL PRESIDENT
Actions History
10/10/2017 - Introduction - Council Committee of the Whole/Parks, Recreation, and Community
Enhancement Co1mnittee
P.O. Box475 •!•Dover, Delaware •!•19903
QCouummttp QExcellence W::{Jroug(J ~ualitp ~er\Jtce
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EXHIBIT #2
Regular Council Meeting of 10/23/2017
City of Dover, DE
Investment Policy Statement
Dated October 23, 2017
Paj 17
1.0 Governing Authority
It is the policy of the City of Dover to invest public funds under its control in a manner
that will provide the highest investment return consistent with the maximum safety of
principal, while meeting cash flow needs of the City. The investment program shall
conform to all state and local statutes governing the investment of public funds.
2.0 Scope
This Investment Policy Statement (the “Policy”) applies to all financial assets of the City
of Dover for which the City retains direct or indirect daily control. Funds for which the
City has retained outside fund manager(s) shall also be governed by this Policy or, in the
case of bond proceeds, related governing bond documents.
2.1 Accounts
2.1.1 Cash and Liquidity Accounts: The majority of the City’s cash balance
available for investment is maintained in the cash and liquidity accounts.
These accounts will be managed and invested by investment managers,
selected by the City Council through competitive bid, in order to maximize
the return to the City while, at the same time, providing for safety of principal
and sufficient liquidity for the City to meet its cash needs. The City will
manage its short-term investments to ensure sufficient liquidity and prevent
their premature sale for the purpose of covering expenditures. Short-term
investments should mature at face value in sufficient amounts to meet any
liquidity needs.
2.1.2 Reserve Cash (Intermediate) Account: To the extent cash is not expected to
be needed on short notice, the City shall invest such funds in the Reserve Cash
Account. This fund shall be managed and invested by an investment
manager or managers, selected by the City Council after a competitive bid, in
order to maximize the return on said money to the City while providing for
the safety of principal.
All of the City of Dover’s funds are accounted for in its Comprehensive Annual Financial
Report. Those funds to which this Policy applies include (excluding the Deferred
Compensation Plan and Pension Trusts):
2.2 Funds
2.2.1 General Fund
2.2.2 Capital Project Funds
2.2.3 Special Revenue Funds
2.2.4 Enterprise Funds
2.2.5 Internal Service Funds
2.2.6 Any new fund created by the City Council, unless specifically exempted
3.0 Objectives
The primary objectives of the City of Dover’s investment activities, in order of importance
shall be:
Investment Policy Page 2 of 15 Approved October 23, 2017
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3.1 Safety
Preservation of principal is the foremost objective of the investment program. To
attain this objective, funds shall be diversified among securities of high credit
quality and liquidity, so that risk of loss of principal is minimized.
3.2 Liquidity
The City’s investments shall be made for such periods as to enable the City to meet
all operating requirements that may be scheduled or reasonably anticipated.
3.3 Return on Investments
A goal of the investment program shall be to maximize investment return within
the constraints of Sections 3.1 and 3.2.
4.0 Delegation of Authority
Authority to manage the City of Dover’s investment program is derived from this Policy,
which is approved by City Council, and “Dover Code, PART I, Subpart A, Article II,
Section 17" (attachment B) which states in part that “The Controller/Treasurer shall be the
custodian of all of the City funds.”
The City’s Controller/Treasurer shall:
1) Review this Policy annually and recommend changes, if any, to City Council;
2) Be charged with implementing the Policy, and may delegate authority to make
investments to an investment advisor. The Controller/Treasurer shall be responsible
for all investment transactions and shall establish controls to regulate the activities of
the investment advisor, if any.
3) Ensure that records of the City’s investment activities are kept for ten years.
5.0 Prudence, Ethics and Conflicts of Interest
Any official of the City or investment advisor/manager empowered to make investments
on behalf of the City of Dover shall comply with the following:
5.1 “Prudent Person” Rule
Investment decisions shall be made with the judgment and care which persons of
reasonable intelligence, under circumstances prevailing at the time the investment
is made, would exercise in the management of their own investments assuming that
their objectives are those shown in Section 3.0 of this policy.
5.2 Ethics and Conflict of Interest
The delegate authorized to make City investments shall act at all times in an ethical
manner, and shall not engage in activity that could impair or be perceived to impair
their ability to make impartial investment decisions. They shall disclose to the
Mayor and City Council any material interests in financial institutions with which
the City has financial dealings, and which may be related to the performance of the
investment program. Employees and officers shall refrain from undertaking
personal investment transactions with the same individual(s) with whom business
is conducted on behalf of the City.
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6.0 Authorized Institutions and Dealers
All broker/dealers that desire to become qualified for investment transactions with the City
shall meet the following:
1. Primary dealers and regional dealers that qualify under Securities and Exchange
Commission Rule 15C3-1 (uniform net capital rule)
2. Capital of at least $25,000,000 or capital of $5,000,000 for firms incorporated in
the State of Delaware
3. Registered as a dealer under the Securities Exchange Act of 1934
4. Member of the Financial Industry Regulatory Authority (FINRA)
5. Registered to sell securities in the State of Delaware
6. Engaged in the business of effecting transactions in U.S. government, federal
agency, and corporate securities for at least five (5) consecutive years
To the extent the City utilizes the services of an outside Investment Advisor, it shall be the
responsibility of the Investment Advisor to maintain an approved list of brokers.
7.0 Safekeeping and Custody
To ensure that securities are deposited in an eligible financial institution prior to the release
of funds, all trades of marketable securities will be executed by delivery vs. payment
(“DVP”).
Further, all securities will be held by an independent third-party custodian, in the name of
the City, and evidenced by safekeeping receipts in the City’s name. The custodian shall
provide daily confirmation of held securities as well as a monthly transactions and holdings
report.
8.0 Authorized Investments and Trading of Securities
The Controller/Treasurer or authorized delegate may invest only in the types of securities
listed below. The maximum stated maturity of any security shall be limited to 10 years at
settlement, unless otherwise stated. The maximum average maturity of the portfolio shall
be seven years. For asset backed and Agency mortgage backed securities, the maximum
maturity shall be defined as the weighted average life (“WAL”). WAL is a convention
that estimates the expected weighted amount of time, in years, for the principal amount of
an issue to be fully paid. For Agency mortgage backed securities, WAL shall be limited
to 10 years, measured at the settlement date, provided by Bloomberg Financial Markets.
For asset backed securities, the average life must not exceed two years, except for such
securities that are subject to periodic reset of coupon or interest rate - - these may have an
average life not to exceed three years.
8.1 United States Government Securities
Marketable securities issued by the U.S. Government and supported by the full faith
and credit of the U. S. Treasury either by statue or an opinion of the attorney general
of the United States. The maximum maturity shall be limited to 10 years. Up to
100% of the portfolio may be invested in this sector.
8.2 Government Agency Securities
Debt securities issued by government-sponsored enterprises (“GSE”), federal
agencies, federal financing banks, and instrumentalities of the U.S. Government.
The maximum maturity shall be limited to 10 years. Up to 50% of the portfolio may
Investment Policy Page 4 of 15 Approved October 23, 2017
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be invested in this sector, with a maximum of 20% in any one issuer.
8.3 Certificates of Deposit and Time Deposits
8.3.1 Domestic Institutions: Issued or endorsed by a domestic bank, or a savings
and loan association, organized and supervised under the laws of the United
States and denominated in U.S. dollars; provided, however, that deposits are
fully insured or guaranteed by the Federal Deposit Insurance Corporation
(“FDIC”).
If not insured by the FDIC:
The banking institution must have assets of not less than $5 billion; and
Issuers must have a short-term rating in the highest category by Standard
& Poor’s, Moody’s, or Fitch and a long-term rating of at least the “A”
category by Standard & Poor’s, Moody’s, or Fitch.
The maximum maturity of any investment in this sector shall be limited to 10
years at trade settlement. This sector shall not exceed 25% of the total
portfolio. No single issuer shall exceed 5% of the City’s portfolio.
8.3.2 Delaware-Domiciled Institutions: Issued by or endorsed by any bank or
savings association domiciled in the State of Delaware and organized and
supervised under federal or State of Delaware banking laws which does not
meet the requirements of Section 8.3.1 hereto; provided, however, that:
For each of the latest two years, the bank or association has had a return
on total average assets of 0.50% or greater and an average capital ratio
(defined as total equity capital to total assets) of at least 1 to 20, or the
instrument is secured as set forth in Section 9, “Collateralization of City
Deposits,” hereto; and
Not more than the lesser of $10 million or 25% of an issuer’s total equity
capital, may be invested in any one issuer. (Investments due to mature
in one business day may be excluded from the computation of this
percentage.)
The Board expressly affirms that, consistent with these guidelines,
Delaware banks and savings associations should be considered as a source
of investment.
The maximum stated maturity of any investment in this sector shall be
limited to 10 years at time of purchase. This sector shall not exceed 20%
of the total portfolio. No single issuer shall exceed 5% of the City’s
portfolio.
8.4 Corporate Debt Instruments
Such instruments include commercial paper bankers’ acceptances, and non-
convertible senior debt securities (bonds and debentures).
8.4.1 Corporate securities must be denominated/issued in US dollars. Many foreign
corporations issue debt/securities in the US market, in US dollars.
8.4.2 No single issuer shall exceed 5% of the City’s portfolio.
8.4.3 Commercial Paper shall be limited to a final maturity of 270 days. This
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sector shall not exceed 25% of the total portfolio. Issuers shall be rated in
the highest short-term category by Standard & Poor’s, Moody’s, or Fitch.
8.4.4. Bankers’ Acceptances shall be limited to a final maturity of 365 days. This
sector shall not exceed 25% of the City’s Portfolio. Issuers shall be rated in
the highest short-term rating by Standard & Poor’s, Moody’s, or Fitch.
8.4.5 Corporate bonds and debentures shall be limited to a final maturity of 10
years. This sector shall not exceed 50% of the total portfolio. Issuers
shall hold a long-term rating of at least the “A” category by Standard &
Poor’s, Moody’s, or Fitch.
8.5 Repurchase Agreements
The underlying collateral shall consist of U.S. government and/or GSE securities
provided, however, that:
8.5.1 All repurchase agreements must be governed by a written master repurchase
agreement;
8.5.2 Agreements will be entered into only with respect to underlying securities in
which the investment manager may otherwise invest as described above, and
only with a recognized U.S. Government/broker or a bank which meets the
requirements set out under paragraph Section 8.3.1 or 8.3.2 above;
8.5.3 In the case of repurchase collateral held in book-entry form in the Federal
Reserve System, all deliveries of securities must be made, for the transfer
thereof, through the Federal Reserve book-entry system to the account
designated by the investment manager for such purpose. Securities held in
certificated form must be delivered to the investment manager or a custodian
as directed by the investment manager.
8.5.4 Any collateral employed under this paragraph shall be counted towards the
applicable maximum limits set forth within these guidelines for such type of
investment, and such collateral shall be valued at market at not less than 103
percent of the maturity value of the agreement and marked-to-the-market as
requested by the investment manager.
8.5.5 Repurchase agreements shall be limited to a maximum maturity of 90 days
from date of purchase. This sector shall not exceed 50% of the total portfolio.
No single issuer shall exceed 25% of the City’s portfolio.
8.6 Registered Investment Companies (Money Market Funds)
No single fund shall exceed 25% of the City’s portfolio. Money market funds shall
be rated AAA by Standard & Poor’s. A current prospectus must be obtained
before investing in any money market fund, and current holdings reports must be
maintained at least each month.
8.7 Mortgage-Backed Securities
Mortgage-backed securities issued by the following: Government National
Mortgage Association (GNMA), Federal National Mortgage Association (FNMA)
or Federal Home Loan Mortgage Association (FHLMC). This sector, combined
with the asset backed security sector, shall not exceed 10% of the total portfolio.
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8.8 Asset Backed Securities
These investments include auto loan receivables, credit card receivables, home
equity loans, and manufactured housing loans. These can be fixed or floating rate
and must be rated in the highest long-term category by Standard & Poor’s,
Moody’s, or Fitch. This sector, combined with the mortgage-backed security sector,
shall not exceed 10% of the City’s portfolio. No single issuer shall exceed 5% of
the City’s portfolio.
8.9 Municipal Obligations
Taxable and tax-exempt securities issued by state and local governments and public
authorities in the United States. The maximum stated maturity of any investment
in this sector shall be limited to 10 years at time of purchase. This sector shall not
exceed 30% of the City’s portfolio. No single issuer shall exceed 5% of the City’s
portfolio. Issuers shall be rated in at least the “A” category by Standard & Poor’s,
Moody’s, or Fitch. Additionally, Issuers in the short term market (under one year)
shall be rated at a minimum of “mig-1”, “f1” or “sp-1” for Moody’s, Fitch and
Standard &Poor’s.
8.10 State of Delaware Investments Pool
8.10.1 Delaware Local Government Investment Pool (DELGIP) -The investment in
this pool is permitted in relation to the City's cash flow and the guidelines set
forth by the State of Delaware. The investment in this pool will not exceed
25% of the total funds available and will be monitored by the City's Finance
Department on a monthly basis.
8.10.2 Delaware Local Government Retirement Investment Pool (DELRIP) The
investment in this pool is permitted in relation to the City's Post-Retirement
Benefits Fund. The investment in this pool will not exceed 25% of the total
funds available and will be monitored by the City's Finance Department on a
monthly basis.
8.11 Trading Securities
The Controller/Treasurer is hereby authorized to sell securities prior to their stated
maturity date in the following circumstances:
1. A security with declining credit may be sold prior to its maturity to minimize
loss of principal;
2. A security swap may be executed if it would improve the quality, yield, or
target duration of the portfolio;
3. Securities may be sold to provide needed liquidity.
8.12 Internal Control on such transactions
8.12.1 An investment report will be provided to the Council on a quarterly basis.
8.12.2 All investment reporting documents will be provided to the independent
auditors.
8.12.3 Investment records will be kept by the City for ten (10) years.
8.12.4 The trading shall not involve any hedge, derivatives and/or borrowing funds
for trading purposes.
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A summary of permitted investments is below:
Investment Sector Issuer Maturity Credit Quality
Type Limit Limit Limit Minimum
United States Government
100% 100% 10 Years N/A
Securities
Government Agency
50% 20% 10 Years N/A
Securities
Mortgage-Backed Securities N/A 10 Year WAL N/A
Combined
10% limit Highest long-term
Asset Backed Securities 5% 2 Year WAL rating by Fitch,
Moody's or S&P
Long-term rating of at
least “A” by S&P,
Moody’s, or Fitch
For issuers in short
Municipal Obligations 30% 5% 10 Years term market, rating of
at least “mig-1”, “f1
or “sp-1” for
Moody’s, Fitch &
S&P
FDIC-Insured Deposits 25% 5% 10 Years N/A
Highest short-term
rating by Fitch,
Certificates of Deposit and
Moody's or S&P.
Time Deposits (not insured 25% 5% 10 Years
Long-term rating of at
by FDIC)
least “A” by S&P,
Moody’s, or Fitch
Delaware-Domiciled
20% 5% 10 Years N/A
Institutions
Highest short-term
Commercial Paper 25% 5% 270 Days rating by Fitch,
Moody's or S&P
Highest short-term
Bankers’ Acceptances 25% 5% 365 Days rating by Fitch,
Moody's or S&P
Long-term rating of at
Corporate Bonds and
50% 5% 10 Years least “A” by S&P,
Debentures
Moody’s, or Fitch
Repurchase Agreements 50% 25% 90 days N/A
Registered Investment
Companies (Money Market 100% 25% N/A AAAm by S&P
Funds)
Delaware Local Government
25% N/A N/A N/A
Investment Pool
Delaware Local Government
25% N/A N/A N/A
Retirement Investment Pool
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9.0 Collateralization of City Deposits
If the City deposits funds in any financial institution, those funds will be subject to the
following collateralization requirements. The financial institution shall:
9.1 Collateralize the City’s daily ledger balance(s) if, for any quarter during the most
recent eight quarters the bank has not met both of the following two criteria:
Return on total average assets of 0.50 percent or greater.
Average capital ratio (total equity to total assets) of 5.00 percent or greater.
9.2 If either criterion in paragraph 9.1 is not satisfied collateral must be pledged and shall
consist of one or more of the following securities:
U.S. Government securities
U.S. Government agency securities
Federal Home Loan Board letters of credit
State of Delaware securities
Mortgage backed securities as referenced in Section 8.7
Securities of a political subdivision of the State of Delaware with a Moody’s
rating of “A” or better
9.3 Ensure that the securities pledged as collateral (except for Federal Home Loan Board
letters of credit) have a market value equal to or greater than 102 percent of the ledger
balance(s) in the account(s) marked to market each day.
9.4 Ensure that securities pledged as collateral are housed at the Federal Reserve Bank
or a mutually agreed upon third party depository. (The trust department of the
winning vendor will not be acceptable.)
9.5 Provide reports on a monthly basis to the City Finance Department detailing the
collateral pledged.
9.6 Provide a Call Report (Consolidated Report of Condition and Income, FFIEC 031)
on a quarterly basis to the City Finance Department.
10.0 Policy Considerations
If securities owned by the City are downgraded by either Standard & Poor’s, Fitch or
Moody’s to a level below the quality required by this Policy, it shall be the City’s policy
to review the credit situation and make a determination as to whether to sell or retain such
securities in the portfolio.
If a security is downgraded two grades below the level required by the Policy, the security
shall be sold immediately.
If a security is downgraded one grade below the level required by this Policy and matures
within 6 months, the security may be held to maturity. The Controller/Treasurer may
determine to sell the security if it is determined that there is a probability of default prior
to maturity.
If a decision is made to retain a downgraded security in the portfolio, its presence in the
portfolio will be monitored and reported monthly to the Controller/Treasurer.
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11.0 Internal Controls
The Controller/Treasurer is responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the City are protected from loss, theft, or
misuse. The Controller/Treasurer shall also establish a process for an annual independent
review by an external auditor to assure compliance with policies and procedures. The
internal controls shall address the following:
Control of collusion
Separation of transaction authority from accounting and recordkeeping
Custodial safekeeping
Prohibition of physical delivery securities
Clear, written delegation of authority to subordinate staff members
Written confirmation of transactions for investments and wire transfers
12.0 Performance Standards
The City of Dover’s investment decisions shall be made with the objective of obtaining a
rate of return commensurate with the investment risk constraints and the cash flow needs.
On a quarterly basis, the Controller/Treasurer shall compare the City’s portfolio against the
Merrill Lynch 0-5 Year U.S. Treasury Index, in terms of time-weighted total return and
average duration for the period under review.
13.0 Reporting
At the end of each calendar quarter, the Controller/Treasurer will submit a report of all
quarter-ending investments to the Mayor and City Council. Reports shall include the
following:
Listing of individual securities held as of last day of reporting period, sorted by
sector
Par, market, and amortized cost values of each security
Coupon, current yield, and final stated maturity date of each security
14.0 Investment Policy Adoption
The City of Dover’s investment policy will be adopted by the City Council after review
and recommendation of the Legislative and Finance Committee. The policy will be
reviewed at least once every year by the Legislative and Finance Committee, which is
charged with considering the existing policy and any recommendations to modify the
policy. Any modifications to the policy must be approved by the City Council.
LEGEND
1. Original approval by City Council - November 14, 1988
2. Revised policy approved by City Council - March 7, 2005
3. City Council Approved with No Changes – April 14, 2008
4. Revised policy approved by City Council – July 25, 2011
5. Revised policy approved by City Council – August 12, 2013.
6. Revised policy approved by City Council – September 8, 2014
7. Revised policy approved by City Council – October 10, 2016
8. Revised policy approved by City Council – October 23, 2017
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ATTACHMENT A
GLOSSARY
AGENCIES: Federal agency securities, otherwise known as “Government Sponsored
Enterprises.”
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a
certificate. Large denomination CD's are typically negotiable.
BANKERS ACCEPTANCE: A short-term credit investment which is created by a non-
financial firm and whose payment is guaranteed by a bank.
COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to
secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of
public monies.
COMMERCIAL PAPER: An unsecured obligation issued by a corporation or bank to finance
its short-term credit needs. Maturities typically range from one (1) to 270 days.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report
for the City of Dover. It includes five combined statements for each individual fund and account
group prepared in conformity with GAAP. It also includes supporting schedules necessary to
demonstrate compliance with finance-related legal and contractual provisions, extensive
introductory material, and a detailed Statistical Section.
CORPORATE BONDS: A debt security issued by a corporation based in the United States of
America. Such bonds usually have a par value of $1,000, have a term maturity, and are traded on
a major exchange.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and
selling for his own account.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering
independent returns, in an attempt to limit risk.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit
to various classes of institutions and individuals, e.g., S&L's, small business firms, students,
farmers, farm cooperatives, and exporters.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that
insures bank deposits, currently up to $250,000 per deposit.
FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is
currently pegged by the Federal Reserve through open-market operations.
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FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings
and loan associations. The Federal Home Loan Banks play a role analogous to that played by the
Federal Reserve Banks vis-a-vis member commercial banks.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was
chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal
corporation working under the auspices of the Department of Housing and Urban Development
(HUD). It is the largest single provider of residential mortgage funds in the United States.
Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The
corporation's purchases include a variety of adjustable mortgages and second loans, in addition to
fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress
and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks
and about 5,700 commercial banks that are members of the system.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae):
Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage
bankers, commercial banks, savings and loan associations, and other institutions. Security holder
is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by
the FHA, VA or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie
Mae's.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value. In the money market, a security is said to be liquid if the spread between
bid and asked prices is narrow and reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from
political subdivisions that are placed in the custody of the State Treasurer for investment and
reinvestment.
MARKET VALUE: The price at which a security is trading and could presumable be purchased
or sold.
MATURITY: The date upon which the principal or stated value of an investment becomes due
and payable.
MORTGAGE-BACKED SECURITIES (MBS): An investment instrument that represents
ownership of, and is backed by, an individual interest in a pool of mortgages such as those issued
by Ginnie Mae or Freddie Mac. Principal and interest from the individual mortgages is used to
pay principal and interest on the MBS.
MUNICIPAL NOTES AND BONDS: Securities issued by a state, city, or local government to
finance operations or special projects.
PRUDENT PERSON RULE: An investment standard. In some states the law requires that a
fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody
state--the so-called legal list. In other states the trustee may invest in a security if it is one which
Investment Policy Page 12 of 15 Approved October 23, 2017
Paj 28
would be bought by a prudent person of discretion and intelligence who is seeking a reasonable
income and preservation of capital.
QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim
exemption from the payment of any sales or compensating use or ad valorem taxes under the laws
of this state, which has segregated for the benefit of the commission eligible collateral having a
value of not less than its maximum liability and which has been approved by the Public Deposit
Protection Commission to hold public deposits.
RATE OF RETURN: A measure of worth, either at security or aggregate portfolio level, over
a period of time. There are many return conventions, including but not limited to yield to maturity
at cost, yield to maturity at market, yield to worst, time weighted total return, dollar weighted total
return.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities
to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security
"buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the
agreement are structured to compensate him for this. Dealers use RP extensively to finance their
positions. Exception: When the Fed is said to be doing RP, it is lending money, that is,
increasing bank reserves.
REVERSE REPURCHASE AGREEMENT: The purchase of a security by a dealer with the
agreement to sell it back to the seller at a fixed price at a later date. Typically used by owners of
securities to finance short-term needs without having to liquidate the security.
SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and
valuables of all types and descriptions are held in the bank's vaults for protection.
TIME DEPOSITS: A savings account or CD held for a fixed term or with the understanding
that the customer can withdraw only by giving advanced notice.
TREASURY BILLS: A short-term (less than one year) non-interest bearing discount security
issued by the U.S. Treasury department to finance the national debt. Most bills are issued to
mature in three months, six months, or one year.
TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than
10 years.
TREASURY NOTES: A non-interest bearing discount security issued by the U.S. Treasury to
finance the national debt. Most bills are issued to mature in three months, six months or one year.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that
member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1: also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to
purchase securities, one reason new public issues are spread among members of underwriting
syndicates. Liquid capital includes cash and assets easily converted into cash.
Investment Policy Page 13 of 15 Approved October 23, 2017
Paj 29
VARIABLE RATE MASTER DEMAND NOTES: A floating rate security with initial
maturities and indexed rates chosen by the investor. The interest rate is adjusted periodically,
usually off a standard such as that prevailing on a Treasury Bill or the prime interest rate.
YIELD: The rate of annual income return on an investment, expressed as a percentage.
INCOME YIELD is obtained by dividing the current dollar income by the current market price
for the security.
NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above
par or plus any discount from par in purchase price, with the adjustment spread over the period
from the date of purchase to the date of maturity of the bond.
Investment Policy Page 14 of 15 Approved October 23, 2017
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ATTACHMENT B
Dover, Delaware, Code of Ordinances >> PART I - CHARTER AND RELATED LAWS
PART I - CHARTER AND RELATED LAWS [1]
Subpart A - CHARTER
PREAMBLE [3]
We the people of the City of Dover, under the constitution and laws of the state
of Delaware, in order to secure the benefits of local self-government and to provide for an
honest and accountable council-manager government, do hereby adopt this charter and
confer upon the city the following powers, subject to the following restrictions, and
prescribed by the following procedures and governmental structure. By this action, we
secure the benefits of home rule and affirm the values of representative democracy,
professional management, strong political leadership, citizen participation, and regional
cooperation.
ARTICLE I. - POWERS OF THE CITY
ARTICLE II. - MAYOR AND COUNCIL
Sec. 17. - Controller/treasurer.
At the annual meeting the council shall elect a controller/treasurer to hold office
until the next annual meeting of the council, or until his/her successor has been duly
chosen and qualified, but subject to removal at any time by the council.
The controller/treasurer shall be the custodian of all the city funds and shall
deposit them in a banking institution designated by the council.
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 15))
Investment Policy Page 15 of 15 Approved October 23, 2017
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SPECIAL DOVER HUMAN RELATIONS COMMISSION
The Special Dover Human Relations Commission (DHRC) meeting was held on September 21, 2017
at 6:00 p.m. with Chairman Henderson presiding. Members present were Mr. Gaddis, Mrs. Herbert,
and Ms. Mullen. Mr. Fleming, Mr. Offredo, and Ms. Paige were absent.
AGENDA ADDITIONS/DELETIONS
Mr. Offredo moved for approval of the agenda, seconded by Mr. Gaddis and unanimously
carried.
DHRC Committee Updates
Government Policy, Programs, and Practices Committee (Gaddis)
No report was provided.
Community Engagement Committee (Mullen)
Ms. Mullen advised members that she had met with Pastor Mark Walters, St. Andrew’s Lutheran
Church, and had received a phone call from Pastor Christopher Hall, The Church The Body Of
Christ, on Townsend Boulevard. She stated that she also went to a Police Athletic League (PAL)
event hosted at Towne Point Elementary School and met with the leader of that organization, who
was looking to do more than just policing and really get into the communities. Ms. Mullen indicated
that they had a conversation regarding getting to know the cultures of the community and what
communities make up Dover.
Ms. Mullen indicated that she thought it was time to get some hard dates and move forward with a
community day. She noted that several churches were represented within the core of the DHRC, and
there were other churches in the community that wanted to take part. Ms. Mullen stated that
Pastors Walters and Hall want to do something. She noted that Pastor Hall has a social work
background and is very community driven. Ms. Mullen suggested inviting all of the communities
in the City to a community day, like a “Tearing Down the Walls Day”, having the churches present,
and addressing different issues or concerns that the DHRC is unaware of and that people may not
be comfortable expressing. She noted that this would be an opportunity for members to hear some
of the issues, and from there they could perhaps start coming up with resolutions.
Mr. Henderson stated that this was an aggressive agenda that could be discussed. He stated that he
agreed with Ms. Mullen and that members could support her.
Ms. Mullen suggested holding the event on The Green once the date is set. She indicated that the
different churches could be invited and the event could be advertised in the Dover Post.
Mr. Henderson asked when the event would be held, noting that summer was nearly over, and
suggested holding it at Delaware State University or the Delaware Technical and Community
College auditorium. He indicated the need to be careful of quorum restrictions, explaining that it
would probably be Ms. Mullen and himself who would participate. In response to Mr. Henderson,
Mrs. Jody Stein, Administrative Assistant, City Clerk’s Office, indicated that she thought members
may be discussing an event as opposed to a meeting. (City Clerk’s Office Note: Subsequent to the
meeting, it was determined that this event, as described, would not be permitted under Chapter 58 -
Human Relations, Article II - Human Relations Commission, Section 58-33(c of the Dover Code,
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SPECIAL DOVER HUMAN RELATIONS COMMISSION
MEETING OF SEPTEMBER 21, 2017 PAGE 2
which states that all meetings shall be held at City Hall and in accordance with the Laws of
Delaware regarding the Freedom of Information Act (FOIA) and City of Dover procedures.)
Ms. Mullen indicated that she would rather hold an event outside, stating that she thought members
would get more support outside.
Mrs. Herbert asked if this would require money, if food would be provided, and if this would be
done through the churches. Responding, Ms. Mullen stated that she was not thinking in terms of
food but in terms of having a board and some post cards, noting that people who do not want to be
vocal could write their community concern on a post card and turn it in or post it. She suggested that
the pastors may want to have a national prayer.
Ms. Mullen asked who to contact to reserve The Green. Mr. Henderson stated that some type of
permit would probably be needed, permission could probably be obtained at City Hall, and the Police
Department may authorize it. Mrs. Stein offered to obtain information, noting that the Parks and
Recreation Department may have to be contacted. Mrs. Mullen stated that once this was done, not
much else would be needed to move forward. She noted that the event would have to be announced
and the public made aware of it, stating that this could be done through the Dover Post, and she
asked if this would be free. Responding, Mr. Henderson stated that this would not be free.
Mrs. Herbert indicated that an announcement for a gathering could be free, and noted that if the
Dover Post wanted to do an article about it, that would be free.
Mr. Henderson stated that, if done correctly, the event would require coordination and input from
various members, noting that this could not be done next week. He stated that this might be
something that is brought before Council, who may have some issues and want to be there.
Mr. Henderson expressed his belief that Councilman Sudler would be particularly interested in
participating. He expressed the need to know who the players are, the subject matter, and if it is a
ministerial or civil event.
Ms. Mullen advised that she would like to be proactive as opposed to being reactive. She noted that
there was always rioting somewhere, in different states, and thanked God that the City had not
experienced this. Ms. Mullen stated that this event would not be a riot but something positive and
members would welcome all issues and concerns, both positive and negative, and see what Dover
as a city and City Council could do to put things in place.
Mrs. Herbert suggested having a unity walk where everyone could walk together for a period of time.
Mr. Gaddis asked whom members would want to have involved, noting that churches would
obviously be involved. He suggested developing a handout, which he could print and could be
dropped off at a church. Mr. Gaddis asked what other organizations the DHRC would touch base
with, stating that City Council would be a good idea, and perhaps police departments and schools.
Noting that bad weather was approaching, he suggested trying to have the event in a school
gymnasium, such as Dover High School. He reiterated the need to determine who else the
Commission would like to involve in the event, besides churches.
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SPECIAL DOVER HUMAN RELATIONS COMMISSION
MEETING OF SEPTEMBER 21, 2017 PAGE 3
Responding to Mr. Henderson, Ms. Mullen stated that she could brainstorm what the event would
be called and suggested something like “Breaking Down the Walls”, because there are so many
different ethnic groups and nationalities and other cultures are sometimes not understood. She
indicated that something she may not find offensive may be offensive to another culture, and she
may not be aware of this. Ms. Mullen noted that sometimes it just takes a little bit of educating to
let someone know about the culture of a particular ethnic group. She stated the need to respect one
another.
Mrs. Herbert advised that it would be a good idea to have a variety of different people, like Muslims,
etc., who would be willing to speak for approximately five (5) minutes about their culture.
Mr. Henderson stated that he loved the idea and suggested having a brainstorming session to flesh
it out a little more. He suggested that colleges or libraries could serve as a back-up, rainy day
location. Mr. Henderson advised that it would not really be that difficult to put the event on if
members did it right. He stated that he and Ms. Paige are with the Interdenominational Ministerial
Alliance (IMA). Mr. Henderson suggested getting Ms. Paige involved as administration is her
strength. He noted that he would also be willing to work with Ms. Mullen.
Ms. Stein suggested that this item be placed on the next meeting agenda for discussion, stating that
if members planned to hold the event they would need Council’s approval.
Mr. Gaddis suggested that all members come up with ideas and noted the need for a name. He stated
that he was unsure about “Breaking Down the Walls” but that there was a need for something that
gets across the idea that it is going to be multicultural. Mr. Gaddis indicated that members need to
come up with people, organizations, and cultures that they want to have represented, determine a
date, and work on the format. He suggested communicating this to the three (3) absent members and
that an email go out saying that Ms. Mullen had presented the idea of a gathering of cultures to get
to know each other. Mr. Gaddis indicated that a title was needed to communicate the concept to a
broad base of people. He noted that churches were being considered and suggested that this be
broadened to religious organizations, synagogues, mosques, etc. Mr. Gaddis asked if there were
other groups that members felt needed to be included. He suggested that members could brainstorm
this issue at the next meeting.
Mr. Henderson stated that he agreed with Mr. Gaddis. He indicated that there may be a need to
narrow the scope or plan for a series of workshops, stating that when that many people are involved,
it will not all be done in one (1) session. Mr. Henderson advised that there may be a wide spectrum
of community issues and suggested that members may be able to create a format where this type of
thing can be done on a regular basis.
Mr. Henderson expressed the desire to give the concept a chance to grow and nurture it. He stated
that, as a Commission, members want to make sure they put out a good, clear, coherent product, so
that the community knows what the DHRC is talking about. Mr. Henderson noted that former
Commissioner James McGiffin had previously done a survey of diversity issues that started out with
an embryonic concept. He suggested brainstorming and getting other Commissioners and people
involved.
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SPECIAL DOVER HUMAN RELATIONS COMMISSION
MEETING OF SEPTEMBER 21, 2017 PAGE 4
Education Committee (Fleming)
Mr. Henderson explained that Mr. Fleming was unable to attend but had asked that members be
provided a handout regarding a Parent Student Resource Fair being put on by the Community
Engagement Forum, Restoring Central Dover, National Council on Agricultural Life and Labor
(NCALL) on September 30, 2017 from 10:00 a.m. to 1:00 p.m. at the Wesley College Center
(Attachment #1). He noted that Mr. Fleming had indicated that representatives from the State and
the Capital School District would attend the event and there would be a keynote speaker, as well as
a panel of speakers, including Mr. Kevin Tinsley, who would be speaking on the rights of disabled
students. Mr. Henderson noted that DHRC members were welcome to attend and were invited to
post signs about the event in their communities.
Communications Committee (Paige)
Mr. Henderson stated that Ms. Paige was unable to attend but was continuing to work on a brochure
for the DHRC. He indicated that he thought Ms. Paige would appreciate input. Mr. Henderson
noted that he had advised Ms. Paige that he wanted to make some slight changes to the pamphlet.
During the Regular City Council meeting of April 10, 2017, Council considered the Development
of a Concise Statement - Mission and Functions of DHRC and approved the DHRC’s
recommendation to accept the concise statement as written. Mr. Gaddis stated that he wondered if
Ms. Paige would be willing to put the shortened mission statement that the DHRC came up with
several months ago in the brochure. Responding, Mr. Henderson indicated that Ms. Paige was
amenable to any input members have and was looking for them to become actively involved. He
noted that Ms. Paige had emailed him the pamphlet and stated the need for members to look at the
pamphlet and get it done.
State Human Relations Commission Liaison Report (Herbert)
Mrs. Herbert advised members that she and Mr. Henderson had attended the State Human Relations
Commission (SHRC) executive committee meeting held on August 10, 2017 and expressed to the
SHRC the fact that the DHRC wanted to be able to work together with them. She noted that
Mr. Calvin Christopher, Chair, SHRC, stated that this would be placed on the September agenda for
the whole SHRC; however, when she and Mr. Henderson arrived at the September meeting, this item
was not on the agenda.
Mrs. Herbert noted that she and Mr. Henderson were able to make their presentation of Long-Term
Objective C.2 of the City of Dover Human Relations Commission Strategic Plan 2015 - 2018, which
states, “Develop an understanding with the State Human Relations Commission that will delineate
the roles and procedures of the two Commissions in the solution of alleged discrimination
complaints which fall within the jurisdiction of the State Human Relations Commission, and identify
and maintain specific ways the two Commissions will work together.” She indicated that
Mr. Christopher stated that he would put this on next month’s SHRC agenda. Mrs. Herbert
explained that the SHRC requested that she provide them Objective C.2 and Ms. Kelly Brown, their
assistant, would distribute it to all the SHRC Commissioners.
Mrs. Herbert noted that Mr. Christopher had stated that he wanted to have a chance to talk with the
people in Sussex and Kent Counties, as opposed to the people that are up in Wilmington and
Newark, and to have one (1) of the people that represents those counties be a liaison to the DHRC
Paj 36
SPECIAL DOVER HUMAN RELATIONS COMMISSION
MEETING OF SEPTEMBER 21, 2017 PAGE 5
to work with them to answer questions and figure out ways they should interact together. She stated
her assumption that this would be handled at the next meeting on the second Thursday of the month
at 5:30 p.m. in the conference room on the second floor of the Cannon Building on Silver Lake
Boulevard. Mrs. Herbert advised that she planned to attend. She noted that the SHRC was very glad
that there was an exact and clear statement of what the DHRC wanted and how they wanted to do
it, and they were going to send out precisely what Mrs. Herbert had stated about Objective C.2.
Mr. Henderson noted that he also planned to attend the next SHRC meeting, unless someone else
would like to go.
Future Meeting Dates
During the Special DHRC meeting of August 24, 2017, members tabled the motion to recommend
that the DHRC meet on the fourth Thursday of the month pending further research regarding
Chapter 58 of the Dover Code and potential other dates.
Mr. Gaddis moved to lift the matter from the table, seconded by Mr. Henderson and
unanimously carried.
Mrs. Jody Stein, Administrative Assistant, City Clerk’s Office, noted that, if it would work out well
with members, holding meetings on the third Thursday of the month, as opposed to the fourth
Thursday, would be preferable for staff.
Mr. Henderson asked if members could agree to meet on the third Thursday of the month.
Mrs. Herbert moved to recommend that the DHRC meet on the third Thursday of the month
at 6:00 p.m., seconded by Ms. Mullen and unanimously carried.
Ms. Mullen moved for adjournment, seconded by Mrs. Herbert and unanimously carried.
Meeting adjourned at 6:32 p.m.
Theodore A. Henderson
Chair
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Attachment
Attachment #1 - Handout - Parent Student Resource Fair - Community Engagement Forum, Restoring Central Dover,
NCALL
Paj 37
ATTACHMENT #1
Special DHRC Meeting of 09/21/2017
TH[ COMMUNITY ENGA G[MENT fORUM , R[STORING G[NTRAl OOVER, NGALl
WHCO Mf S YOU TO JOIN US fOR OUR
Rf S 0 UR Cf _ f A IR
Sf PT. 30TH lO:OOAM - l:OOPM
WESlEY COllEG[ CENTER
120 N STATE ST. OOV[R , OE 19901
PARKIN GIS OH Of GOVfRNORS Avt
INfORMATION TAB l fS , PANfl DISCUSSIONS, VfNOORS, ADVOCACY INfORMATION
Af T[R SCHOOl PROGRAM INfORMA TI ON
SP[CIAl GUEST SPEAKER : OR. MICHAEL CASSON
Al l PARf NTS AND STUOfNTS AR[ WHCOM[ TO JOI N USlll
Paj 38
SPECIAL DOVER HUMAN RELATIONS COMMISSION
The Special Dover Human Relations Commission (DHRC) meeting was held on October 19, 2017
at 6:00 p.m. with Chairman Henderson presiding. Members present were Mr. Fleming,
Mrs. Herbert, and Mr. Offredo. Mr. Gaddis, Ms. Mullen, and Ms. Paige were absent.
AGENDA ADDITIONS/DELETIONS
Mr. Fleming moved for approval of the agenda, seconded by Mr. Offredo and unanimously
carried.
DHRC Committee Updates
Government Policy, Programs, and Practices Committee (Gaddis)
No update was provided.
Community Engagement Committee (Mullen)
No update was provided.
Education Committee (Fleming)
During the Special Dover Human Relations Commission meeting of September 21, 2017, members
were provided a handout regarding a Parent Student Resource Fair being put on by the Community
Engagement Forum, Restoring Central Dover, National Council on Agricultural Life and Labor
(NCALL) on September 30, 2017. Mr. Fleming stated that this event had been held and was not
extremely well attended; however, a lot of valuable information was dispensed. He noted that
Mrs. Herbert and Mr. Gaddis had attended. Mr. Fleming advised that the conference was interesting,
presented a lot of perspectives, and a lot of individuals were present who gave information on what
is available to parents of students with special needs.
Mrs. Herbert stated that, even though they failed to get parents to come, there were many
professional people at the conference who knew their own professions but not someone else’s, and
they learned a lot. Mrs. Herbert indicated that she thought that the advertising for the event might
have been the problem.
Communications Committee (Paige)
Mr. Offredo advised that he and Ms. Paige had worked on the draft Dover Human Relations
Commission brochure, which was pretty much in its completed format, aside from the section under
“Our Meetings.” He noted that they had left this section blank because he was unsure if members
had discussed on which Thursday of the month they would be meeting. Mr. Offredo indicated that
the brochure was 99.9% complete and suggested that it be placed on the next meeting agenda.
Mrs. Herbert explained that, during the DHRC meeting of September 21, 2017, members had
recommended that the DHRC meet on the third Thursday of the month. Mr. Offredo stated that
before the next meeting he would update the brochure to reflect that information, review it, and
provide it to Mrs. Jody Stein, Administrative Assistant, City Clerk’s Office, to be included on the
agenda. Responding to Mrs. Stein, Mr. Offredo stated that he would prefer to wait until the next
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SPECIAL DOVER HUMAN RELATIONS COMMISSION
MEETING OF OCTOBER 19, 2017 PAGE 2
meeting to finalize the brochure, rather than attaching it to the current meeting minutes, so that
members could review it once again prior to Council’s review.
Mr. Henderson suggested that it be included somewhere in the brochure that he is the Chair of the
DHRC. He stated that he had no other problems with the brochure.
Mr. Fleming stated that he had reviewed the draft brochure, which looked really good. He indicated
that, at one point, members were thinking about modifying the statement regarding DHRC meetings
in Chapter 58 - Human Relations of the Dover Code. Responding, Mrs. Herbert stated that she
thought that members had resolved that issue during a previous meeting when they stated that they
would hold special meetings and could then meet as much as they wanted. Mr. Fleming stated that
he was not aware that the Commission could do that. He explained that he wanted to mention it
before Mr. Offredo finalizes the brochure, if members were thinking of making a change.
State Human Relations Commission Liaison Report
During the Special DHRC Meeting of September 21, 2017, Mrs. Herbert advised members that she
and Mr. Henderson had attended the State Human Relations Commission (SHRC) executive
committee meeting held on August 10, 2017 and expressed to the SHRC that the DHRC wanted to
be able to work together with them. She noted that Mr. Calvin Christopher, Chair, SHRC, stated that
this would be placed on the September agenda for the whole SHRC; however, when she and
Mr. Henderson arrived at the September meeting, it was not on the agenda.
Mrs. Herbert explained that she attended the SHRC meeting on October 12, 2017 and the DHRC’s
request was again not on the agenda. She stated that she asked when the item would be placed on
their agenda and they settled the matter by provided a contact, Dr. Nancy Maihoff, Ph.D.
Mrs. Herbert informed members that, according to Dr. Maihoff’s card, she is a consultant in research
design, statistics evaluation, educational testing, and test development who lives in Dover. She
advised that she had told Dr. Maihoff that she would call her; however, she was unsure whether
members wanted Dr. Maihoff to come before the DHRC or if they wanted Mrs. Herbert to have a
conversation with her before that.
Mr. Henderson asked what the value would be in having Dr. Maihoff come and share with the
DHRC. Responding, Mrs. Herbert stated that she did not know because she had not had a chance
to talk with Dr. Maihoff. She indicated that she had heard that someone had come from the State
in the past. Mrs. Herbert noted that she left the SHRC meeting after she accomplished her mission;
however, the person who stood up to speak as she was leaving stated that they wanted their concern
to be kept confidential. She stated that she assumed this individual was told that their concern could
not be kept confidential since it was an open meeting. Mrs. Herbert explained that apparently the
SHRC hears complaints; however, she was unsure whether this individual was in the correct place
to state her complaint.
Mrs. Herbert stated her assumption, based on the wording in the DHRC’s Strategic Plan, that
members want to know how to communicate with the SHRC if there is an issue that they feel the
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SPECIAL DOVER HUMAN RELATIONS COMMISSION
MEETING OF OCTOBER 19, 2017 PAGE 3
SHRC should handle. She indicated that Dr. Maihoff is very nice and had attended every SHRC
meeting, noting that some of the people do not. Mrs. Herbert advised that she would call
Dr. Maihoff to see if she had time to chat on the phone or sit down and talk. She stated her belief
that the SHRC knows that the DHRC members are new and not quite sure of the path they should
be taking. Mrs. Herbert noted that the SHRC is also an advisory committee and should understand
the DHRC’s issue on that.
Mr. Fleming stated that he and Mrs. Herbert questioned the value of attending all of the SHRC
meetings. He suggested, once they find out the SHRC’s meeting schedule, that DHRC members take
turns going so each of them would have some understanding of what the State is doing. Mr. Fleming
noted that this would take the burden of attending every meeting off Mrs. Herbert.
Mrs. Herbert indicated that, from what she had seen by going to SHRC meetings, she did not feel
it was worth going to every meeting and was unsure if DHRC members would get that much out of
it. She advised that the DHRC needed to know how to connect with the SHRC and touch base
periodically. Mr. Henderson stated that he concurred and that DHRC members might want to go just
to see what the State meetings are like. Mrs. Herbert indicated that the meetings are open to anyone.
Mrs. Herbert stated her understanding that the SHRC liaison position did not involve attending all
of the SHRC meetings but creating a way for the DHRC and the SHRC to communicate with each
other, as was written in the DHRC Strategic Plan. She advised that, in this case, this communication
would be through calls between herself and Dr. Maihoff, noting that members may want to do this
differently.
In response to Mr. Henderson, Mrs. Herbert advised that the SHRC meets on the second Thursday
of every month at 5:30 p.m. in the Cannon Building on Silver Lake Boulevard. She indicated that
she would like to discuss with Dr. Maihoff the possibility of having Dr. Maihoff tell her if the SHRC
will be considering something that she feels the DHRC needs to come to a meeting to observe and
hear, and set up this kind of rapport with her.
Mr. Offredo noted that the SHRC is a public body and DHRC members could view the SHRC
agendas and minutes online to see if there is something that they need to know about or attend, in
addition to any reports they may have. Mrs. Herbert advised that she had been checking the SHRC
agendas, which was how she knew the DHRC had not been included. She stated that she thought
DHRC members had attended three (3) or four (4) meetings to get on the agenda. Mrs. Herbert
indicated that she had been looking at the SHRC’s minutes and a lot of what they talk about is
legislative, which she thought the DHRC should be very interested in. She noted that homelessness
is one (1) of the issues. Mrs. Herbert stated that she thought that the SHRC was in the same position
as the DHRC, noting that they cannot support anyone in particular, but can say things like, “The
homeless should be treated as fairly as everyone else.” Mrs. Herbert stated that until she talks to
Dr. Maihoff she will not know how to go about this. She stated that she wanted to develop a
working relationship with Dr. Maihoff and was more concerned about the process of how to interact
together than attending the meetings because all of their minutes are online.
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SPECIAL DOVER HUMAN RELATIONS COMMISSION
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Mrs. Herbert stated that she did not know how often the SHRC has executive sessions, noting that
she and Mr. Henderson went to a meeting that was supposed to start at 5:30 p.m. and it started at
6:15 p.m. She explained that SHRC agendas are available ahead of time and suggested that
members check them if they wish to attend a meeting because cancellations are sometimes reflected
online.
Mr. Henderson noted that Mr. Gerald Rocha had approached Ms. Paige regarding his interest in
joining the DHRC. Responding to Mr. Henderson, Mrs. Jody Stein, Administrative Assistant, City
Clerk’s Office, stated that Mr. Rocha resides in the First District. Mr. Henderson stated that he knew
Mr. Rocha very well because they are in the same fraternity and he thought that Mr. Rocha would
be very good for the Commission, noting that he is an active individual and a very good man.
Mr. Henderson stated that he looked forward to possibly having Mr. Rocha on the Commission.
Mr. Fleming moved for adjournment, seconded by Mr. Offredo and unanimously carried.
Meeting adjourned at 6:17 p.m.
Theodore A. Henderson
Chair
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COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on October 24, 2017 at 6:01 p.m., with Council President
Slavin presiding. Members of Council present were Mr. Anderson (arrived at 6:06 p.m.),
Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole, Mr. Polce (departed at 6:18 p.m. and returned at
6:21 p.m.), Mr. Hare, and Mr. Lindell. Mayor Christiansen was also present. Civilian members
present for their Committee meetings were Mr. Garfinkel and Mr. Shelton (Safety Advisory and
Transportation), and Mr. Shevock (Legislative, Finance, and Administration). Dr. Stewart
(Legislative, Finance, and Administration) was absent.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Lewis presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Lindell and unanimously carried.
Update - Alternative to Speed Bumps - Ann Avenue (Sudler)
During their meeting of July 24, 2017, City Council approved the Council Committee of the
Whole/Safety Advisory and Transportation Committee’s recommendation to: a) install a traffic
enforcement sign on Ann Avenue; b) install strictly enforced speed limit signs on Ann Avenue; and
c) perform a traffic study on Walker Road and Ann Avenue indicating the timing of the lights and
the count, date, and time of traffic flow.
Police Chief Mailey advised members that the Police Department conducted a speed survey of
Ann Avenue, just north of Walker Road, after receiving a complaint from Mr. Sudler in reference
to speeding through the neighborhood. He recalled that the original question was whether speed
bumps would be feasible, explaining that he did not believe they would be because of a stipulation
in the City Code. Chief Mailey reviewed the results of the speed survey conducted between
July 14, 2017 and July 25, 2017, noting that 3,715 cars passed through the neighborhood during that
time. He informed members that the average speed of vehicles passing through was 21.9 miles per
hour (mph), the maximum speed was 57.6 mph, and the minimum speed was 6.3 mph. Chief Mailey
noted that the posted speed limit in the neighborhood is 25 mph and 29 percent of the 3,715 vehicles
were traveling between the speeds of 20 and 25 mph. He stated that 983 vehicles or 26.5 percent
were traveling between 15 and 20 mph, and 715 vehicles or 19.2 percent were traveling between 25
and 30 mph. Chief Mailey noted that approximately 10 percent were traveling between 10 and
15 mph, and 6.6 percent or 245 vehicles were traveling between 30 and 35 mph. He offered to email
the results of the speed survey to members. (City Clerk’s Office Note: Subsequent to the meeting,
the “MetroCount Traffic Executive Speed Statistics” report (as on file in the City Clerk’s Office) was
provided to members.)
Chief Mailey advised that he had contacted Mr. Windley from Senator Carper’s office, who helps
the Police Department with grants, and asked about the feasibility of grants for speed measuring
devices. He stated that Mr. Windley informed him that there were no grants available at that time
that the Department could apply for.
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Chief Mailey stated that he thought that the best way to solve this problem would be through
visibility and enforcement. He noted that there are several areas in the City that have similar
problems and the Department’s motorcycle unit moves from location to location throughout the
month to try and serve the whole City. Chief Mailey advised that the motorcycle unit is understaffed
due to a promotion and an officer injury from May of 2017. He explained that he has people in the
academy, however, they will not come out of the academy until March of 2017, and then it will be
approximately six (6) months before they go on their own. Chief Mailey stated that, with the
depleted motorcycle unit, he also asked the patrol unit to move around the City and conduct
enforcement, noting that they do a very good job in between going to complaints.
Mr. Sudler asked if Chief Mailey thought that a speed indicator that says slow down or too fast, like
the one on Slaughter Street, could make a difference with the traffic issue on Ann Avenue and not
cost that much. Responding, Chief Mailey stated that he thought that a speed sign would help. He
noted that he had just come from an International Association of Police Chiefs (IACP) conference
in Philadelphia that had several displays, and he and the Major were trying to price trailers that can
be towed behind to move from one location to another. Chief Mailey stated that the Department is
going to try to get one of them because they receive complaints from all over the City and these
trailers do serve as a deterrent. He explained that when people are going 5, 10, or 15 mph above the
speed limit and see a flashing sign, this brings about public awareness. Chief Mailey stated that
people on the street see it, which is like peer pressure. He noted that drivers either slow down or
ignore it, and they typically slow down. Chief Mailey advised that the Department is looking to
correct the behavior and they do not want to write a bunch of tickets; however, they do have to
maintain public safety.
Mr. Anderson asked whether Chief Mailey thought that the City should consider adding strictly
enforced signs, not in the whole City but in developments. He indicated that these signs could be
used when City needs to enforce speed limits, like on Ann Avenue or Village Drive, where 25 mph
is the top speed that would be wanted, as opposed to most of Governors Avenue or Division Street,
where there is more leeway because of the size of the street. In response, Chief Mailey stated that
he thought this would help, noting that Mrs. Donna Mitchell, Acting City Manager, had information
on signs and Mr. Anderson may want to pose this question to her.
Mr. Anderson asked if State guidelines indicate that the State wants municipalities to add strictly
enforced signs or else give substantial leeway in the speed enforcement. Responding, Mrs. Mitchell
stated that she thought that this was a municipal decision and that the State did not care whether
municipalities put up strictly enforced signs; however, she could check on it.
Mrs. Mitchell informed members that Mrs. Sharon Duca, Public Works Director, had advised her
that the City asked for money from Senator Bushweller in one (1) of the Community Transportation
Fund (CTF) agreements for a mobile sign, and he had given $8,500 for it. She indicated that, based
on the discussion during the meeting when this matter was considered previously, Ann Avenue was
one (1) of the areas where staff planned to put a sign to start with. Mrs. Mitchell advised that this
CTF agreement was underway. She noted that, during the previous discussion, it was stated that if
strictly enforced signage is put out, there will be a need to strictly enforce, and it would be up to
Chief Mailey how aggressively he could do this, with staff and time, etc. Mrs. Mitchell stated that
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the traffic sign could be put out there and noted that Mrs. Duca indicated that if this is a permanent
battle out there, a permanent sign may be wanted instead of the mobile sign. She advised that staff
had been waiting for the police traffic study to come back to determine whether a permanent sign
would be better than the mobile sign.
In response to Mr. Anderson, Mrs. Mitchell stated that she did not have cost estimates on the strictly
enforced signs.
Mr. Hare noted that he had seen cameras used for speeding in other states and they work.
Responding, Chief Mailey indicated that there had been a lot of talk about camera use; however, he
noted that this would have to be passed by the State legislature. He advised that Maryland has these
cameras; however, as far as he knew, nothing had been drafted or was on the Delaware legislative
floor.
Mayor Christiansen indicated that he had gone to sit in the Ann Avenue area on several occasions,
the latest being earlier in the day, and noticed that the timing of the light at Saulsbury and
Walker Roads was one (1) of the things affecting the high volume of traffic through Ann Avenue.
He stated that he wondered if the City should check with the Delaware Department of Transportation
(DelDOT) because these are both DelDOT controlled roads. Mayor Christiansen advised that he
noticed that if traffic is backed up at clock-out time at for one (1) of the local employers, people cut
through this neighborhood. He suggested putting strict enforcement out there during that time if
there is enough staff.
Chief Mailey indicated that he could reach out to Mr. Rivera at DelDOT, who had helped with a lot
of issues and could perhaps provide some guidance and help on the cycling of that light.
In response to Mr. Shelton, Chief Mailey stated that he did not check how many tickets were written
during the time period of the traffic study. He explained that typically staff conducts the speed
survey and tries to let the area be unaffected by enforcement to get a good barometer of what is going
on. Chief Mailey advised that having an officer there would skew the numbers.
Mr. Shelton stated that writing tickets would offer a deterrent for speeders cutting through. He
indicated that he goes through the area and sees a lot of traffic coming out of Edgewell, going
through the area, and heading north on Saulsbury Road.
Mr. Neil requested that the light on North State Street be kept green longer so that traffic can go back
and forth safely.
Mr. Hare asked if Chief Mailey had looked at the possibility of hiring officers from Camden or
Wyoming on a part-time basis and basing their pay on the number of tickets they write. Responding,
Chief Mailey indicated that he did not love the idea of having another officer come in and enforce
laws within the City of Dover and thought it would be problematic to pay officers to come and write
tickets. In response to Mr. Hare, Chief Mailey stated that they could look at hiring an off-duty City
officer. He noted that the Department pays an hourly rate based on enforcement efforts, which are
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always at 110 percent. Mr. Hare stated that one (1) officer could probably make a living just sitting
on Wyoming Avenue.
In response to Mr. Lewis, Chief Mailey advised that he would continue to keep a vigilant eye on this
matter.
Mr. Hare moved for adjournment of the Safety Advisory and Transportation Committee
meeting, seconded by Mr. Cole and unanimously carried.
Meeting adjourned at 6:17 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Cole presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Lewis moved for approval of the agenda, seconded by Mr. Neil and unanimously carried.
Americans with Disabilities Act Sidewalk Compliance - Lincoln Street
Members were advised that the Fiscal Year 2017 Street & Alley Program includes Lincoln Street as
a street that is scheduled to be reconstructed. Staff identified that the northern side of Lincoln Street,
near the intersection with Forest Street, has sidewalk that is not compliant with the Americans with
Disabilities Act (ADA) as the cross slope does not meet the standards, and it would be impossible
to regrade the driveways to meet this requirement. Staff’s recommendation was to bump out the new
sidewalks into the road, an example of which exists on Washington Street. An adjustment to the
adjacent catch basin would be required as well. The road width would be reduced to 26 feet and, as
a result, parking would only be allowed on one (1) side of the street.
Staff recommended approval of the proposed sidewalk orientation to comply with the Americans
with Disabilities Act.
Mr. Anderson noted that Lincoln Street is very busy and asked how the width reduction would affect
traffic and if it would make this a substandard portion of the road. In response, Mrs. Mitchell stated
that the road would still meet the requirements for road width. She indicated that if sidewalks had
to be done on both sides it would not be doable; however, Mrs. Sharon Duca, Public Works Director,
had included a sidewalk on just one (1) side, which made the 26-foot roadway width doable.
Mrs. Mitchell stated that she could not speak from an engineering perspective; however, she had
advised Mrs. Duca that she would present this matter since it Mrs. Duca’s daughter’s birthday.
Mr. Neil moved to recommend approval of the proposed sidewalk orientation to comply with the
Americans with Disabilities Act, as recommended by staff. The motion was seconded by Mr. Hare.
Mr. Hare asked who requested this item. Responding, Mrs. Mitchell indicated that, during the
Council Committee of the Whole/Utility Committee meeting of October 10, 2017, there was an
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ADA presentation and that, as streets are being improved, the City is having to upgrade sidewalks
to meet federal ADA requirements. In response to Mr. Hare, Mrs. Mitchell explained that the
sidewalk upgrades were not optional due to federal ADA requirements. Noting that the original
width would be reduced from 32 feet to 26 feet, she reiterated that there would not be parking on
both sides of the street.
Mr. Sudler stated that he personally thought this matter should be deferred until Mrs. Duca was
present. Responding to Mr. Sudler, Mrs. Mitchell stated her understanding that a sidewalk was not
required on the other side of the street; however, she would have to confirm that with Mrs. Duca.
Mr. Sudler indicated that he would be voting no because he thought that members needed to get
more information from Mrs. Duca before making a final decision.
The motion to recommend approval of the proposed sidewalk orientation to comply with the
Americans with Disabilities Act, as recommended by staff, was carried by a roll call vote of
seven (7) yes (Neil, Lewis, Cole, Polce, Hare, Lindell, and Slavin), and two (2) no (Anderson
and Sudler).
Mrs. Mitchell stated that she would ask Mrs. Duca to provide additional information. (City Clerk’s
Office Note: Subsequent to the meeting, Mrs. Mitchell notified members that Mrs. Duca advised her
that the sidewalk section on the other side of Lincoln Street is at the correct grade and already
compliant.)
Conwell Street Discussion
During their meeting of August 28, 2017, City Council approved the Council Committee of the
Whole/Utility Committee’s recommendation that a legal opinion regarding the ownership of
Conwell Street and the City’s legal options in regard to this matter be provided at the next Utility
Committee meeting.
Mr. Slavin advised that on October 23, 2017, members of Council held an Executive Session
regarding this matter and the contents of that session could not be discussed in a public forum, nor
could the legal opinion that members received.
Mr. Slavin moved to recommend that the concerns of residents of Conwell Street be directed
to the State legislators for that district and request that the State of Delaware take ownership
of that street. The motion was seconded by Mr. Sudler and unanimously carried.
Mr. Neil moved for adjournment of the Utility Committee meeting. The motion was seconded
by Mr. Lewis and unanimously carried.
Meeting adjourned at 6:13 p.m.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Lewis and unanimously carried.
Proposed Ordinance #2017-14 Amending Chapter 30 - Code of Conduct and Ethics
Commission, and Appendix F - Fees and Fines (City of Dover Ethics Initiative)
(Sponsors: Lindell, Polce, and Slavin)
During their meeting of September 12, 2017, members of the Council Committee of the
Whole/Legislative, Finance, and Administration Committee considered a Proposed City of Dover
Ethics Initiative, and during their meeting of October 10, 2017, members deleted Proposed
Ordinance #2017-14 from the agenda, due to the absence of Council President Slavin, who was a
sponsor of the ordinance, and due to Mr. Polce’s conversations with Mrs. Traci McDowell, City
Clerk, regarding tightening up some of the language.
Mr. Polce expressed appreciation to Mrs. McDowell for the tremendous amount of time and effort
she had placed in revising this specific section of the ordinance, and to his colleagues for their
comments on how to strengthen a raw idea with regard to the City’s Code of Conduct and Ethics.
He explained that the Proposed Ordinance would make general revisions to the ordinance, bring it
up to current practice, and address four (4) items that were discussed approximately one (1) month
and two (2) weeks ago.
Mr. Polce advised that a four-pronged process would be used to ensure that Council members are
operating in a transparent fashion when it relates to financial holdings. Referring to line 73 of the
Proposed Ordinance, Mr. Polce stated that the first prong would require both elected and appointed
officials to receive and read the Standards of Ethical Conduct and Ethics Commission either
electronically or in hard copy and sign and acknowledge that they have read the contents. He advised
that the second prong was a financial disclosure report, noting that a template of the report was
attached as an appendix to the Proposed Ordinance. Mr. Polce indicated that this document was
modeled directly after the Public Integrity Commission’s (PIC’s) document that all elected officials
both in the General Assembly and the executive branch have to file annually. He stated that the
document is fairly straightforward and essentially asks for disclosure of where financial interests are
vested to ensure operation in the most open and transparent fashion possible.
Mr. Polce explained that the Proposed Ordinance also requires members to receive annual training
to be received in the modality that is best. He noted that there had been a great partnership with the
PIC, and the executive director of the Commission had offered to come to a Council meeting to offer
guidance on specific procedures.
Mr. Polce stated that the spirit and revisions of the ordinance would get to the issue that members
had been facing: operating in an open and transparent fashion and ultimately holding themselves
accountable where potential conflicts of interest rooted in financial holdings come into play. He
indicated that the revisions would bring the ordinance to standard and best practice. Mr. Polce stated
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that Mrs. McDowell did extensive research on several different municipalities and cities to
incorporate language that strengthens the City’s current practice.
Mr. Sudler, referring to the Financial Disclosure Report, Section 1(A) Instruments of Ownership,
noted that the form states “Do not include dollar amounts.” Responding to Mr. Sudler, Mr. Polce
explained that only the entity that members work for was needed. Mr. Slavin stated his
understanding that the instructions for Section 1 indicate that legal or equitable ownership in excess
of $5,000 needs to be disclosed and below $5,000 does not need to be disclosed.
Mr. Sudler stated that he did not agree that a dollar amount is necessary at this segment of
government and that he thought that this should be stricken from the template. He indicated that he
thought it was okay to disclose the entity for which members work, but disclosing how much one
makes from that entity was irrelevant and he asked that this be removed. Responding, Mr. Slavin
advised that members would never have to disclose how much they make but only the interest they
have if the amount is above $5,000. He explained, for example, that if he owns Company A and
determines that it is worth $1,000, he would not list Company A; however, if he owns Company B,
which is worth $6,000, he would list “Company B” without any dollar amounts.
Mr. Lewis noted that Section 1(A) of the Financial Disclosure Report states that the instruments of
ownership includes retirement accounts, 401K, IRA, etc., and advised that he works for the State of
Delaware and has investments in a 401K and an IRA. He indicated that money in his fund is
disbursed in different areas and asked if he would be required to name all of those companies.
Responding, Mr. Slavin noted that he files this form on an annual basis and only the manager of the
fund, such as Fidelity Investments, Voya Financial, or the State of Delaware pension system, needs
to be named.
Mr. Neil stated that he is receiving money from his 401K and would report those who are managing
it; however, if Mr. Lewis is in a 401K and is not receiving money but just putting it into the fund,
he did not believe that Mr. Lewis would have to report it since he would not be taking it out until he
retires. Responding, Mr. Slavin stated that it would be a matter of where someone’s interests are.
He indicated that if a member bought interest in a particular fund’s 401K, they would list that fund
manager.
In response to Mr. Lewis, Mr. Slavin stated that these funds would be considered an investment and
all investments are required to be disclosed at the highest level, but not at the individual level. He
advised that he thought that individual stocks are not asked for. Mr. Slavin noted that if a member
has a mutual fund, they will list the owner of the mutual fund.
Mr. Anderson advised that there had been a lot of work and improvement in this process and
expressed thanks. He indicated that he still had a problem with unnecessarily cutting and pasting
this type of form to have things that really should not be included at either level. Mr. Anderson
stated that he thought a 401K should be treated the same as a bank account, which is not required
to be disclosed, and that this particular element should be removed. He advised that, with a thrift
account, someone could change their monetary allocation twice a month and their future
contributions every day if they wanted to, not that he would do so. Mr. Anderson stated that the
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proposed provision would not really give any information, noting that someone has no more financial
interest in having their bank account at Fidelity than they do in having it at Citizens. He indicated
that these are instruments for anonymous investments for which members do not control the
outcome. Mr. Anderson advised, for example, that the City deciding whether or not to get a
Templeton fund or a Fidelity fund would not remotely affect the value in any way possible. He
stated that this provision was just more paperwork, should be dropped from the City’s form, and
members should focus on things that could create a possible conflict of interest. Mr. Anderson
indicated that most of the rest of the form dealt with more practical things, such as business
enterprises and other instruments of ownership. He reiterated that he thought that a 401K should be
treated like a bank account and should not be included on the City’s form.
Mr. Slavin stated that he appreciated the concern that Mr. Anderson had raised; however, he
disagreed because there are times when members are asked to choose fund managers. He indicated
that it would be important for them to disclose any relationships they have so that there would not
be even the sniff of a conflict of interest. Mr. Slavin advised that he would go with the fact that this
is a system that works for judges, legislators, and every appointed official in the State of Delaware
and that he will vote for it to be adopted by the City. Mr. Slavin stated that if people are
uncomfortable with having this standard of ethics and disclosure behind them, they can vote
against it.
Mr. Slavin moved to recommend adoption of Proposed Ordinance #2017-14, seconded by
Mr. Lindell.
Mr. Neil stated that he was happy with the Proposed Ordinance and thought it a very solid piece of
legislation. He informed members that he had taken money and put it aside in his 401K and this was
deferred compensation. Mr. Neil explained that the Internal Revenue Service states that he has to
remove 10 percent of this every single year, and he will list who is handling that account because it
is real income that he is using. He noted that he did not think that a person who is putting funds into
that type of account is accountable until they retire and start drawing money out, because they are
not benefitting from the money. Mr. Neil noted that these funds are put aside as a pension for the
future. He stated that he would list his Social Security, his pension, and the money he receives from
the City. Mr. Neil indicated that he would support the Proposed Ordinance because he thought that
the transparency issue was the issue really at stake.
Mr. Lewis noted that Mr. Polce had mentioned that it might behoove Council to receive a
presentation from a representative of the PIC or its director. He suggested that it would be good for
members who have reservations to direct their individual questions to the PIC representative for final
clarification.
Mayor Christiansen commended everyone for their work and comments and noted that Mr. Polce
had offered, once the Proposed Ordinance is adopted, for members to receive additional training as
they move forward with filling out their documents. He stated that he thought that, in these days and
times, the public requires members to be above reproach with the citizens that they serve.
Mayor Christiansen indicated that he thought that all of those in the room serve with integrity, honor,
and to the best of their ability. He noted that once they set an example to the public that they are
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serving in this manner, the public’s trust and belief that the actions of Council and City staff are in
the best interests of the citizens will be confirmed. Mayor Christiansen expressed thanks to
Mr. Polce for bringing this matter to members’ attention, to the other sponsors, and to
Mrs. McDowell for the yeoman duty that she put forth.
Mr. Lindell stated that he supported the measure fully and appreciated the work that Mr. Polce and
Mrs. McDowell put into researching, and putting the document together. He advised that he did not
see this as a big issue, noting that when he ran and was elected, he expected that members should
be held to a higher standard, which meant he should be expected to share a little more information
than the average Joe or Jane citizen should share. Mr. Lindell indicated that he would report Voya
on his sheet, noting that members would not be disclosing dollar amounts. He indicated that
members were getting lost in the weeds and that the system works throughout the State and is a
vetted process. Mr. Lindell stated that if training was needed, this could be done after the Proposed
Ordinance is approved.
Mr. Anderson moved to amend the Financial Disclosure Report, Section 1(A) to state “excludes
retirement accounts not receiving distribution.” The motion was seconded by Mr. Lewis and failed
by a roll call vote of nine (9) no (Sudler, Neil, Lewis, Cole, Polce, Hare, Lindell, Slavin, Shevock)
and one (1) yes (Anderson).
The motion to recommend adoption of Proposed Ordinance #2017-14 was unanimously
carried.
Mr. Polce thanked his colleagues for the positive feedback that they provided him approximately a
month and a half ago.
Proposed Ordinance #2017-15 Amending Chapter 34 - Elections, Article III - Absentee Voting
(Sponsors: Anderson and Lindell)
Mrs. Traci McDowell, City Clerk, advised members that Proposed Ordinance #2017-15 was brought
about by a change in State legislation that removed the requirement for notaries for absentee ballots.
She explained that the Proposed Ordinance would amend Chapter 34 of the Dover Code to remove
this requirement for the City, and combine a couple of paragraphs that were very similar.
Mrs. McDowell explained that the Proposed Ordinance would also remove the list of reasons for
eligibility to vote by absentee ballot and reference the Delaware Code instead, explaining that
sometimes the State’s reasoning for absentee eligibility changes and the City is not made aware right
away.
Staff recommended adoption of Ordinance #2017-15.
Mr. Neil moved to recommend approval of staff’s recommendation, seconded by Mr. Shevock
and unanimously carried.
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Update - Resolution No. 2017-10 - Establishing the “Making Dover Prosper” Initiative
During their meeting of August 14, 2017, City Council adopted Resolution No. 2017-10 -
Establishing the “Making Dover Prosper” Initiative, which included a direction to the City Manager
and Director of Planning and Community Development to report to City Council not later than
October 31, 2017 with recommendations and a path forward.
Mr. David Hugg, Acting Director of Planning and Community Development, reviewed an outline,
plan, and status report regarding Resolution No. 2017-10 - Establishing the “Making Dover Prosper”
Initiative.
Mayor Christiansen stated that Mr. Hugg had made the City shine lately by drawing new businesses
downtown and giving out appropriate information. He advised that Mayor Purzycki, City of
Wilmington, was scheduled to attend the Economic Development Committee meeting of
October 25, 2017, to share some of the successes, failures, and strategies used in Wilmington.
Mayor Christiansen invited everyone to attend, noting that Mayor Purzycki had been and continues
to be successful in Wilmington.
Mr. Anderson thanked Mr. Hugg for all of the work that he was doing, stating that he was focused
like a laser and was cutting through the problems.
Mr. Neil noted that the Kent Economic Partnership had recently honored Mr. Hugg for his work in
Smyrna. He stated that the light Mr. Hugg had brought to Smyrna was beginning to shine here and
expressed his hope that Mr. Hugg could earn another significant honor from the Partnership for what
he was doing for the City of Dover.
Mr. Hugg thanked members of Council, not only for bringing him complaints but for helping staff
to find solutions. He advised that Dover has a great future and that approximately half a dozen new
businesses either opened or were about to open downtown in the last six (6) months. Mr. Hugg
stated that he could not take credit for all of these businesses but this was a good sign, and he thought
everyone should be positive about this and tell this story.
Discussion - Development of Policies/Procedures
Mr. Slavin advised members that he had requested that the Discussion - Development of
Policies/Procedures regarding Legal Opinions and Excused Absences be added to the agenda because
he has concerns and is unsure whether the City needs new procedures. He indicated that if new
procedures are necessary, he would need members’ help in creating them.
Legal Opinions
Mr. Slavin stated that the City currently has a practice that allows for legal opinions to be requested
by anyone and that legal opinions cost money; therefore, there was an unrestricted burner going on
when it comes to these costs. He explained that it is not known how much a legal opinion will cost
when it is obtained, and without knowing this, there is no control on how much is spent for legal
opinions. Mr. Slavin stated that in some cases, over the course of the last 10 or 20 years, legal
opinions had been requested for the same matter multiple times and he expressed the desire to avoid
that issue. He indicated that he wanted to open this matter for suggestions. Mr. Slavin noted that
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he did not want to create a choke point and did not think that being the gatekeeper would be an
appropriate role for him; however, he thought that members could do something together to make
this procedure better.
Mr. Anderson stated that he agreed with Mr. Slavin on both points, noting that he did not think that
members want to choke off legal opinions because many times legal opinions save money in the long
run, so that huge mistakes are not made for something that would have cost $125 for an opinion.
He indicated that he would like to see a library of legal opinions that is easy to access so they are not
duplicated. Mr. Anderson indicated that if members question if an opinion that is 20 years old is
valid, they could ask if it should be updated, and this is the approach he would use if he had this
concern. He asked if this could be done through the City Clerk’s Office, stating that he thought it
would be nonsense to duplicate things that the City already has.
Mr. Slavin noted that the City has a body of knowledge to which access is needed; however, it is a
restricted, confidential body of knowledge. He expressed the need to keep tight control over this
information, stating that he did not think it would even be put on a protected intranet. Mr. Slavin
indicated that a gatekeeper may be needed to take requests and suggested perhaps having the City
Clerk’s Office service those requests and advise whether or not there had been a previous legal
opinion. Mr. Anderson asked if it would be feasible to use the City Clerk’s Office as a clearinghouse
for legal opinions, noting that this may possibly save on both time and money. Mr. Slavin stated that
perhaps the City Clerk’s Office could be called or emailed first to see if there is any precedent, and
if not the request for a legal opinion would proceed.
Mr. Slavin suggested that an appropriate motion would be to ask the City Clerk’s Office to come up
with some procedures in this regard. He also suggested a second motion to have
Mrs. Donna Mitchell, Acting City Manager, compile the City’s legal costs related to legal opinions
for fiscal years 2017 and 2018 so members can correlate where the requests are coming from,
explaining that in addition to the nine (9) members of Council, there are also staff members who
request legal opinions. He stated that the data would indicate how much of an issue the City has.
Mr. Slavin moved to recommend that Mrs. Donna Mitchell, Acting City Manager, compile the
costs associated with legal opinions requested in FY 17 and year-to-date FY 18 correlated by
requestor. The motion was seconded by Mr. Lindell and unanimously carried.
Mr. Hare stated his belief that members had stated some time ago that all legal opinions would be
vetted through the Clerk’s Office. He advised that he agreed with this process and thought that
someone who obtains a legal opinion on their own which had previously been obtained should be
the one to pay for the opinion.
Mr. Sudler stated that he agreed with Mr. Anderson, Mr. Slavin, and Mr. Hare and expressed his
belief that this matter had been discussed previously. He indicated that he liked the idea of having
the City Clerk’s Office review requests for legal opinions and get back to members; however, he
stated that he would like to read for himself the literature on the opinion rather than just receiving
a call stating whether or not an opinion had been obtained.
Paj 53
COUNCIL COMMITTEE OF THE WHOLE MEETING
OF OCTOBER 24, 2017 PAGE 12
Mr. Anderson moved to recommend that the City Clerk’s Office develop recommended guidelines
for the issue of legal opinions and the compilation of existing legal opinions. The motion was
seconded by Mr. Lindell.
Mrs. Traci McDowell, City Clerk, requested clarification regarding the compilation of legal
opinions. Responding, Mr. Anderson advised that he would like the City Clerk’s Office to give
members guidelines on a procedure for obtaining legal opinions and recommendations on
establishing a compilation of existing legal opinions.
Mr. Hare stated that he agreed to a certain degree that if members need a legal opinion, they could
ask the City Clerk’s Office to get the information. He explained that he did not think it was
necessary to have the City Clerk’s Office put together a whole list of legal opinions, for example,
from the last 15 years; however, if a question is raised that requires a legal opinion, the City Clerk’s
Office could research to determine if an opinion was previously provided and advise members of that
opinion.
Responding to Mayor Christiansen, Mrs. McDowell explained that legal opinions are currently
archived by title and subject and are permanent, according to the State records retention policy. She
indicated that staff has all legal opinions ever obtained; therefore, making a compilation would be
mind-boggling. Mrs. McDowell stated that the opinions are easy to retrieve, noting that all of the
legal opinions received in paper format are stored electronically and the City Clerk’s Office can
search the whole database.
In response to Mr. Anderson, Mrs. McDowell advised that staff essentially has a compilation because
legal opinions are filed electronically in Fortis, the City’s document management system.
Mr. Anderson stated that members do not need a compilation and have the City Clerk to access the
opinions.
Mr. Anderson suggested that the motion be amended to recommend that the City Clerk’s Office
develop a recommended procedure for requesting legal opinions and, as the seconder, Mr. Lindell
agreed to the amendment.
By unanimous consent, the motion was amended to recommend that the City Clerk’s Office
develop a recommended procedure for requesting legal opinions.
Mrs. Mitchell stated that she had compiled legal costs through most of last year and the prior year;
however, it would be very time consuming to determine which of the costs related to legal opinions
and which to legal services. She stated that she could provide the legal costs that had been compiled
summarized by department, by whom the legal opinion was requested, and what the matter was, but
not necessarily to indicate that the City Clerk had these opinions.
Mr. Slavin stated, as the maker of the motion, that what Mrs. Mitchell had compiled would meet the
intent of the motion. He advised that he did not want to cause any additional work at this point,
stating that he thought members had a solution that would work, and any additional data she could
provide on overall legal costs would just give them a better sense of what was being spent.
Paj 54
COUNCIL COMMITTEE OF THE WHOLE MEETING
OF OCTOBER 24, 2017 PAGE 13
Mrs. Mitchell noted that, when she became Acting City Manager, she put out a directive to
department heads that everything had to be run by her. She noted that staff had managed the legal
costs, which came in under budget through the end of June, rather than being over budget as in prior
years.
The motion to recommend that the City Clerk’s Office develop a recommended procedure for
requesting legal opinions was unanimously carried.
Excused Absences
Mr. Slavin stated that this item was a housekeeping issue related to Section 13 of the City’s Charter,
which states that missing three (3) consecutive regular meetings by a Council member without being
excused by Council calls for the removal of the member. He noted that he did not believe this
provision had ever been exercised. Mr. Slavin expressed concern that, as a current practice,
members notify him if they are going to miss a meeting and there is no action taken by Council to
state that they are excused. He advised that he did not want to be put in this position, noting that the
power to grant excuses is vested with Council as a whole, and not with the Council President.
Mr. Slavin proposed that a procedure be developed that could be as simple as an email or letter sent
to Council stating, “I will be missing the following meeting for the following reason,” with the level
of specificity to be determined by the person requesting it. He indicated that such a request would
be placed on the consent agenda for the next meeting so that an action of Council would grant the
excuse.
Mr. Slavin moved to recommend that the City Clerk’s Office develop a procedure for Council
members to request being excused for absences, with the level of specificity to be determined by the
person requesting it, and that members’ requests be placed on the consent agenda for the next
meeting so that an action of Council grants the excuse. The motion was seconded by Mr. Sudler.
Mr. Lewis asked how “excused” would be defined and if this would apply to work-related and
family-related matters. Responding, Mr. Slavin noted that this question went to the heart of the
matter and it was up to Council, and not him, to define this.
Mr. Anderson stated that this item needed more discussion because certain items, such as
bereavement, military service, and work conflicts, should be spelled out. He indicated that there are
other reasons which may be worthy of discretion and Council’s consideration, such as health issues.
Mr. Anderson advised that members may need to review this and possibly develop an ordinance.
Mr. Hare stated that the motion on the floor was for members to send an email to
Mrs. Traci McDowell, City Clerk, stating that they will not be attending a meeting because, for
example, they have a work obligation, a sick mother, or have to go out of town. He noted that it may
be a different matter if someone states they will miss the next six (6) meetings because they are
going on vacation to Florida. Mr. Hare stated that he thought members were making a mountain out
of a mole hill, giving a reason for not attending would be simply following the existing ordinance,
and there was no need to write something into the ordinance. He noted that a member had been
away for the better part of year while in the military and this absence was approved.
Paj 55
COUNCIL COMMITTEE OF THE WHOLE MEETING
OF OCTOBER 24, 2017 PAGE 14
Mr. Slavin stated that the motion he put forward was to have the City Clerk’s Office come up with
recommendations. He indicated that a request may be passed through the Clerk’s Office and
presented to members as an excuse that meets the conditions set forth. Mr. Slavin noted that citing
a person’s medical excuse or illnesses on the floor would put the City in violation of the Health
Insurance Portability and Accountability Act of 1996 (HIPAA), and he expressed the need to be
careful about this. He stated that he thought it would be easy for the City Clerk’s Office to put a
recommendation together and that he was sure that there is some human resources language that
would allow for this.
Mr. Cole stated that the more general the process is, the easier it would be to follow. He stated that
when things start being listed, it becomes more cumbersome and this had occurred in his other jobs.
Mr. Neil noted that the problem was not with missing one (1) meeting but with missing three (3)
consecutive meetings unless there were extenuating circumstances, such as military service. He
stated that he thought the proposal would work and there should not be a problem with it. He noted
that multiple absences could cause problems for constituents.
The motion to recommend that the City Clerk’s Office develop a procedure for Council
members to request being excused for absences, with the level of specificity to be determined
by the person requesting it, and that members’ requests be placed on the consent agenda for
the next meeting so that an action of Council grants the excuse was unanimously carried.
Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee
meeting. The motion was seconded by Mr. Sudler and unanimously carried.
Meeting adjourned at 7:10 p.m.
Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting. The
motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 7:11 p.m.
Timothy A. Slavin
Council President
TAS/TM/js/dd
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2017\10-24-2017 CCW Minutes.wpd
Paj 56
Monthly Report
September 2017
Office of City Assessor
Paj 57
ASSESSOR’S REPORT
Number of Deeds Stamped for Transfer Tax Dollar Amount for
the Month of Sept. 2016/2017 the Month of Sept. 2016/2017
43 $200
50 35
Thousands
40 26 $109
30 24 24 $76
12 $100 $17$34
20 11 $20 $8 $4
2 0 5 2016 $0
10 2016
0 $0
2017 2017
First Time Buyer for the Month Sept. 2016/2017 Realty
of Sept. 2016/2017 PropertySales in Dollars Received
Prior to Recording
50 43
35 $7
40 $8 $5 $5
Res. Non‐First
Millions
26 $6 $2
30 Time Buyers $1
$4
$2 $0 $1 $0
20 11 2016
Res. First Time $0
10 Buyers 2017
0
2016 2017
Major Updates
July ‐ 17 Aug ‐17 Sept ‐ 17
Assessment Change $501,700 $3,421,900 $7,923,000
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
43 $6,719,900 $7,867,511 0.85 1.01
Paj 58
ASSESSOR’S REPORT
Ratio – Assessed Value divided by Sale Price.
PRD – Mean – A PRD above 1.03 tends to indicate assessment regressivity – high valued properties are under
appraised relative to low valued properties. A PRD below .98 tends to indicate assessment progressivity – high
valued properties are relatively over appraised.
Points of Interest
Scanning & Filing
‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval.
‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for
easy retrieval.
‐ All old property record cards are being scanned and indexed into Fortis.
Paj 59
OCT 10, 2017 CITY OF DOVER PAGE: 1
11:13 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
ED05-066.16-02-10.00 3 R10 42 LOST TREE CT 1 8 1987 2 2390 B- AV 186,300 21-SEP-17 223,000
ED05-066.16-02-17.00 3 R10 29 LOST TREE CT 1 8 1985 2 2378 B- AV 182,900 22-SEP-17 210,000
ED05-067.09-02-04.00 3 R10 286 TROON RD 1 6 2000 2 3382 A- GD 343,400 20-SEP-17 425,000
ED05-067.12-04-33.00 8 R10 12 REPRESENTATIVE LN 1 13 2017 2 2623 B- AV 209,200 07-SEP-17 229,445
ED05-067.12-04-38.00 8 R10 2 REPRESENTATIVE LN 13 2017 2 2791 B- AV 219,200 01-SEP-17 256,685
ED05-067.15-02-01.00 2 R10 223 MCKEE RD 1 2017 2 1640 C AV 179,900 11-SEP-17 191,000
ED05-067.16-02-41.00 10 R10 215 ROSS ST 1 3 1945 1.5 1400 C+ AV 137,400 25-SEP-17 119,900
ED05-067.20-01-32.00 10 R10 626 COLUMBIA AVE 1 14 1957 1 1008 C GD 128,700 02-SEP-17 135,000
ED05-067.20-03-72.00 8 R10 416 N BRADFORD ST 1 3 1950 1 1662 C+ AV 172,300 12-SEP-17 194,000
ED05-068.10-01-15.00 13 R10 637 NIMITZ RD 1 5 1969 2 2340 C+ GD 156,600 19-SEP-17 203,000
ED05-068.13-01-04.09 100 R50 18 CHATHAM CT 1 13 1988 2 2248 B- AV 135,700 01-SEP-17 120,000
ED05-068.14-02-43.00 13 R10 366 NIMITZ RD 1 14 1966 1 1130 C GD 135,000 11-SEP-17 132,624
ED05-068.15-05-18.00 6 R10 203 TEA PARTY TRL 1 13 2012 2 1580 B- AV 144,300 18-SEP-17 150,000
ED05-068.17-02-53.00 8 R10 328 N STATE ST 1 5 1953 2 3624 A- AV 299,800 18-SEP-17 300,000
ED05-076.03-01-82.00 14 R10 185 W SHELDRAKE CIR 1 13 2009 2 1855 C+ AV 138,400 01-SEP-17 173,000
ED05-076.03-02-50.00 14 R10 308 PARADEE DR 1 13 2007 2 1772 C+ AV 126,400 28-SEP-17 155,000
ED05-076.03-02-90.00 14 R10 356 TRIBBITT ST 13 2017 2 1732 C+ AV 151,400 05-SEP-17 157,000
ED05-076.03-03-08.00 14 R10 343 LOFTLAND DR 1 13 2009 2 1855 C+ AV 138,200 18-SEP-17 172,500
ED05-076.03-05-84.00 11 R10 27 WELLINGTON AVE 1 2017 2 2855 B+ AV 262,300 21-SEP-17 307,080
ED05-076.03-06-03.00 11 R10 38 WELLINGTON AVE 14 2017 1 3184 B+ AV 281,200 08-SEP-17 351,514
ED05-076.05-03-36.00 14 R10 144 STONEY DR 1 8 1988 2 1406 C+ AV 130,500 22-SEP-17 147,000
ED05-076.05-04-01.128 102 R50 103 PAR HAVEN DR 1 20 1978 1 1177 C- AV 48,400 06-SEP-17 50,000
ED05-076.06-02-44.00 2 R10 328 COLD SPRING PL 1 13 1984 2 1160 C- AV 82,500 26-SEP-17 104,000
ED05-076.06-04-03.00 17 R10 37 LAMPLIGHTER LN 1 13 1983 2 1120 C AV 101,500 13-SEP-17 105,000
ED05-076.10-02-69.00 14 R10 236 TRAFALGAR DR 1 13 2004 2 1848 C+ AV 126,600 15-SEP-17 135,000
ED05-076.13-01-54.00 14 R10 146 THAMES DR 1 13 1996 2 2015 C+ AV 115,700 27-SEP-17 144,000
ED05-076.13-02-30.00 14 R10 117 THAMES DR 1 13 1995 2 1986 C+ AV 127,200 01-SEP-17 138,000
ED05-076.20-03-10.00 12 R10 1025 WESTVIEW TER 1 5 1961 2 2142 B AV 161,600 08-SEP-17 235,000
ED05-077.07-06-12.00 6 R10 252 LADY BUG DR 1 2017 2 1920 B- AV 191,800 20-SEP-17 230,175
ED05-077.07-06-15.00 6 R10 301 NOB HILL RD 1 2017 2 1920 B- AV 191,800 20-SEP-17 234,570
ED05-077.07-06-22.00 6 R10 2 CALDWELL CT 1 2017 2 1440 B- AV 178,800 05-SEP-17 208,075
ED05-077.07-07-72.00 6 R10 218 NOB HILL RD 13 2017 2 1220 B- AV 117,800 20-SEP-17 158,980
ED05-077.07-07-73.00 6 R10 216 NOB HILL RD 13 2017 2 1220 B- AV 115,900 12-SEP-17 149,990
Paj 60
OCT 10, 2017 CITY OF DOVER PAGE: 2
11:13 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
ED05-077.07-07-75.00 6 R10 212 NOB HILL RD 13 2017 2 1220 B- AV 117,800 12-SEP-17 156,990
ED05-077.07-08-25.00 6 R10 119 NOB HILL RD 1 2017 2 2200 B- AV 206,100 13-SEP-17 240,485
ED05-077.17-01-34.00 5 R10 874 MONROE TER 1 16 1959 1 1782 C+ AV 162,300 15-SEP-17 219,900
ED05-077.17-02-33.00 5 R10 925 N SUNSET DR 1 3 1959 1.5 1890 C AV 146,800 14-SEP-17 160,000
ED05-077.18-02-22.00 4 R10 122 EVERGREEN DR 1 14 1954 1 1352 C GD 115,000 25-SEP-17 135,000
ED05-085.08-01-40.00 12 R10 2 STEWART CT 1 5 1962 2 1830 C+ AV 156,000 18-SEP-17 193,698
ED05-085.12-03-15.00 12 R10 339 MIMOSA AVE 1 5 1971 2 1688 C+ AV 139,600 13-SEP-17 196,500
LC05-058.14-01-01.024 1 R10 24 HOLLAND CT 1 11 2001 1 1492 C- AV 69,200 07-SEP-17 67,000
LC05-058.18-01-21.00 1 R10 43 KAREN PL 1 11 1995 1 1296 D+ AV 72,000 15-SEP-17 92,500
LC05-068.10-01-54.00 13 R10 350 WEST WIND DR 1 13 1999 2 1364 C+ AV 116,400 01-SEP-17 159,900
Paj 61
CITY COUNCIL - FY 17/18 Page 1 of 3
CITY COUNCIL COMMUNITY ENHANCEMENT FUND
JULY 1, 2017 - OCTOBER 31, 2017
110-1200-512.30-37
Current Balance - $20,011.94
COMMUNITY ENHANCEMENT FUND - $2,500 FOR EACH COUNCIL MEMBER PER
DISTRICT AND $5,000 FOR THE AT-LARGE COUNCIL MEMBER. THE PURPOSE OF THE
BUDGETED AMOUNT $25,000.00
FUND IS TO ALLOW MEMBERS TO CONTRIBUTE FUNDS TO A SMALL PROJECT OR
COMMUNITY NEEDS IN EACH DISTRICT.
TOTAL $25,000.00
COUNCIL P.O. #/ TOTAL YEAR TO
DATE SPONSOR VENDOR DESCRIPTION INVOICE # CHARGES DATE BALANCE
07/12/17 Anderson Inner City Councilman Anderson authorized the use of Email dated $600.00 $600.00 $24,400.00
Cultural League, $600.00 of his community enhancement funds 07/11/17 from
Inc. to fund 50% of the membership dues for 5 David
needy students to participate in the Sankofa Anderson to
African Drum and Dance Troupe. City Clerk's
Office
07/16/17 Anderson MLK Jr. Councilman Anderson authorized the use of Email dated $500.00 $1,100.00 $23,900.00
Educational $500.00 of his community enhancement funds 07/16/17 from
Community to help pay for breakfast and lunch for the David
Center, Inc. Saturday Academy participants. Anderson to
City Clerk's
Office
07/26/17 Slavin Central Councilman Slavin authorized the use of Email dated $670.56 $1,770.56 $23,229.44
Delaware $670.56 to purchase incidental equipment and 07/26/17 from
Habitat for play apparatus for the Habitat for Humanity's Tim Slavin to
Humanity pop up parks/play streets program. It was noted Traci
that the games would be usable for future McDowell
07/31/17 Hare Air Force Ball events too. Hare authorized the use of $500.00
Councilman Dover Downs $500.00 $2,270.56 $22,729.44
Committee for the deposit to reserve the Dover Downs Banquet Event
ballroom for 436 Squadron's Annual Air Force Order (BEO)
Ball. #24,727 dated
06/27/17
08/02/17 Cole Dover Library Councilman Cole authorized the use of his Sam's Club $397.50 $2,668.06 $22,331.94
Foundation community enhancement funds to reimburse receipt dated
the Dover Library Foundation for the purchase 08/15/17;
of bottled water for the Dover Comic Con 2017 Email dated
event. 08/02/17 from
Scott Cole to
Traci
McDowell
08/07/17 Neil 3d Airlift Councilman Neil authorized $100.00 of his Email dated $100.00 $2,768.06 $22,231.94
Squadron community enhancement funds to be donated to 08/07/17 from
Booster Club the 3d Airlift Squadron Booster Club for the Fred Neil to
Dover Air Force Base Open House. Traci
McDowell
11/02/17
S:\BUDGETS\Coun-18.qpw
Paj 62
CITY COUNCIL - FY 17/18 Page 2 of 3
08/14/17 Anderson Boys and Girls Councilman Anderson authorized a donation of Emails dated $100.00 $2,868.06 $22,131.94
Club of $100.00 of his community enhancement funds 08/08/17 and
Delaware to the Boys and Girls Club of Delaware, for the 08/14/17 from
Greater Dover Boys and Girls Club - 4th District David
children. Anderson to
Debbie
Krueger
08/14/17 Anderson City of Dover Councilman Anderson authorized a donation of Email dated $250.00 $3,118.06 $21,881.94
Parkland $250.00 of his community enhancement funds 08/14/17 from
Reserve for the Back to School Giveaway and Rib-Off David
Fundraiser Initiative (to be credited to the City's Anderson to
Parkland Reserve) Debbie
Krueger
08/23/17 Cole Dover High Councilman Cole authorized $300.00 of his Email dated $300.00 $3,418.06 $21,581.94
School community enhancement funds to help pay for 08/23/17 from
AFJROTC storage units for the air rifles used by the RifleScott Cole to
Booster Club Team. Traci
McDowell
09/08/17 Polce City of Dover Councilman Polce authorized the allocation Email dated $250.00 $3,668.06 $21,331.94
Clearing of $250.00 of his community enhancement 09/08/17 from
Account - Rec funds for the Dover Park Revitalization Event Tanner Polce
Revenue on 09/09/17. to Donna
Mitchell
09/08/17 Lewis City of Dover Councilman Lewis authorized the allocation of Email dated $250.00 $3,918.06 $21,081.94
Clearing $250.00 of his community enhancement funds 09/08/17 from
Account - Rec for the Dover Park Revitalization Event on Tanner Polce
Revenue 09/09/17 to Donna
Mitchell
09/11/17 Slavin City of Dover Councilman Slavin authorized the allocation Email dated $250.00 $4,168.06 $20,831.94
Clearing of $250.00 of his community enhancement 09/07/17 from
Account - Rec funds for the Dover Park Revitalization Event on Tim Slavin to
Revenue 09/09/17 Roy Sudler
and Donna
09/07/17 Sudler City of Dover Councilman Sudler authorized the allocation Mitchell
Email dated $300.00 $4,468.06 $20,531.94
Clearing of $300.00 of his community enhancement 09/07/17 from
Account - Rec funds for the Dover Park Revitalization Event on Roy Sudler
Revenue 09/09/17
09/19/17 Anderson Interdenominatio Councilman Anderson authorized the Email dated $520.00 $4,988.06 $20,011.94
nal Ministerial designation of $520.00 to the 09/19/17 from
Alliance of Interdenominational Ministerial Alliance of Dover David
Dover and and Vicinity (IMA) for the Expungement Clinic on Anderson to
Vicinity (IMA) 11/03/17. The funds are for Dover residents. City Clerk's
The cost is estimated to be $52 per person. Office
$4,988.06 $20,011.94
11/02/17
S:\BUDGETS\Coun-18.qpw
Paj 63
CITY COUNCIL - FY 17/18 Page 3 of 3
Budgeted District Council YTD Expenditures Balance
Amount Sponsor
$5,000.00 At-Large Slavin $920.56 $4,079.44
$2,500.00 1st District Lindell $0.00 $2,500.00
$2,500.00 1st District Polce $250.00 $2,250.00
$2,500.00 2nd District Hare $500.00 $2,000.00
$2,500.00 2nd District Lewis $250.00 $2,250.00
$2,500.00 3rd District Cole $697.50 $1,802.50
$2,500.00 3rd District Neil $100.00 $2,400.00
$2,500.00 4th District Anderson $1,970.00 $530.00
$2,500.00 4th District Sudler $300.00 $2,200.00
TOTAL $4,988.06 $20,011.94
11/02/17
S:\BUDGETS\Coun-18.qpw
Paj 64
CITY MANAGER’S
MONTHLY
REPORT
SEPTEMBER 2017
Paj 65
Average Disconnects
112 112
99 96 92
86
77 71 69
61 58 53 58 60
49 48 50 47 51
21 24 19 19 26 38 36
Average Accounts Cut Per Day Average Accounts Available to Cut Per Day
Paj 66
Work Orders Processed
2,500
2,000
1,500
1,000
500
0
SEP-16 OCT-16 NOV-16 DEC-16 JAN-17 FEB-17 MAR-17 APR-17 MAY-17 JUN-17 JUL-17 AUG-17 SEP-17
Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Aug- Sep-
Jul-17
16 16 16 16 17 17 17 17 17 17 17 17
Series1 1,939 1,811 1,615 1,643 1,437 1,478 1,665 1,325 1,515 1,996 1,955 2,132 1,811
Payment Agreements / Extensions
800
700
600
500
400
300
200
100
0
Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Aug- Sep-
Jul-17
16 16 16 16 17 17 17 17 17 17 17 17
Series1 549 525 565 467 487 385 467 525 523 436 501 695 525
CUSTOMER PAYMENT USAGE
80,000
60,000
40,000
20,000
0
Drive-Thru Over the
Mail, Drop Box Credit Cards Bank Drafts
Window Counter
2018 YTD 6,862 14,040 54,913 662 5,580
2017 YTD 7,279 14,672 53,422 635 5,694
Paj 67
Total Accounts Bank Drafted
2500
2000
1500
1000
500
0
January February March April May June July August September October November December
2017 1668 1747 2214 1660 2226 1662 1863 1989 1723 0 0 0
2016 1605 1751 1954 1636 1982 1775 1812 2309 1602 1831 1886 1770
Customer Payments Made Through Bank Draft
600000
500000
400000
300000
200000
100000
0
January February March April May June July August September October November December
2017 279823.56 297914.5 342455.53 256771.02 339351.31 267485.44 351745.72 424715.11 354068.36 0 0 0
2016 247351.87 276553.6 327013.78 253729.28 289793.16 263957.73 317148.01 480391.62 374575.25 389971.29 302860.98 259092.91
Paj 68
ELECTRIC DEPARTMENT
Electric Divisions
System Peak Total System Load Number Customers
Month outages customers
Jan 16 62,563 Gained
Jan 16 116.96
Feb 16 57,888 Jan 16 5 245 Jan 16 21
Feb 16 110.15
Mar 16 55,967 Feb 16 2 106 Feb 16 14
Mar 16 98.93
Apr 16 53,202 Mar 16 7 353 Mar 16 16
Apr 16 100.37
Apr 16 5 672 Apr 16 29
May 16 128.16 May 16 56,586
May 16 2 206 May 16 13
June 16 133.59 June 16 65,414
June 16 14 601 June 16 53
July 16 165.92 July 16 80,114
July 16 9 307 July 16 13
Aug 16 162.61 Aug 16 83,086
Aug 16 9 214 Aug 16 13
Sept 16 159.99 Sept 16 67,117
Sept 16 7 915 Sept 16 35
Oct 16 116.94 Oct 16 57,707 Oct 16 8 224 Oct 16 27
Nov 16 98.27 Nov 16 54,812 Nov 16 6 4293 Nov 16 41
Dec 16 60,179 Dec 16 5 207 Dec 16 37
Dec 16 101.04
Jan 17 3 12 Jan 17 40
Jan 17 113.04 Jan 17 63,172
Feb 17 1 2 Feb 17 31
Feb 17 106.4 Feb 17 54,811 Mar 17 4 160 Mar 17 15
Mar 17 108.2 Mar 17 60,690 Apr 17 4 114 Apr 17 58
Apr 17 54,062 May 17 5 148 May 17 58
Apr 17 107.03 June 17 7 3084 June 17 25
May 17 133.93 May 17 57,823 July 17 19 2556 July 17 90
June 17 155.81 June 17 70,081 Aug 17 8 1466 Aug 17 24
July 17 79,883 Sept 17 2 1094 Sept 17 31
July 17 162.88
Aug 17 157.18 Aug 17 74,534
Sept 17 137.01 Sept 17 64,235
Electric Monthly Outage Report
The annual outage goal will be less than 295 minutes per customer, which is a Delaware Standard. This will be
measured by calculating the System Average Interruption Duration Index.
FY 18 YTD FY 17 FY 16
43.13 21.24 58.34
Controllable Outages Average Response Time
Annual goal is less than 40 Goal is less than 30 minutes
Month Year-to-date Month Year-to-date
2 11 35.5 Minutes 37.96 Minutes
PROGRAM UPDATES SEPT 17 SEPT 16 FY18 YTD
Tree Trimming 114 372 921
Number of Oil Releases 1 1 1
Lost Time Accidents – All Electric Utility Divisions 0 0 0
New Services 31 35 145
Paj 69
HUMAN RESOURCES
September 2017
Sept Oct Nov Dec Jan Feb March April May June* July Aug Sept Total
Category 16 16 16 16 17 17 17 17 17 17 17 17 17
Caucasian* 296 301 302 300 299 296 293 290 289 291 292 290 291 n/a
Minorities* 71 72 72 71 71 71 72 73 73 74 79 76 77 n/a
Hired 5 9 3 1 5 1 5 1 3 3 9 1 8 54
Terminated/Resigned/ 1 1 2 4 6 4 7 3 4 3 3 6 6 50
Retired/Other
Transferred/Promoted 2 0 0 2 2 0 1 1 1 0 3 1 1 14
Jobs Posted 3 3 1 7 2 6 7 5 2 1 7 1 2 47
Workers Comp. Injuries 3 6 3 0 2 2 2 2 4 3 1 0 6 34
Workers Comp. Hours 171 254 319 342 259 252 397 275 648 475 417 396 173 4378
*335 Full-time Employees: Part-time Employees: 33 (3 Pitts Center, 1 Recreation, 18 Library, 2 Customer Service, 1 Central Services,
8 Police Department) -Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members. * Updated
Position Hired: (5) Police Officers; Communication Operator; Inspector I (Fire Marshal); Customer Service Clerk I (part-time)
Position Transferred/Promoted: Inspector I Code Enforcement to Communication Operator
Position Terminated/Resigned/Retired: Motor Equipment Operator II (Sanitation); (2) Police Officers; Motor Equipment Operator I (Grounds); Meter
Technician Crew Leader (Electric)
Positions Posted: Civil Engineer, Payroll Specialist
Recruitment Information
(Positions closed in September)
Position Total Female Male Unknown Black White Hispanic Asian/Pacific American Two Or Unknown In Out
Islander Indian/Alaskan More Dover Dover
Native
Field Supervisor II, 10 1 9 - 2 5 - - 3 - - 2 8
Grounds
Open or Currently Recruiting*
Open or Currently Sept Oct Nov Dec Jan Feb March April May June July Aug Sept
Recruiting by Dept. 16 16 16 16 17 17 17 17 17 17 17 17 17
Electric 3 3 4 4 4 4 4 4 4 5 7 7 8
Public Works 11 5 6 6 5 5 6 6 6 7 8 11 13
Police 2 1 1.5 3 5.5 6 7.5 9.5 9 8 6.5 6.5 .5
All Other Departments 9 9 14 13.5 11.5 11.5 12 10 9.5 9 7.5 7.5 6
Totals 25 18 25.5 26.5 26 26.5 29.5 29.5 28.5 29 29 32 29.5
*Not used for Budgeting Purposes
The following has been updated to reflected the Fiscal 2017-18 Budget
Electric: Lineman 2nd class, Electric Meter Technician; Key Accounts, Electric Director, (2) Substation Technician, Groundworker, Electric Meter Technician
Crew Leader
Public Works: (2) Utility Maintenance Mechanic I; Laborer II (Grounds); Public Works Inspector, Gardener I, Motor Equipment Operator III
(Water/wastewater); Water Treatment Plant Operator I, Field Supervisor II (Grounds), Civil Engineer, (1) Motor Equipment Operator I (Sanitation), (1) Motor
Equipment Operator II (Sanitation), (2) Motor Equipment Operator I (Grounds)
Police: Cadet
All Other Departments: City Manager, Director Planning & Inspections, Billing Supervisor (Customer Service); Customer Service Clerk II (Collections); Budget
Analyst; Office Assistant; Payroll Specialists, Inspector I (Code Enforcement)
Paj 70
HUMAN RESOURCES
(Continued)
Turnover Statistics
2010 2011 2012 2013 2014 2015 2016 2017
Total Turnover % 5.57 6.75 11.00 10.91 6.02 12.05 8.68 10.93
Termination Turnover % 0.27 1.08 0.29 1.47 .57 .28 .54 1.09
Resignation Turnover % 2.12 4.05 5.21 5.01 2.29 7.56 6.24 5.74
Retirement Turnover % 3.18 1.62 5.50 4.42 3.15 4.20 1.90 3.55
Other - - - - - - - .55
2012 Healthcare cost sharing implemented
2013 Healthcare cost sharing implemented for DOE
2016 RIF in Economic Development
Average Employees
2010 2011 2012* 2013* 2014 2015 2016 2017
Total Number of Employees 21 25 38 37 21 42 32 40
Separating from Service
Average Number of Full-time 362 356 333 325 331 333 340 339
Employees
Average Number of Part-time 16 15 12 14 18 24 28 27
Employees
* Healthcare cost sharing implemented
Workers Compensation Cost CY 2017
33
4
14
Department
24
8
269
13
29
8
30
Total Cost (In thousands)
Total $432,000
Paj 71
INFORMATION TECHNOLOGIES
Service Requests Resolved
80
58
60 55
49 49
42 44
41
38 36
40 31
27
22 23
20
0
Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17
Programming Requests Completed
40
29 27 29 28
30 24
21 22 23
18 20 19
20 16 17
10
0
Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17
Page Views - City of Dover Web Page
30,000
25,000
Pages Viewed
20,000
27,522 25,578 27,338 25,417 25,344
24,670
15,000
23,712 23,724 22,895 24,034
20,417
17,766 16,020
10,000
5,000
0
Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17 Jun-17 Jul-17 Aug-17 Sep-17
Noteworty:
Finalizing contract negotiatioins with Tyler Technologies
Started telephone system upgrade planning processes
Upgraded Fortis application
Reviewed Emergency plan for weather related emergencies
Paj 72
September 2017
Monthly Report
Highlighted Special Events & Attendance:
Job Fair 300
"In Harmony..." Concert Series 80
Friday Storytime 50
Total Items Checed Out: 30,027 Programs: Offered Attended
E-books: 2,708
Adult 37 536
New Library Cards: 330 Teens 38 249
Children 43 713
Library Card Holders: 36,529 Job Center 38 550
Service Area
Population: 59,354
Library Visitors: 21,536
Meeting Rooms Usage: 1,239
Computer Users: 4,112
Wireless Users: 1,872
Items Loaned to/Received
from Other Libraries: 6,091
Paj 73
PUBLIC WORKS
Construction Inspection
Subdivisions Site Development
The following required inspection services The following required inspection services
Seskinore Court The Grande, Building 4
Chestnut Grove Chesapeake Utilities- Dover Campus
Clearview Meadows Eden Hill Medical Center
Eden Hill Reed Street Apartments
Nottingham Meadows Leander Lakes
Senators Lakes Eden Hill Commercial Center
Garrison Oak Technical Park Islamic Society of Central Delaware
Tall Pines Whatcoat Apartments
Sanitation
SEPTEMBER 17 FYTD 18 SEPTEMBER 16 FYTD 17
Trips to DSWA Sandtown Landfill 239 650.00 174 524.00
Total Tonnage to DSWA 1,307.60 3,662.38 1,032.30 3,115.10
90-Gallon Containers Delivered 89 261.00 51 154.00
300-Gallon Containers Delivered 0 0.00 0 0.00
Total Man Hours-containers Delivered 23 71.00 16 53.00
Paj 74
CURBSIDE RECYCLING STATS TOTAL # OF TOTAL # OF
HOUSEHOLDS ACCOUNTS WEIGHT/LBS. AVE. LBS.
COLLECTED
September 2017 19,761 9,450 262,320 13.27
Streets SEPTEMBER 17 FYTD 18 SEPTEMBER 16 FYTD 17
Signed Installed 6 30.00 7 29.00
Signs Repaired 11 24.00 3 16.00
Curbs Painted Yellow (feet) 23 279.00 0 2,665.00
New Post Installed 6 18.00 4 16.00
Storm Catch Basins Repaired 3 5.00 2 8.00
Storm Catch Basin Repairing (Hrs.) 22 37.00 6 11.50
Storm Catch Basins Cleaned 18 38.00 8 19.00
Storm Catch Basins Cleaning (Hrs.) 20.50 35.50 20 2,225.00
Hot Mix Patching (Tons) 0.00 8.10 0 0.00
Hot Mix Patching (Hrs.) 0 8.00 0 0.00
Cold Mix Patching Hrs.) 8.5 27.08 9.75 41.25
Concrete Work (Hrs) 47.0 150.00 2 14.00
Concrete Patching (Cubic Yards) 5.59 22.09 0.23 4.03
Ditch Work (Hrs). 0 2.00 0 2.00
Street and Alley Maintenance (Hrs) 1.0 35.00 0 0.00
Street Sweeping (Miles) 1,601 4,870.24 1,829 5,787.00
Street Sweeping (Cubic Yards) 124.00 326.25 172.5 432.08
Leaves Collected (Cubic Yards) 144.0 144.00 0.0 0
Leaf Collection (Miles) 163 163.00 0 163.00
GROUNDS
Work Orders
Total Work Orders = 9 General = 1 Arborist = 8
Arborist Crew September 2017 Septembr 2016
Trees Trimmed 45 23
Trees Removed 2 8
Stumps Removed 2 27
Trees Planted 0 0
Root Pruning 4 0
Beautification Crew
Started removal of Annuals/Perennials for bulb planting
Tulip bulb order processed with vendor (Unex)
Watering of hanging baskets
Paj 75
Weeds being removed from flower beds
Mowing Crew
All mowing equipment in good operating order
Mowed city properties and parks
Litter Removal
Litter is being picked up on City properties as per the weekly schedule
Litter person has been diligent in the reporting destruction in City parks
Miscellaneous
Serviced mowing equipment
Completed trimming trees and bushes at Loockerman Plaza
Set stage up for 3 events
Prepared ball fields for fall softball league daily
GEOGRAPHIC INFORMATION SYSTEMS (GIS)
City Managers Office Created a 8.5"x11" map of the Old Dover Library building.
City Managers Office Created a 30"x40" map of the area around 45 S State Street
City Managers Office Created a map of all the City Parks on an Aerial background. Printed one
copy at 30" x40" and one at 42"x54".
City Managers Office Created a 30"x40" map of the area around Loockerman Plaza for use in
determing Food Truck placement.
Information Technology Resolved .idb file extension issue.
Other Provided documents to Kent Co to change parcel line work on S American Ave
and the abandoned Budd St.
Other Provide addressing information to Kent Co.
Planning & Inspections Created the CDBG Affordable Housing map for 2016.
Public Works Created a 42"x54" map of the City of Dover for the Amazing Chase event. Printed one copy.
Public Works Updated the Parcels, Rentals, and Active AHIs layers.
Public Works Added new data to address search for web applications.
Public Works Determine the amount of intersecting roads within the City.
Public Works Updated Garrison Oak Sanitary Sewer
FLEET AND FACILITIES MANAGEMENT
Fleet Maintenance
PM Work Orders Completed: 14 Number of Tire Repairs: 4 Number of Road Repairs: 8
Other Work Orders: 36 Repair Hours: 182 Road Repair Hours: 8
Total Work Orders: 50 Fabrication Hours: 12 Misc. Hours: 157.5
PM Hours: 55
# Of Scheduled PM’s: 31
# Of Scheduled PM’s: Completed: 9
Paj 76
Major Program Updates
September September
MEASURE 2017 2016 DIFFERENCE
Fleet Maintenance - Scheduled
Preventative Maintenance 9 out of 31 11 out of 31
- 6.45%
appointments being kept (Quantity 29.03 % 35.48 %
and Percentage)
Facilities Maintenance
Facilities - Routine work orders
17 out of 17 37 out of 37
completed within 5 days (Quantity 0%
100 % 100 %
and Percentage)
Facilities - Emergency work
1 out of 1 2 out of 2
orders completed within 2 days 0%
100 % 100 %
(Quantity and Percentage)
Water/Wastewater Divisions
Aug 16 Sept 16 Oct 16 Nov 16 Dec 16 Jan 17 Feb 17
Total Water Prod. 203,656,000 176,510,000 173,574,000 122,328,000 132,009,000 139,873,000 126,731,000
Billed Consumpt. 179,460,000 184,214,000 159,687,000 133,279,000 114,760,000 114,760,000 150,473,000
Total Flow to County 158,799,000 125,583,000 169,995,000 114,255,000 114,682,000 141,147,600 115,346,000
City Readings 178,307,328 135,635,579 147,838,447 150,270,118 136,196,345 142,470,400 148,506,989
March 17 April 17 May 17 June 17 July 17 Aug 17 Sep 17
Total Water Prod. 153,874,000 142,087,000 171,797,000 183,692,000 195,693,000 183,352,000 172,501,000
Billed Consumpt. 120,373,000 127,958,000 127,958,009 161,418,000 179,460,000 169,521,000 169,521,000
Total Flow to County 120,431,000 123,927,000 170,213,000 136,745,000 125,926,000 178,219,000 139,090,000
City Readings 134,835,733 135,076,400 168,499,897 141,349,551 138,366,768 167,858,838 144,462,028
ENGINEERING SUMMARY
Major Program Updates SEPTEMBER 17 SEPTEMBER 16 DIFF FY18 YTD FY17 YTD
State and Federal Violations 0 0 0 0 0
Water Quality Complaints 14 23 -9 23 36
Plan Review Completed Within
30 days of Submission 8 3 +5 28 19
Paj 77
OPERATIONAL SUMMARY
Task SEPTEMBER 17 SEPTEMBER 16 CURRENT FY
Water Production - Daily Average 5,750,033 5,883,667 735,242,000
Average Field Response Time (goal is <30 minutes) 16.50 16.0 17.00
Water Mains Repaired 0 1 0
Water Service Lines Repaired 0 4 4
Wastewater Mains Repaired 0 0 1
Wastewater Service Lines Repaired 2 1 3
Sewer Lines Flushed - linear feet 89,289 111,412 179,936
Sewer Mains Videoed -linear feet 1,361 1,921 4,287
Sewer Manholes Cleaned 442 517 442
Total Fire Hydrants in Service 1,839 1,820 1,839
Total Water Meters in City Distribution System 14,694 14,494 14,694
Paj 78
City Planner’s Monthly Report
Planning & Inspections
SEPTEMBER 2017
Planning, Inspections & Recreation
Highlights
Some Items to Call to Your Attention:
Planning and Development related revenues YTD are at or slightly above budgeted lev-
els for the fiscal year, $234,369 was collected in building permit revenues in the first
quarter of the fiscal year, equaling 29% of the budgeted amount. Planning Staff were in-
volved in review of 61 permits and 16 certificates of occupancy during September . For
the year to date this results in 860 permit reviews, slightly below this period last year
(846) but above the level in 2015 (720). Additionally, during September the value of
commercial projects approved was $8,749,380 yielding a total for the first quarter of FY
18 of $12,065,955. Building inspections were also up from this period last year, with
1464 inspections conducted in the quarter versus 1231 for this period last year. Finally, a
number of new businesses are open in the pipeline downtown and along the corridor,
and proposals for commercial and professional office projects continue to be received.
These are good indicators of a continuingly improving local economy.
The Department continues its efforts to review and revise the Zoning Ordinance, with
council consideration of a set of changes to Sections 5 & 6 thereof. Code Enforcement
saw a total of 190 new cases opened in September (out of 289 inspections), with the ma-
jority involving tall grass and weeds.
With the recent changes in the organizational structure, the Department of Parks & Rec-
reation falls under the direction of Margie Cyr, Library Director. The September report of
Parks & Recreation activities will become part of the City Manager’s Monthly Report.
However, Staff of the Planning Office remains involved in several Parks & Recreation pro-
jects.
Paj 79
City Planner’s Monthly Report
Planning, Inspections & Recreation
More Highlights!
Maria Quinones joined the Fire Marshal Staff as an Deputy Fire Marshal
(FM-3) on September 25, 2017.
The Fall 2017 NASCAR Race Event Activities occurred September 29 &
30th and October 1st. The Department issued RV Camping Permits to 15
locations, Itinerant Merchant Business Licenses to vendors, and Fire-
works Permits. The Office of the Fire Marshal spent time on-site com-
pleting inspections related to compliance with camping permits and fire
regulations.
Development Highlights: Places to EAT and Places to LIVE!
Panera Bread—545 N. DuPont Highway Olive Garden 263 N. DuPont Highway - Renovations + New
Sprinkler System
Village of Westover Nottingham Meadows
417 Northdown Drive
38 Wellington Avenue
Paj 80
PROGRESS IN PICTURES
The Grande, Building 4- 101 & 10& 105 Doveview Drive
301 Nob Hill Road—Clearview Meadows
Paj 81
Planning & Inspection Revenues
FY ' 18 Actual
FY '18 Budget (YTD) September % of Budget
Revenue Stream
Business License $1,467,000 $ 1,408,660 96%
Trailer License $19,000 $ 11,686 62%
Building Permits $800,000 $ 234,369 29%
Cert. of Occupancy $13,000 $ 5,105 39%
Public Occupancy $23,000 $ 600 3%
Lodging House $14,000 $ 28 0%
Plumbing/Heating/
Air $115,000 $ 63,371 55%
Rental Inspection
Fee $437,000 $ 1,584 0%
Miscellaneous $27,000 $ 1,657 6%
Fire Protection
Fees $65,000 $ 24,177 37%
Code Enforcement
Fines $35,000 $ 10,875 31%
Vacant Building
Reg. $250,000 $ 64,325 26%
Total P&I Revenue $3,265,000 $ 1,826,437 56%
30-Sep-17
PERSONNEL AND TRAINING
On September 22, 2017, Jake Shepherd (Code Enforcement Inspector I) transferred to a
Dispatcher position at the Dover Police Department.
PLANNING OFFICE
The Planning Office is part of the review process for certain types of construction activity
permits (Building Permits, Sign Permits, etc.) and Certificate of Occupancy permits. For
September 2017, Planning Staff was involved with review of 61 Permits and 16 Certifi-
cates of Occupancy permits. This results in a 2017 calendar year to date total of 860 Per-
mits and Certificates of Occupancy (2016 calendar year to date total of 846 Permits and
COs compared to 720 for 2015). Planning Staff also reviews new applications for Business
Licenses and Rental Dwelling Permits.
Paj 82
COMPREHENSIVE PLAN IMPLEMENTATION
Planning Staff continues to focus on the various implementation items identified in the 2008
Comprehensive Plan as amended.
The Planning Office continues to be involved in the following studies and projects: Restoring Central
Dover Community Plan implementation, the Dover/Kent County MPO Regional Bicycle Plan Update
project, and Downton Dover Parking Study.
Planning Staff is also focused on reviewing Dover’s Downtown Development District program manage-
ment seeking to better understand the administrative activities and to focus on updates to program out-
reach materials.
The Planning Office is concluding the Study of “Non-conforming Uses” which identified non-compliant
uses in specific residential zones. Two Rounds of Notifications to non-conforming property owners oc-
curred in 2016 and early 2017. A number of the identified properties have taken action to resolve the non
-conformity issues. The last set of non-conforming properties (Round 2) were notified with sunsetting
date of June 30, 2017 if not resolved. For one of the remaining properties, the Planning Commission rec-
ommended approval of a rezoning application (Z-17-04) in August with Final Action by City Council to
approve the rezoning on September 25, 2017.
Planning Staff participated in the Delaware Population Consortium meeting to begin review of the data
being prepared for the Consortium’s annual population projections (expected to be released in late Octo-
ber/early November).
Construction Activity
Construction activities continue at several multi-family residential projects including the Tall Pines pro-
ject at 1655 and 1665 Kenton Road (S-14-18), Leander Lakes Apartments (S-12-18), Phase 2 of the Blue
Hen Apartment Complex (S-15-12), the final apartment building of The Grande: SCHO PND (C-15-04),
the reconstruction of Liberty Court Apartments (S-16-22) and the renovations of Whatcoat Village
Apartments (S-16-05).
There is residential construction activity in Clearview Meadows PND, Nottingham Meadows, Seskinore,
Village of Cannon Mill, and Village of Westover.
Certificates of Occupancy were issued to seven (7) one family detached dwellings and four (4) town-
house dwellings; and three (3) apartment buildings received Temporary Certificates of Occupancy.
SEPTEMBER (2017) FY18 TOTAL FOR FY18
New Home Permits Issued 8 43
Value of Commercial Projects $849,380.00 $12,065,955.00
Downtown Incentives (Fees $432.00 $3,080.00
Waived)
Paj 83
BOARD AND COMMISSION ACTIVITY
Planning Commission
The Planning Commission met on September 18, 2017. The next Planning
Commission meeting is scheduled for October 17, 2017. The Planning Com-
mission tool action to recommend approval of the updated Memorandum of
Understanding (MOU) for the Preliminary Land Use Services (PLUS) Re-
view process (MI-17-06).
MI-17-02 Text Amendments: Zoning Ordinance, Article 5 and Article 6 –
Planning Commission moved to recommend approval to City Council for
Application MI-17-02 Text Amendments: Zoning Ordinance, Article 5 and
Article 6, which was a series of amendments to the Supplementary Regula-
tions and Parking regulations. The Recommendation was contingent upon
clarification of when a multi-use path will be required in order to make clear
(per the language) in what cases that it would be an expected component of a
project (Planning Commission Amendment #1). The Recommendation is to
include approval for the adoption of Ordinance 2017-12 in First Reading for-
mat and to include approval of the series of items addressed in Staff Amend-
ment #1.
Board of Adjustment
The Board of Adjustment did not meet on September 16, 2017. The next reg-
ular scheduled meeting of the Board of Adjustment is scheduled for October
18, 2017.
Historic District Commission
The Historic District Commission met on September 21, 2017. The next His-
toric District Commission meeting is scheduled for October 19, 2017.
HI-17-03 Sign Permit #17-1484: Wall Sign at 115 West Loockerman Street–
The Commission’s deliberations resulted in tie votes (motions failed) pertain-
ing to the Architectural Review Certification requested for the installation of
an internally lit wall sign at Puffster Smoke Vape Lounge. The applicant de-
cided to appeal the decision of the Historic District Commission to the Plan-
ning Commission and then the Planning Commission would consider the Ar-
chitectural Review Certification.
Paj 84
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CDBG FY17 Projects
The Department of Housing & Urban Development (HUD) has approved the
FY17 Action Plan for the FY15-FY19 Multi-Year projects listed below. Con-
tract signings have been scheduled for sub-recipients for mid-October.
Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time
homebuyers who purchase affordable housing in the City of Dover. Four (4)
families are currently under contract to purchase homes.
Dover Interfaith Mission for Housing
CDBG funds will be used to provide operation costs for the shelter.
Connections Community Support Program
CDBG funds will be used to provide rapid re-housing/rental assistance ser-
vices for homeless households within the City.
Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro-
grams
CDBG funds will be used to rehabilitate existing owner occupied housing in
the City that is in violation of the City’s Housing Code and complete emergen-
cy home repairs to eliminate housing conditions that threaten the health and
safety of low income homeowners.
Habitat for Humanity
CDBG funds will be used to complete exterior renovations to existing owner-
occupied homes in the Restoring Central Dover Revitalization area.
NSP Program
The City provided $50,000 in NSP grant funds to Diamond State Community
Land Trust to assist in acquiring a vacant or foreclosed property in the City of
Dover. The property will be fully renovated and sold to a low to moderate in-
come family.
Paj 85
Code Enforcement Activity—SEPTEMBER
Case Type # cases current # cases % staff initiated % staff initiated
month YTD (July current month YTD
to Sep-
tember)
No valid Rental Permit 0 4 0% 75%
No valid Building Permit 10 26 70% 93%
Tall grass and weeds 69 161 66% 75%
Unregistered vehicle 15 29 73% 76%
Abandoned vehicle 2 7 33% 66%
Annual Housing Inspection 25 71 72% 88%
Property Maintenance – 28 112 46% 45%
Exterior
Electric Termination 9 31 55% 89%
Dover Code of Ordinances 30 75 53% 53%
Zoning 2 5 50% 63%
Total Cases Opened 190 521
Total # of Inspections For 289
Month
719 E. Division Street-
Condemned
Paj 86
Dangerous Buildings, Vacant Buildings & Demolitions
954 Lincoln Street—The property was condemned and taken forward to City Council as a
dangerous building on November 7, 2016. Council ordered the owner to demolish the
structure by December 7, 2016. The asbestos survey and abatement have been complet-
ed . The mortgage company has requested time to make renovations. The demolition has
been put on hold.
1175 Horsepond Road—The property was condemned on November 14, 2016 due to the
dilapidated condition of the home. Notice was sent to the owner to repair or demolish the
structure by February 23, 2017, or City Staff would take the property forward to City
Council as a dangerous building. Property was presented to City Council on March 6,
2017; Council declared the property dangerous and ordered the owner to demolish by
April 7, 2017. The owner is working to have the building demolished.
236 Eisenhower Drive—The property was condemned on August 29, 2016, due to the di-
lapidated condition of the home. Notice was sent to the owner to repair or demolish the
structure by February 23, 2017, or City Staff would take the property forward to City
Council as a dangerous building. Property was presented to City Council on March 6,
2017; Council declared the property dangerous and ordered the owner to demolish by
April 7, 2017. The demolition of the structure is complete
803 Westview Terrace—The in-ground swimming pool has been condemned. Notice has
been sent to all lien holders regarding the code violations to the in-ground swimming
pool. Staff took this property to City Council on August 7, 2017 as a dangerous building
and Council ordered the Owner to demolish the pool by September 7, 2017, or City Staff
would have the pool demolished. Notice has been sent to the lien holders to remove all
items related to the pool removed and demolition specifications are being worked on.
2292 White Oak Road—The dwelling was condemned as unfit for human occupancy and
notice was sent to the owner to repair or demolish the structure. City Staff took this prop-
erty to City Council on August 7, 2017 as a dangerous building and Council ordered the
Owner to demolish the house by September 7, 2017, or City Staff would have the struc-
ture demolished. Notice has been sent to the lien holders to remove all items from the
property that they wish too keep. The demolition specifications are being worked on.
Vacant Buildings—During the month of September fifteen (15) additional buildings were
registered as vacant, and $25,725.00 in vacant building registration fees were collected.
Paj 87
Building Inspections & Licensing Summary
Current Aug 17-June18 Sept 2016 Sept 16 -June17
SEPT 18 FYTD 18 SEPT 17 FYTD 17
PERMITTING AND LICENSING
Permits Issued SEPT (2017) SEPT (2016)
FY 18 FYTD 18 FY17 FYTD 17
Administrative Permit 4 11 0 5
Building Addition/Renovation Permits 24 103 23 99
Building Permits
21 94 35 90
Demolition Permits
3 9 5 9
Fence Permits 8 33 14 26
Fire Prevention Permits 2 45 5 26
Mechanical Permits
38 152 43 144
Plumbing Permits
115 255 46 110
Sign Permits 19 52 15 62
Swimming Pool Permits
0 2 1 5
Business Licenses 142 1865 184 1959
Merchant Licenses
29 315 20 324
Contractor Licenses
84 1012 85 767
Lodging House Licenses
0 0 0 14
Manufactured Homes
40 253 52 273
Public Occupancy 11 26 11 43
Rental Dwelling 12 46 21 64
BUILDING INSPECTIONS
Inspections SEPT (2017) SEPT (2016)
FY 18 FYTD 18 FY17 FYTD 17
Building (Inspections/Site Meetings)
412 1464 497 1231
Plumbing/Mechanical
641 1768 268 1073
Certificate of Occupancy 16 62 23 55
Paj 88
Fire Marshal’s Office—At a Glance
The Fire Marshal’s Office investigated a total of
eight (8) incidents in the month of September to
include losses at Beth Pl, Stevenson Dr,
Doveview Dr, S DuPont Hwy, and Banning St.
Maria Quinones was hired as the new Inspector
I/Deputy Fire Marshal.
The Fire Marshals Office spent over 35 hours
during race weekend ensuring the citizens and
visitors of the City of Dover were safe.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 23 44 81
Deficiencies From the Above Inspections 78 289 251
Fire Code Violations/Deficiencies/Complaints 12 61 59
C/O & Fire Equipment Acceptance Tests 20 43 41
Meetings & Walk Through 26 56 44
Fire Plan Review & DAC 10 61 29
Month Year to Date Previous Year to Date
Accidental 6 totaling $112,500 12 totaling $162,500 $220,000
Undetermined 1 totaling $7,500 1 totaling $7,500 $23,000
Incendiary 1 totaling $1,000 15 totaling $21,502 $0.00
Arrest Made with DPD 0 0 -
Investigation Time 15 hours 42 hours -
Injuries 0 0 -
Deaths 0 0 -
Please feel free to contact our office at any time with any questions or concerns. Thank you!
Paj 89
SEPTEMBER
2017
PLEASE NOTE – THIS REPORT PROVIDES TOP LINE INFORMATION ON THE OPERATING
FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION, PLEASE FEEL FREE TO CONTACT
THE FINANCE DEPARTMENT.
Paj 90
CITY OF DOVER
ACTIVITY REPORTS
SEPTEMBER 2017
FINANCE DEPARTMENT ACTIVITY LEVELS
FY17 YTD FY18 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 1,869 1,660
Total Amount of All Deposits $ 44,690,902 $ 44,361,087
Other Activity
Number of Pay Periods 7 7
Number of Payroll Checks & Direct Deposits Issued 2,806 2,765
Number of Pension Checks Issued 757 762
Total Pension Benefits Paid - Defined Benefit Plan $ 1,304,343 $ 1,355,991
ACCOUNTS PAYABLE
Number of Check Vouchers 1,367 1,555
Number of EFT Vouchers 554 608
Vouchers Dollar Amount Disbursed $ 16,237,291 $ 18,701,215
FY17 YTD Wages FY18 YTD Wages
$199,335
$60,872 $67,738
$47,439 $46,502
$116,153 $144,355
$208,914
$129,106
$149,787
$417,126
$421,604
$398,163
$377,313
$4,541,344 $4,523,984
Regular Regular
All over time All over time
Vacation Vacation
Sick Sick
Terminal Leave - Retiree Vacation/Sick Payout
Terminal Leave - Retiree Vacation/Sick Payout
Personal
Personal Comp
Other Comp Time
Other
Paj 91
City of Dover
General Fund Summary
Fiscal Year to Date (September 2017)
Revenues
Budget Actual %
Property & Transfer Taxes $ 14,234,900 $ 12,865,382 90%
Program Revenues 10,834,900 3,444,016 32%
Utility Transfers 10,900,000 2,730,000 25%
Grants 605,000 - 0%
Interfund Services 5,376,200 1,404,225 26%
All Other* 980,000 55,664 6%
$ 42,931,000 $ 20,499,287 48%
*Includes: Franchise Fees, Miscellaneous Revenues, Garrison Farm Rent, Verizon Grant and Other Reserves
Expenditures
Budget Actual %
Program Expenditures $ 26,724,500 $ 6,001,217 22%
Interfund Services 9,553,300 2,201,532 23%
Debt Service 443,100 114,127 26%
Post Retirement Benefits 2,063,000 516,000 25%
Pension Fund Contributions 1,224,900 192,000 16%
Capital Project Transfers 1,368,700 684,175 50%
All Other* 1,483,500 252,548 17%
$ 42,861,000 $ 9,961,599 23%
*Includes: DDP Contribution, Misc. Grant Exp., Bank and CC Fees, New Street Property Acquisitions,
Street Lights Expense, Transfer to Capital Asset Reserve, Inventory write-offs,
Transfer to Verizon Reserve, & Uncollectibles: Trash and Other, Other Employment Exp.
General Fund Revenues
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Property & Program Utility Transfers Grants Interfund All Other*
Transfer Taxes Revenues Services
Budget Actual
General Fund Expenditures
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Budget Actual
Paj 92
City of Dover
Water/Wastewater Fund Summary
Fiscal Year to Date (September 2017)
Revenues
Budget Actual %
Customer Sales $ 14,535,200 $ 3,921,404 27%
Impact Fees 440,000 472,055 107%
Rents 391,400 10,893 3%
Miscellaneous 72,400 21,199 29%
$ 15,439,000 $ 4,425,551 29%
Expenditures
Budget Actual %
Program Expenses $ 3,896,800 $ 852,025 22%
Kent County Treatment Fee 3,926,500 1,021,404 26%
Interfund Services 1,716,100 440,231 26%
Debt Service 1,137,400 234,009 21%
Post Retirement Benefits 249,700 60,555 24%
Capital Project Transfers 3,200,000 800,000 25%
General Fund Transfer 900,000 228,000 25%
All Other* 91,900 6,932 8%
$ 15,118,400 $ 3,643,156 24%
*Includes: Bank & CC Fees, Bond Issuance Cost, Other Employment Expenses
Water/Wastewater Revenues
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Customer Sales Impact Fees Rents Miscellaneous
Budget Actual
Water/Wastewater Expenses
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Kent County Interfund Debt Service Post Capital Project General Fund All Other*
Expenses Treatment Fee Services Retirement Transfers Transfer
Benefits
Budget Actual
Paj 93
City of Dover
Electric Fund Summary
Fiscal Year to Date (September 2017)
Revenues
Budget Actual %
Customer Sales $ 80,892,200 $ 21,844,298 27%
All Other* 982,000 282,065 29%
$ 81,874,200 $ 22,126,363 27%
*Includes: Weyandt Hall Rents, Miscellaneous Revenue, Interest Earnings
Expenditures
Budget Actual %
Power Supply & Generation $ 49,075,100 $ 11,416,106 23%
Electric Operating Division Exp. 6,660,200 1,458,382 22%
Interfund Services 3,660,100 963,994 26%
Debt Service 1,605,500 404,238 25%
Post Retirement Benefits 1,820,300 457,500 25%
Pension Unfunded Liability 1,000,000 249,000 25%
Capital Project Transfers 5,000,000 1,250,000 25%
General Fund Transfer 10,000,000 2,502,000 25%
Rate Stabilization Reserve 5,200,000 - 0%
All Other* 2,162,400 496,377 23%
$ 86,183,600 $ 19,197,597 22%
*Includes: Bank & CC Fees, Utility Tax, Interest on Deposit, Legal Exp., Green Energy,
A/R Write-offs, Contractual Services, Other Employment Expenses
Electric Fund - Revenues
Millions
$- $10 $20 $30 $40 $50 $60 $70 $80 $90
Budget
Actual
Customer Sales All Other*
Electric Fund - Expenditures
$55,000,000
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Power Supply & Interfund Services Post Retirement Capital Project Rate Stabilization
Generation Benefits Transfers Reserve
Budget Actual
Paj 94
City of Dover
Division Expense Summary (General Fund)
Fiscal Year to Date (September 2017)
Budget Actual % General Fund Divisions % of Budget
City Clerk $ 436,700 119,249 27%
Council 155,100 27,896 18% Mayor
Tax Assessor 238,500 64,164 27% Human Resources
Fire 774,900 178,141 23% Customer Services
Grounds 1,142,000 232,094 20%
Vehicle Maintenance
Library 1,708,300 413,638 24%
Procurement & Inventory
Recreation 764,200 190,125 25%
Life Safety 499,600 79,699 16% Engineering
Code Enforcement 449,700 103,114 23% Facilities Management
Planning 563,400 126,474 22% Pub. Services Administration
Public Inspections 721,000 145,954 20% Finance
Police 16,483,900 3,766,649 23%
Information Technology
Police Extra Duty 560,000 74,280 13%
City Manager
Streets 1,119,400 211,841 19%
Sanitation 2,563,900 587,596 23% Sanitation
City Manager 751,500 158,390 21% Streets
Information Technology 777,400 251,240 32% Police Extra Duty
Finance 1,038,900 245,829 24%
Police
Pub. Services Administration 718,300 168,895 24%
Public Inspections
Facilities Management 629,700 142,109 23%
Engineering 277,700 59,542 21% Planning
Procurement & Inventory 605,100 159,464 26% Code Enforcement
Vehicle Maintenance 838,200 174,087 21% Life Safety
Customer Services 1,169,500 236,757 20% Recreation
Human Resources 436,600 99,636 23%
Library
Mayor 119,300 18,133 15%
Grounds
$ 35,542,800 $ 8,034,996
Fire
Tax Assessor
Council
City Clerk
0% 5% 10% 15% 20% 25% 30% 35%
Paj 95
Budget Actual
City of Dover
Utilities Summary
Fiscal Year to Date (September 2017)
Water/Wastewater Divison Expenses
Budget Actual %
Engineering & Inspection $ 517,800 $ 92,426 18%
Water Department 635,700 124,314 20%
Water Treatment Plant 1,780,500 423,039 24%
Wastewater Department 962,800 212,246 22%
$ 3,896,800 $ 852,025
Electric Division Expenses
Budget Actual %
Transmission/Distribution $ 3,599,600 $ 879,413 24%
Electrical Engineering 1,226,400 239,688 20%
Administration 797,000 103,771 13%
Meter Reading 392,500 94,602 24%
Systems Operations 644,700 140,908 22%
$ 6,660,200 $ 1,458,382
Water/Wastewater Division % of Budget
Wastewater Department
Water Treatment Plant
Water Department
Engineering & Inspection
0% 5% 10% 15% 20% 25%
Electric Division % of Budget
Systems Operations
Meter Reading
Administration
Electrical Engineering
Transmission/Distribution
0% 5% 10% 15% 20% 25% 30%
Paj 96
City of Dover
Capital Outlay Summary (All Funds)
Fiscal Year to Date (September 2017)
Capital Outlay - All Divisions
General Fund Budget Actual %
2,500,000
City Clerk $ - $ 155,349 0%
Fire 145,700 145,614 100% 2,000,000
Grounds Maintenance 62,500 - 0%
Recreation 271,000 2,259 1% 1,500,000
Police 379,900 - 0% 1,000,000
Streets 1,070,000 66,933 6%
Information Technology 36,600 25,731 70% 500,000
Facilities Management 25,100 - 0%
-
Transfer to Parkland Reserve - 23,014 0%
General Fund Capital Projects $ 1,990,800 $ 418,900 21%
Water/Wastewater Fund
Water 1,608,400 29,415 2%
Wastewater 1,543,000 62,786 4%
Budget Actual
Water/Wastewater Capital Projects $ 3,151,400 $ 92,201 3%
Electric Fund
Capital Outlay - By Fund
Electric Generation 2,328,000 140,504 6%
$8,000,000
Transmission/Distribution 1,725,500 127,244 7%
$7,000,000
Electrical Engineering 1,315,000 54,988 4%
$6,000,000
Electric Administration 8,500 - 0%
$5,000,000
ERP System 1,500,000 9,248 1%
$4,000,000
Electric Capital Projects $ 6,877,000 $ 331,984 5%
$3,000,000
Total Capital Projects $ 12,019,200 $ 843,085 7%
$2,000,000
$1,000,000
$-
Budget Actual
General Fund Capital Projects Water/Wastewater Capital Projects Electric Capital Projects
Paj 97
September 2017 Procurement & Inventory Report
Measure FY 2018 FY 2017 DIFFERENCE
Issue Effectiveness – How often the
FY 2018 (To date) FY 2017 (Total)
warehouse has what the departments
[930/(930+32)]*100 [4,581/(4,581+119)]*100 - 0.8 %
need when it’s needed.
96.67% 97.47 %
[issues / (issues + back orders)] * 100
Turn Over Rate – Indicates that the
August 2017 August 2016
material stocked is the material being +0.22 Turnovers per year
0.84 Turnovers per year 0.62 Turnovers per year
used. (2016-2017 Goal 1 per year)
REQUESTING
BID NUMBER TERM
COMMODITY DEPARTMENT STATUS as of October 3, 2017
Forwarded to Electric and Compliance Environmental on
Hazard Response Services Contract 18-0003EL Three Years Electric
8/31/2017.
Consulting Services for Data Conversion
18-0005IT One time Info Tech RFP opening scheduled for October 24, 2017 @ 2:00 pm.
from Superion H.T.E to Tyler Munis
S. Bradford Street and William Street Water
18-0006PW One time Public Works Bid opening Scheduled for October 4, 2017 @ 2:00 pm
Main Replacement Project
Wire & Cable Term Contract 3-2017CS Annual Procurement Bids forwarded to Electric on 9/25/2017
Electric Utility Cost of Service & Rate
18-0009CM One time City Manager's Office RFP opening scheduled for October 20, 2017 @ 2:00 pm.
Design Study
Ambulance Services for the City of Dover 18-0010CM Three Years City Manager's Office Draft is under review by Dave Truax.
Electric Utility Management &
Benchmarking Assessment, Financial Risk Pre-proposal meeting on October 20, 2017 @ 9:00 am in the
Assessment Evaluation of Alternative 18-0011CM One time City Manager's Office City Hall Conference Room. RFP opening scheduled for
Proposals for the City of Dover Electric November 13, 2017 @ 2:00 pm.
Utility
Connectors Term Contract 6-2017CS Annual Procurement Bids due October 18, 2017 @ 7:00 pm
RFP 18-0011CM One time City Manager’s Office Draft is under review
Connectors Term Contract 6-2017CS Annual Procurement Bids due October 18, 2017 @ 7:00 pm
FUEL USE FY 2017 TO DATE FY 2018 TO DATE STOCK WITH OVER 60 MONTH SUPPLY (5 YEARS)
Unleaded: 34,384.0 gallons 33,474.0 gallons Electric: $ 447,897.47 308 Line Items
Diesel: 20,319.3 gallons 18,343.6 gallons Water: $ 19,189.51 50 Line Items
Dollars Spent: $85,660.26 $84,902.44 General: $ 36,825.87 145 Line Items
Total: $ 503,912.85 503 Line Items
Purchase Orders for Stock by Fund Issues from Stock by Fund
FY 2017 TO DATE FY 2018 TO DATE FY 2017 TO DATE FY 2018 TO DATE
Electric: $ 382,384.30 $566,888.31 Electric: $252,186.07 $281,405.04
Water: $ 23,313.16 $ 40,861.93 Water: $ 54,475.99 $ 38,278.53
General: $ 68,982.22 $ 36,162.28 General: $ 31,605.53 $ 38,241.32
Total: $ 474,679.68 $643,912.52 *Total: $338,333.79 $357,978.15
Warehouse Stock Money Spent for Postage/Postal Services
FY 2017 FY 2018 FY 2017 TO DATE FY 2018 TO DATE
Total Dollar Value: $ 2,328,989.13 $ 2,104,819.87 $38,304.28 $36,212.97
Total Line Items: 1,317 1,313
• Total of Issues from Stock by Fund includes Issues from Sale from Stock (SS) and Electric Returns (ER).
Paj 98
MONTHLY REPORT
September 2017
Paj 99
Date Range: From 09/01/2017 to 09/30/2017
Incident Run Log Company: All Companies
Dover Fire Department Sorted by: Not selected
Date FDID Incident# Alarm ### Address Suite Type Lgth
09/01/2017 30046 2017-000799 09:03 911 KENTON RD Medical assist, assist EMS crew 0.0
09/01/2017 30046 2017-000800 11:03 N GOVERNORS AVE Extrication of victim(s) from vehicle 0.9
09/01/2017 30046 2017-000801 11:48 208 N BRADFORD ST Smoke detector activation, no fire - unintentional 0.1
09/01/2017 30046 2017-000802 19:04 515 N DUPONT HWY Gas leak (natural gas or LPG) 1.0
09/01/2017 30046 2017-000803 19:46 629 BUCKSON DR Good intent call, other 0.3
09/01/2017 30046 2017-000804 20:53 1001 WHITEOAK RD BLDG B Extrication, rescue, other 0.3
09/02/2017 30046 2017-000805 07:29 108 BETH PL Building fire 1.8
09/02/2017 30046 2017-000806 07:49 101 BABB DR Cooking fire, confined to container 0.4
09/02/2017 30046 2017-000807 20:44 RIVERSIDE DR No incident found on arrival at dispatch address 0.7
09/03/2017 30046 2017-000808 11:59 29 S WEST ST Smoke detector activation, no fire - unintentional 0.2
09/03/2017 30046 2017-000809 12:21 116 PARKWAY DR Arcing, shorted electrical equipment 0.3
09/03/2017 30046 2017-000810 13:26 411 S QUEEN ST Gas leak (natural gas or LPG) 0.3
09/03/2017 30046 2017-000811 14:50 327 MIFFLIN RD Electrical wiring/equipment problem, other 0.3
09/03/2017 30046 2017-000812 19:40 400 N DUPONT HWY F Smoke detector activation due to malfunction 0.7
09/04/2017 30046 2017-000813 03:56 930 PUBLIC SAFETY BLVD No incident found on arrival at dispatch address 0.6
09/04/2017 30046 2017-000814 08:54 120 N STATE ST False alarm or false call, other 0.1
09/04/2017 30046 2017-000815 14:57 237 PINE ST Smoke detector activation due to malfunction 0.3
09/05/2017 30046 2017-000816 07:35 147E WILLIS RD Cooking fire, confined to container 0.8
09/05/2017 30046 2017-000817 10:46 1119 FORREST AVE Alarm system activation, no fire - unintentional 0.0
09/06/2017 30046 2017-000818 02:07 15 RIVERCHASE DR Water or steam leak 0.5
09/06/2017 30046 2017-000819 13:25 606 N STATE ST Smoke detector activation, no fire - unintentional 0.2
09/06/2017 30046 2017-000820 13:36 992 WHATCOAT DR Unintentional transmission of alarm, other 0.4
09/06/2017 30046 2017-000821 18:38 134 MITSCHER RD Cooking fire, confined to container 0.3
09/07/2017 30046 2017-000822 08:42 W DENNEYS RD Motor vehicle accident with injuries 0.4
09/08/2017 30046 2017-000823 13:52 1200 N DUPONT HWY Smoke detector activation due to malfunction 0.1
09/08/2017 30046 2017-000824 13:55 930 RUTH WAY Cooking fire, confined to container 0.3
09/08/2017 30046 2017-000825 15:27 NOB HILL DR Gas leak (natural gas or LPG) 0.9
09/08/2017 30046 2017-000826 16:07 1570 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.1
09/08/2017 30046 2017-000827 17:31 BANK LA Power line down 0.1
09/08/2017 30046 2017-000828 18:13 998 ARTIS DR CO detector activation due to malfunction 0.4
09/08/2017 30046 2017-000829 22:41 87 PAR HAVEN DR I Smoke detector activation due to malfunction 0.3
09/09/2017 30046 2017-000830 00:07 105 KATRINA WAY System malfunction, other 0.5
09/09/2017 30046 2017-000831 10:55 MCKEE RD Vehicle accident, general cleanup 1.2
09/09/2017 30046 2017-000832 16:22 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.0
09/10/2017 30046 2017-000833 13:03 1200 N DUPONT HWY False alarm or false call, other 0.1
09/10/2017 30046 2017-000834 18:31 213 N BRADFORD ST Smoke detector activation, no fire - unintentional 0.6
09/10/2017 30046 2017-000835 18:31 48 SPRUANCE RD Dispatched & canceled en route 0.2
09/10/2017 30046 2017-000836 20:01 1200 N DUPONT HWY Smoke detector activation due to malfunction 0.1
09/11/2017 30046 2017-000837 12:18 290 S DUPONT HWY Extrication of victim(s) from vehicle 0.3
09/11/2017 30046 2017-000838 12:55 111 W LOOCKERMAN ST Cooking fire, confined to container 0.3
09/11/2017 30046 2017-000839 12:58 1200 N DUPONT HWY Alarm system sounded due to malfunction 0.1
09/12/2017 30046 2017-000840 02:54 3997 HAZLETTVILLE ROAD Smoke from barbecue, tar kettle 1.1
09/12/2017 30046 2017-000841 09:22 213 N BRADFORD ST Good intent call, other 0.1
09/12/2017 30046 2017-000842 11:11 416 SUSSEX AVE False alarm or false call, other 0.3
09/12/2017 30046 2017-000843 17:29 1012 COLLEGE RD 103 Unintentional transmission of alarm, other 0.3
09/13/2017 30046 2017-000844 09:35 270 BEISER BLVD Unintentional transmission of alarm, other 0.5
09/13/2017 30046 2017-000845 12:16 35 LOOCKERMAN PLAZA Malicious, mischievous false call, other 0.2
09/13/2017 30046 2017-000846 15:27 120 N STATE ST False alarm or false call, other 0.1
09/13/2017 30046 2017-000847 20:12 HAZLETTVILLE RD Good intent call, other 0.6
09/14/2017 30046 2017-000848 07:52 35 COMMERNCE WAY SUITE False alarm or false call, other 0.1
09/14/2017 30046 2017-000849 08:08 1078 S STATE ST False alarm or false call, other 0.1
09/14/2017 30046 2017-000850 08:13 DIVISON ST Hazardous condition, other 0.1
09/14/2017 30046 2017-000851 17:51 120 N STATE ST False alarm or false call, other 0.2
09/15/2017 30046 2017-000852 11:33 21 N STATE ST Service Call, other 0.5
09/15/2017 30046 2017-000853 16:00 200 W. LOOCKERMAN ST Cooking fire, confined to container 0.4
09/15/2017 30046 2017-000854 22:03 1570 N DUPONT HWY False alarm or false call, other 0.0
09/16/2017 30046 2017-000855 11:44 24 STONEY DR CO detector activation due to malfunction 0.1
09/16/2017 30046 2017-000856 12:41 24 STONEY DR Gas leak (natural gas or LPG) 0.8
09/16/2017 30046 2017-000857 13:41 72 STEVENSON DR Fires in structure other than in a building 1.5
Date: 10/12/2017 Page: 1 Time:13:55
Paj 100
Date FDID Incident# Alarm ### Address Suite Type Lgth
09/16/2017 30046 2017-000858 15:24 110 HAMAN DR Good intent call, other 0.5
09/16/2017 30046 2017-000859 16:09 756 S LITTLE CREEK RD Arcing, shorted electrical equipment 0.6
09/16/2017 30046 2017-000860 17:39 1133 S LITTLE CREEK RD Cooking fire, confined to container 0.3
09/16/2017 30046 2017-000861 22:27 219 N GOVERNORS AVE Service Call, other 0.1
09/17/2017 30046 2017-000862 00:37 835 BAY RD Overheated motor 0.4
09/17/2017 30046 2017-000863 20:40 51 WEBBS LN R Gas leak (natural gas or LPG) 0.3
09/18/2017 30046 2017-000864 11:06 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.1
09/18/2017 30046 2017-000865 11:35 101 BABB DR Smoke detector activation, no fire - unintentional 0.4
09/18/2017 30046 2017-000866 14:04 1119 FORREST AVE False alarm or false call, other 0.4
09/18/2017 30046 2017-000867 18:43 1 WILLIS RD Oil or other combustible liquid spill 0.8
09/19/2017 30046 2017-000868 02:33 222 NORTHDOWN DR Alarm system sounded due to malfunction 0.5
09/19/2017 30046 2017-000869 09:22 8 ATRAM HALL Good intent call, other 0.5
09/19/2017 30046 2017-000870 09:54 1200 N DUPONT HWY Smoke detector activation due to malfunction 0.5
09/19/2017 30046 2017-000871 16:26 1165 N DUPONT HWY 2 Motor vehicle accident with injuries 0.5
09/20/2017 30046 2017-000872 14:20 400 S QUEEN ST Medical assist, assist EMS crew 0.5
09/20/2017 30046 2017-000873 18:59 1217 HARRISON DR Cooking fire, confined to container 0.5
09/20/2017 30046 2017-000874 19:39 1119 FORREST AVE Building fire 1.6
09/20/2017 30046 2017-000875 22:07 688 BUCKSON DR Good intent call, other 0.6
09/21/2017 30046 2017-000876 02:32 1288 E DIVISION ST CO detector activation due to malfunction 0.4
09/21/2017 30046 2017-000877 06:30 10 FAIRWAY LAKES DR B Trash or rubbish fire, contained 0.5
09/21/2017 30046 2017-000878 10:16 140 PURPLE HEART DRIVE Cover assignment, standby, moveup 1.0
09/21/2017 30046 2017-000879 11:47 1344 FORREST AVE Smoke detector activation due to malfunction 0.3
09/21/2017 30046 2017-000880 18:14 35 LOOCKERMAN PLAZA False alarm or false call, other 0.3
09/22/2017 30046 2017-000881 11:03 1289 WALKER RD BUILD M Gas leak (natural gas or LPG) 0.3
09/23/2017 30046 2017-000882 00:23 1160 WALKER RD Cooking fire, confined to container 0.4
09/23/2017 30046 2017-000883 11:21 604 LAKEWOOD PL Gas leak (natural gas or LPG) 0.5
09/23/2017 30046 2017-000884 14:02 1079 ARTIS DR Smoke scare, odor of smoke 0.1
09/23/2017 30046 2017-000885 15:44 222 S DUPONT HWY Fires in structure other than in a building 1.7
09/23/2017 30046 2017-000886 21:34 120 N STATE ST Smoke detector activation due to malfunction 0.1
09/25/2017 30046 2017-000887 02:27 MAPLE PRKWAY N/B & N DUPONT H Good intent call, other 0.3
09/25/2017 30046 2017-000888 10:44 1401 S FARMVIEW DR Good intent call, other 0.2
09/25/2017 30046 2017-000889 11:17 228 GRINDING WHEEL DR Special type of incident, other 0.3
09/25/2017 30046 2017-000890 14:30 150 CECIL ST Smoke detector activation due to malfunction 0.0
09/27/2017 30046 2017-000891 13:47 300 BANNING ST Fires in structure other than in a building 1.2
09/27/2017 30046 2017-000892 17:08 2800 N DUPONT HWY Smoke detector activation due to malfunction 0.4
09/27/2017 30046 2017-000893 20:26 25 GREENTREE DR Alarm system activation, no fire - unintentional 0.2
09/27/2017 30046 2017-000894 22:42 51 WEBBS LN B Vicinity alarm (incident in other location) 0.7
09/28/2017 30046 2017-000895 08:45 WYOMING MILL RD Steam, vapor, fog or dust thought to be smoke 0.8
09/28/2017 30046 2017-000896 12:12 9 E LOOCKERMAN ST Trash or rubbish fire, contained 0.2
09/28/2017 30046 2017-000897 13:25 9 E LOOCKERMAN ST Trash or rubbish fire, contained 0.3
09/28/2017 30046 2017-000898 16:08 820 WALKER RD C Good intent call, other 0.5
09/28/2017 30046 2017-000899 21:46 27 GEORGE ST Smoke scare, odor of smoke 0.3
09/29/2017 30046 2017-000900 03:22 327 MARTIN ST Trash or rubbish fire, contained 0.5
09/29/2017 30046 2017-000901 05:11 600 JEFFERIC BLVD Alarm system sounded due to malfunction 0.4
09/29/2017 30046 2017-000902 14:38 225 S STATE ST Smoke detector activation due to malfunction 0.2
09/29/2017 30046 2017-000903 14:52 1300 S FARMVIEW DR I Arcing, shorted electrical equipment 0.3
09/30/2017 30046 2017-000904 10:58 10 FAIRWAY LAKES DR B Smoke detector activation, no fire - unintentional 0.4
Total Number of Incidents: 106
Total Length of Incidents: 45.2 Hours
Paj 101
12:44 PM Robbins Hose Company # 1, Inc.
10/08/17
Accrual Basis Profit & Loss
September 2017
Sep 17
Ordinary Income/Expense
Expense
Apparatus Repairs & Maintenance 2,708.13
Contract Employee 4,477.12
Electricity 4,224.58
Heating Expenses- Gas 170.22
Other Equipment Repairs 155.33
Program Expenses 19,637.88
Small Tools 1,749.50
Water/Sewer 119.46
Total Expense 33,242.22
Net Ordinary Income -33,242.22
Net Income -33,242.22
Page 1 of 1
Paj 102
FY 17-18 City Funded Account Balance Sheet
ACCOUNT BUDGET SPENT BALANCE
Apparatus Repairs & Maintenance $ 101,300.00 $ 11,605.37 $ 89,694.63
Building Maintenance Supplies $ 1,500.00 $ 7.59 $ 1,492.41
Contract Services-Admin Assist $ 38,500.00 $ 10,063.20 $ 28,436.80
Contractual Services $ 9,000.00 $ 9,000.00
Electricity $ 45,000.00 $ 9,193.82 $ 35,806.18
Gasoline $ 15,000.00 $ 874.50 $ 14,125.50
Heating Expenses- Gas $ 12,000.00 $ 404.52 $ 11,595.48
Medical Supplies $ 1,000.00 $ 1,000.00
Office Supplies $ 1,500.00 $ 42.16 $ 1,457.84
Other Equipment Repairs $ 1,500.00 $ 319.32 $ 1,180.68
Program Expenses $ 45,000.00 $ 25,137.88 $ 19,862.12
Radio Repairs $ 2,000.00 $ 2,000.00
Safety & Security $ 1,500.00 $ 1,500.00
Small Tools $ 3,500.00 $ 1,749.50 $ 1,750.50
Telephone $ 9,000.00 $ 991.98 $ 8,008.02
Training & Travel $ 10,000.00 $ 1,000.00 $ 9,000.00
Uniforms & Firefighting Gear $ 30,000.00 $ 30,000.00
Water/ Sewer $ 2,500.00 $ 496.17 $ 2,003.83
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DEPARTMENT OF POLICE
Marvin C. Mailey 400 South Queen Street
Chief of Police Dover, Delaware 19904
302-736-7111
Fax: 302-672-1842
November 13, 2017
Honorable Robin Christiansen, Mayor
Member of Dover City Council
City Hall
Dover, DE 19901
Mayor Christiansen and Council Members:
The following is the monthly report for Dover Police Department activities for the month of
September 2017:
COMPLAINTS
Total complaints received through September 30th, 2017, numbered 32,011 this is a decrease of
1,054 complaints over the same period last year.
40,000 33,065 32,011
27,227 29,006
30,000 26,481
20,000
10,000
0
2013 2014 2015 2016 2017
CRIMINAL INVESTIGATIONS
8 7
6 5 5 5
4 4
4
2 2
2 1
0 0 0 0 0 0
0
Burglary Robbery Rape Homicide Sudden Death
Cases Reported in September Cases Cleared In September Cases Cleared from Previous Months
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DRUGS, VICE, & ORGANIZED CRIME (DVOC) AND STREET CRIMES SECTION SEIZURES
Along with the drug seizures below, the units also recovered 11 grams of miscellaneous other drugs and
$414.00 USD during the month of September.
100.00 92.505
56.50
50.00 19.169 18
0
0.00
Marijuana Cocaine Ectasy (Doses) Oxycodone Heroin
(Doses)
GRAMS/DOSES
FIREARM SEIZURES
4 3
2 2
2 1
0 0 0 0 0 0 0 0
0
CI DVOC/STREET CRIMES PATROL SEU
HANDGUN RIFLE SHOTGUN
COMMUNITY POLICING
COMMUNITY POLICING CONTACTS
ABANDONED VEHICLES 7
ALCOHOL VIOLATIONS/DUI’S 0
ASSIST OTHER 50
WARRANTS ON FILE 0
BIKE ON SIDEWALK 0
CITY PARK VIOLATIONS 0 CADETS CONTACTS
CRIMINAL ARRESTS 3 PARKING 92
DRUG RELATED ARRESTS 0 DCO’S 118
LOUD MUSIC 0 OPEN CONTAINER 6
MISCELLANEOUS VIOLATIONS 0 LOUD NOISE 0
PARKING VIOLATIONS 29 LEWDNESS 0
PEDDLER 0 OTHER 20
MEETINGS 194 BUSINESS CONTACTS 186
CRIME PREVENTION CHECK 0 LIBRARY CHECKS 9
TRAFFIC ARRESTS 8 COMPLAINTS ASSIGNED 39
WARNINGS 0 SPECIAL EVENT 5
FUGITIVE 0 TOTAL CONTACTS 475
DCO 0
PROSTITUTION 0
TOTAL CONTACTS 291
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STREET CRIMES
STREET CRIMES
ENFORCEMENT CONTACTS
ABANDONED VEHICLES 0
ALCOHOL VIOLATIONS/DUI'S 0
ASSIST OTHER 11
WARRANTS ON FILE 2
CITY PARK VIOLATIONS 0
CRIMINAL ARRESTS 25
DRUG RELATED ARRESTS 19
LOUD MUSIC 0
MISCELLANEOUS VIOLATIONS 1
PARKING VIOLATIONS 0
PEDDLER 0
MEETINGS 9
CURFEW CHECKS 80
CRIME PREVENTION CHECKS 0
TRAFFIC ARRESTS 21
WARNINGS 31
FUGITIVES 14
DCO'S 1
PROSTITUTION 0
TOTAL CONTACTS 214
TRAFFIC ARRESTS
The department issued 8,874 traffic citations through this reporting period; this is a decrease of 3,733
citations over the number issued during the same period last year.
14,000 13,301
12,252 12,607
12,000
9,782
10,000 8,874
8,000
6,000
4,000
2,000
0
2013 2014 2015 2016 2017
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TRAFFIC CRASHES
Through September 30, 2017, the Dover Police investigated 1,360 traffic crashes, a decrease of 52 crashes
investigated during the same period last year.
1,500
1,457
1,450 1,412
1,405
1,400 1,360
1,350 1,315
1,300
1,250
1,200
2013 2014 2015 2016 2017
911 Center
During the month of September, the Dover Police Department handled a total of 8,733 calls averaging 292
calls per day. Dispatchers handled 2,543 on the 911 wireless lines, 525 on the 911 landlines, and 237 on
the Voice over Internet Protocol lines, the remaining 5,428 were administrative calls.
27%
65% 5%
3%
911 Wireless 911 Landline VoIP Administrative
CITY ORDINANCE SUMMONS
Through September 30th, 2017, we issued 4,529 city ordinance summons, a decrease of 840 summonses for
the same period last year. Note: Of those summonses issued in September, 12 DCO’s were issued for
handicapped parking violations and 12 for fire lane parking violations, 131 for false alarms (71 for 1-2
alarms, 37 for 3-5 alarms, 16 for 6-9 alarms, 5 for 10-15 alarms, and 2 for 16 or more alarms) and 7 for
noise violations 6 for vehicle violations and 1 for residence violations).
7,000 5,747
5,620 5,369
6,000 4,742
5,000 4,137 4,529
4,000 3,174 2,755 2,833
3,000 2,423
2,000
1,000
0
2013 2014 2015 2016 2017
ISSUED 5,620 5,747 4,742 5,369 4,529
PAID 3,174 4,137 2,755 2,833 2,423
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Paj 108
SEX OFFENDER STATISTICS/SEPTEMBER
MONTHLY NON COMPLIANT
VERIFICATIONS NOTIFICATIONS
REVERIFICATIONS WARRANTS
TIER 1 0 0 0 0
TIER 2 10 930 41 2
TIER 3 11 1623 27 1
ACTIVE SEX OFFENDERS THAT RESIDE IN THE CITY OF DOVER (please note, Tier 1
offenders are not contacted by Dover Police Sex Offender Agents).
200
185 181
180
160
140
120
100 86 82
80
60
40
20
0
AUGUST SEPTEMBER
TIER 2 185 181
TIER 3 86 82
(Please note, Tier 1 offenders are not contacted by Dover Police Sex Offender Agents).
Please visit our website at www.doverpolice.org for up to date information on crimes and activities
in the City of Dover.
Respectfully Submitted,
Marvin C. Mailey
Chief of Police
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Paj 109
Memorandum
Office of the City Manager
PO Box 475
Dover, DE 19903
Phone: (302) 736-7005
FAX: (302) 736-7002
E-mail: khudson@dover.de.us
To: City Council
From: Kirby A. Hudson, M.P.I.A.
Assistant City Manager
Date: November 1, 2017
Subject: Passport Operations Report
Quarterly Report (12 Weeks) Passport Services
July 31 – October 22, 2017
# Days Library Costs (Staff
Week # Week of Reporting Customers Passports Open Received Hourly + FICA) Net Earnings
1 July 31-Aug 5, 2017 19 15 5 $ 640.05 $ (575.00) $ 65.05
2 Aug 7-Aug 13, 2017 34 33 6 $ 1,140.00 $ (575.00) $ 565.00
3 Aug 14-Aug 20, 2017 24 15 5 $ 661.75 $ (564.00) $ 97.75
4 Aug 21-Aug 27, 2017 28 20 5 $ 765.05 $ (564.00) $ 201.05
5 Aug 28-Sept 3, 2017 28 21 6 $ 808.40 $ (564.00) $ 244.40
6 Sept 5-Sept 10, 2017 29 23 5 $ 888.40 $ (564.00) $ 324.40
7 Sept 11-Sept 17, 2017 32 28 6 $ 1,045.00 $ (564.00) $ 481.00
8 Sept 18-Sept 24, 2017 45 30 6 $ 1,250.10 $ (564.00) $ 686.10
9 Sept 25-Oct 1, 2017 26 24 6 $ 891.70 $ (575.00) $ 316.70
10 Oct 2-Oct 8, 2017 22 20 6 $ 743.35 $ (575.00) $ 168.35
11 Oct 9-Oct 15, 2017 29 21 6 $ 725.00 $ (575.00) $ 150.00
12 Oct 16-Oct22, 2017 31 25 6 $ 941.75 $ (575.00) $ 366.75
Total for Quarter (12 weeks) 347 275 $ 10,500.55 $ (6,834.00) $ 3,666.55
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ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: City Council
PREPARED BY: Traci A. McDowell, City Clerk, on behalf of Council President Slavin
SUBJECT: Council and Committee Meetings - Holiday Schedule DATE SUBMITTED: 10-27-2017
RELATED PROJECT: N/A
APPROVALS: N/A
EXHIBITS: N/A
EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A
FUNDING SOURCE (Dept./Page in CIP & Budget): N/A
TIMETABLE: N/A
RECOMMENDED ACTION: Cancellation of December 25, 2017 City Council Meeting, December 26, 2017
Council Committee of the Whole Meeting, and December 27, 2017 Economic Development Committee Meeting.
BACKGROUND AND ANALYSIS
As we have done in the past, due to the holiday season, it is recommended that the City Council Meeting scheduled
for December 25th, the Council Committee of the Whole Meeting scheduled for December 26th, and the Economic
Development Committee Meeting scheduled for December 27th be cancelled. Please keep in mind that if the need
arises, Special Meetings will be called.
TAS/tm
S:\CAFS\Holiday Schedule 11-13-2017.wpd
Paj 111
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2017-14
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 30, Code of Conduct and Ethic Commission, be amended by inserting the text indicated in
5 blue font, deleting the text indicated in red strikeout, and moving the text indicated in green font, as
6 follows:
7
8 Chapter 30 - CODE OF CONDUCT STANDARDS OF ETHICAL CONDUCT AND ETHICS
9 COMMISSION
10 ARTICLE I. - IN GENERAL
11 Secs. 30-1—30-30. - Reserved.
12 ARTICLE II. - CODE OF CONDUCT
13
14 ARTICLE I. – IN GENERAL
15
16 Sec. 30-31. - Applicability; statement of policy.
17
18 (a) Applicability. This article chapter shall be applicable to all elected and appointed officials and all
19 employees of the city.
20 Sec. 30-2. – Statement of intent and purpose.
21 (ba) Statement of policyIntent. The proper operation of democratic government requires that public
22 officials and employees be independent, impartial, and responsible to the people; that
23 governmental decisions and policies be made in the proper channels of the governmental structure;
24 that public office not be used for personal gain; and that the public has confidence in the integrity
25 of its government. In recognition of these goals, there is hereby established a code of conduct for
26 all city employees and officials. The purpose of this code of conduct is to establish ethical
27 standards of conduct for all such officials and employees by setting forth those acts or actions that
28 are incompatible with the best interests of the city and by directing disclosure by such officials and
29 employees of private financial or other interests in matters affecting the city. . It is the intent of
30 the city that all elected and appointed officials and all employees of the city adhere to high
31 levels of ethical conduct, honesty, integrity and accountability to assure that the public has
32 confidence in all aspects of city government and the city officials that exercise discretionary
33 powers. These standards of ethical conduct are intended to uphold the public trust in the
34 persons in positions of public responsibility who are acting for the benefit of the public. All
35 elected and appointed officials and all employees of the city shall comply with both the letter
36 and the spirit of the standards of ethical conduct and strive to avoid situations that create
37 impropriety or the appearance of impropriety. The standards define and discourage certain
38 actions that may create impropriety or the appearance of impropriety that undermine public
39 trust in elected and appointed public officials and employees.
40 (b) Purpose. The standards of ethical conduct should promote public confidence in the
41 integrity of city officials; state principles of conduct and ethics which are to be applied in
42 public service; inform the public of the standards to which their city officials are expected to
43 adhere; and help motivate city officials and public employees to pursue productive conduct
44 and ethical ideals which exceed minimum standards. The city council finds and declares as
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Proposed Ordinance #2017-14-Ch 30, Code of Conduct and Ethics Commission
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45 matters of public policy goals and objectives for all city employees and elected and appointed
46 officials, the following:
47 (1) Public trust. In our democratic form of government, the conduct of officials and
48 employees of the city must hold the respect and confidence of the people. They must,
49 therefore, avoid conduct which is in violation of their public trust or which creates a justifiable
50 impression among the public that such trust is being violated.
51 (2) Standards. To ensure propriety and to preserve public confidence, officials and employees of the
52 city must have the benefit of specific standards to guide their conduct and disciplinary
53 mechanisms to guarantee uniform maintenance of those standards. Some standards of this type
54 are so vital to government that violation thereof should subject the violator to criminal
55 penalties.
56 (3) Public service. In our democratic form of government, it is both necessary and desirable that all
57 citizens should be encouraged to assume public office and employment, and that, therefore, the
58 activities of officersofficials and employees of the city should not be unduly circumscribed.
59 (4) Performance of duty. Elected city officials are obligated to uphold the fundamental legal
60 principles of our system of government, as set forth in the United States Constitution, the state
61 constitution, and the city Charter, as well as all applicable provisions of federal, state and local
62 law and court decisions. They are bound to do so, and the failure to so act shall constitute
63 malfeasance in office.
64 (5) Fairness. City officials and employees shall strive for the highest standard of fairness in all of
65 their activities and shall not grant any special consideration, treatment, or advantage to any
66 citizen beyond that which is available to every other citizen.
67 (6) Use of private information. In the course of their official responsibilities, city officials and
68 employees are often privy to categories of information which are of a private nature and are
69 legally protected from public disclosure. City officials and employees shall maintain the
70 privacy of such information, and they shall not take advantage of such information for personal
71 gain, or the personal gain of friends or family.
72 (Code 1981, § 2-8; Ord. of 7-13-1998)
73 Sec. 30-3. – Acknowledgment of policies; required disclosures, and required annual training.
74 In order for the mayor, councilmembers, mayoral and council appointees, and city employees to
75 better serve the constituents of the City of Dover in an open, transparent fashion and to further be
76 held accountable, the following actions shall be taken by each of the designated persons:
77
78 (a) Acknowledgment of policies. Each elected and appointed official and all city employees
79 shall be furnished copies of Chapter 30 – Standards of Ethical Conduct and Ethics
80 Commission, either electronically or, if requested, in hard copy, before entering upon the
81 duties of their office or employment and shall sign a written acknowledgment of receipt of
82 the copy. The documents shall be read, reviewed, and signed by all appointees by the time
83 of their appointment or re-appointment.
84
85 (b) Disclosure statementFinancial disclosure report. Any city employee or elected or appointed
86 official who has a financial interest in any private enterprise which is subject to the
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Proposed Ordinance #2017-14-Ch 30, Code of Conduct and Ethics Commission
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87 regulatory jurisdiction of, or does business with, any city agency (and any city official who
88 has a financial interest in any private enterprise which is subject to the regulatory
89 jurisdiction of, or does business with, the city agency on which he serves as an appointee)
90 shall file a financial disclosure report with the ethics commission a written statement fully
91 disclosing the same. Such disclosure shall be confidential and the ethics commission shall
92 not release such disclosed information, except as may be necessary for the enforcement of
93 this articlechapter. The filing of such financial disclosure statementreport shall be a
94 condition of commencing and continuing employment or appointed status with the city.
95 The financial disclosure report shall be submitted by August 1st of each calendar year.
96 [Moved from Sec. 30-34-Established, (d) Disclosure statement]
97
98 (c) Disclosure of interest in legislation.
99
100 (1) A councilman who has a financial or other private interest in any legislation shall
101 disclose on the records of the council or other appropriate authority the nature and
102 extent of such interest. This provision shall not apply if the councilman disqualifies
103 himself from voting on such legislation.
104 (2) Any other city official or employee who has a financial or other private interest in
105 any legislation and who participates in discussion with or gives an official opinion to
106 the council shall disclose on the records of the council or other appropriate
107 authority the nature and extent of such interest.
108 (3) Any city employee or city officer who has a financial interest in any private
109 enterprise which is subject to the regulatory jurisdiction of, or does business with,
110 any city agency, shall file with the ethics commission a written statement fully
111 disclosing the same. Such disclosure shall be confidential and the ethics commission
112 shall not release such disclosed information, except as may be necessary for the
113 enforcement of this subchapter. The filing of such disclosure statement shall be a
114 condition of commencing and continuing employment or appointed status with the
115 city.
116
117 (4) Required annual training. All city employees and elected and appointed officials shall
118 undergo and receive annual training on the City of Dover's ethics policies and procedures.
119
120 Sec. 30-324. - Definitions.
121 The following words, terms and phrases, when used in this article, shall have the meanings ascribed
122 to them in this section, except where the context clearly indicates a different meaning:
123 Close relative means a person's parents, spouse, children (natural or adopted), and siblings of the
124 whole and half-blood.
125 Commission and ethics commission mean the city ethics commission as established by this chapter.
126 Compensation means any money, thing of value, or any other economic benefit of any kind or
127 nature whatsoever conferred on or received by any person in return for services rendered or to be
128 rendered by the official or employee, or by another.
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Proposed Ordinance #2017-14-Ch 30, Code of Conduct and Ethics Commission
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129 Employee includes all persons who receive compensation as an employee of the city or a city
130 agency, and shall not include persons that are elected or appointed to serve as mayor, city
131 councilmember or a member of any city committee, commission or board, whether paid or unpaid.
132 Financial interest. A person has financial interest in a private enterprise if:
133 (1) He has a legal or equitable ownership interest in the enterprise of more than ten percent (one
134 percent or more in the case of a corporation the stock of which is regularly traded on an
135 established securities market);
136 (2) He is associated with the enterprise and received from the enterprise during the last calendar
137 year, or might reasonably be expected to receive from the enterprise during the current or the
138 next calendar year, income in excess of $5,000.00 for services as an employee, officer, director,
139 trustee, or independent contractor; or
140 (3) He is a creditor of a private enterprise in an amount equal to ten percent or more of the debt of
141 that enterprise (one percent or more in the case of a corporation the securities of which are
142 regularly traded on an established securities market).
143 Matter means an application, petition, request, business dealing, contract, subcontract, or any other
144 transaction of any sort with the city.
145 Official means any elected or appointed official of the city and all members of any committee,
146 commission or board appointed by the mayor of the city or appointed by the city council.
147 Official responsibility means any direct administrative or operating authority at any level, either
148 exercisable alone or with others, either personally or through subordinates, to approve, disapprove,
149 recommend or otherwise direct action on behalf of the city.
150 Personal or private interest means an interest in a matter which tends to impair the independent
151 judgment of an official or employee in the performance of his duties with respect to that matter.
152 Private enterprise means any activity conducted by any person, whether conducted for profit or not
153 for profit, and includes the ownership of real or personal property. The term "private enterprise" does
154 not include any activity of the city, of any political subdivision, or of any agency, authority, or
155 instrumentality thereof.
156 Public official. All elected and appointed officials and all employees of the city.
157 Sec. 30-5 – 30-19. – Reserved.
158 (Code 1981, § 2-9; Ord. of 7-13-1998)
159 ARTICLE II. – STANDARDS OF ETHICAL CONDUCT.
160 Sec. 30-20. – Established. High ethical standards among public officials and employees are
161 essential to gain and maintain the confidence of the people, because such confidence is essential to
162 the conduct of free government. Public officials and employees are agents of the people and hold
163 office for the benefit of the public. They are bound to observe in their official acts the highest
164 standards of morality and to discharge faithfully and impartially the duties of their offices,
165 regardless of personal considerations, recognizing that the public interest must be their primary
166 concern. Their conduct in both their official and private affairs should be above reproach. These
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167 standards of ethical conduct are adopted in order to secure this desired high level of public trust,
168 ensure the impartiality of public officials and employees, and impose standards of accountability.
169 (a) General responsibilities of officials and employees.
170 (1) Officials and employees have the common obligation of serving the public. In performing
171 their duties, they shall treat the public and each other with respect, concern, and
172 responsiveness, recognizing that their common goal of exceptional public service can only
173 be achieved by working together. Disputes that arise among public servants shall be
174 resolved at the lowest possible level; keeping in mind that public money spent on resolving
175 these disputes is money not spent on important public needs.
176 (2) Officials and employees shall treat their position as a public trust, with a fiduciary duty to
177 use the powers and resources of public office only to advance the public interest and not to
178 obtain personal benefits or pursue private interests.
179 (3) Officials and employees shall conduct themselves in a manner that justifies the confidence
180 placed in them by the people, at all times maintaining the integrity and discharging
181 ethically the high responsibilities of public service.
182 (4) Full disclosure of real or potential conflicts of interest shall be a guiding principle for
183 determining appropriate conduct. At all times, reasonable efforts shall be made to avoid
184 undue influence and abuse of office in public service.
185 (1)(5) No official or employee may request or receive, and no person may offer any money,
186 thing of value or promise thereof, other than any city pay received, that is conditioned
187 upon or given in exchange for promised performance of an official act.
188 [Moved from Sec. 30-34. – Established]
189 (a)(b) Appearance of violation. Each city employee and official shall endeavor to pursue a course
190 of conduct which will not raise suspicion among the public that he is engaging in acts which
191 are in violation of his public trust and which will not reflect unfavorably upon the city and its
192 government.
193 (c) Private interest; gifts. No city employee or official shall have any interest in any private
194 enterprise, nor shall be he incur any obligation of any nature which is in substantial conflict
195 with the proper performance of his duties in the public interest. No city employee or official
196 shall accept other employment, any compensation, gift, payment of expenses or any other thing
197 of monetary value under circumstances in which such acceptance may result in any of the
198 following:
199 (1) Impairment of independence of judgment in the exercise of official duties;
200 (2) An undertaking to give preferential treatment to any person;
201 (3) The making of a governmental decision outside official channels; or
202 (4) Any adverse effect on the confidence of the public in the integrity of the government of
203 the city.
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204 (d) Interest in private enterprise. No city employee or official shall acquire a financial interest in
205 any private enterprise which he has reason to believe may be directly involved in decisions to
206 be made by him in an official capacity on behalf of the city.
207
208 Sec. 30-33. -–
209 (e) Prohibitions relating to conflicts of interest. No councilman or other official or employee,
210 whether paid or unpaid, shall engage in any business or transaction or shall have a financial or
211 other personal interest, direct or indirect, which is incompatible with the proper discharge of his
212 official duties in the public interest or would tend to impair his independence of judgment or
213 action in the performance of his official duties. Personal as distinguished from financial interest
214 includes an interest arising from blood or marriage relationships or close business or political
215 association
216 Provided, that upon request from any person with official responsibility with respect to the
217 matter, any such person who has such a personal or private interest may nevertheless respond to
218 questions concerning any such matter.
219 (a1) Restrictions on exercise of official authority.
220 (1)a. Prohibited participation. No city employee or official may participate on behalf of
221 the city in the review or disposition of any matter pending before the city in which he has a
222 personal or private interest, provided that, upon request from any person with official
223 responsibility with respect to the matter, any such person who has such a personal or private
224 interest may nevertheless respond to questions concerning any such matter. A personal or
225 private interest in a matter is an interest which tends to impair a person's independence of
226 judgment in the performance of his duties with respect to that matter.
227 (2)b. Impairment of judgment. A person has an interest which tends to impair his
228 independence of judgment in the performance of his duties with respect to any matter when:
229 a.i. Any action or inaction with respect to the matter would result in a financial
230 benefit or detriment to accrue to the person or a close relative to a greater extent than
231 such benefit or detriment would accrue to others who are members of the same class
232 or group of persons; or
233 bii. The person or a close relative has a financial interest in a private enterprise
234 which enterprise or interest would be affected by any action or inaction on a matter to
235 a lesser or greater extent than like enterprises or other interests in the same enterprise.
236 (3)c. Statutory responsibility. In any case where a person has a statutory responsibility with
237 respect to action or inaction on any matter where he has a personal or private interest and there
238 is no provision for the delegation of such responsibility to another person, the person may
239 exercise responsibility with respect to such matter, provided that, promptly after becoming
240 aware of such conflict of interest, he files a written statement with the ethics commission, fully
241 disclosing the personal or private interest and explaining why it is not possible to delegate
242 responsibility for the matter to another person.
243 (b2) Restrictions on representing another's interest before the city.
244 (1)a. Prohibited. No city employee or official may represent or otherwise assist any private
245 enterprise with respect to any matter before the city.
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246 (2)b. Exception. This subsection (b) shall not preclude any city employee or official from
247 appearing before the city or otherwise assisting any private enterprise with respect to any
248 matter in the exercise of his official duties.
249 (c3) Restriction on contracting with the city.
250 (1)a. Prohibited. No city employee or official shall benefit from any contract with the city, nor
251 solicit any contract, and shall not enter into any contract with the city (other than an
252 employment contract).
253 (2)b. Ownership of enterprise. No private enterprise in which a city employee or official has a
254 legal or equitable ownership of more than ten percent (more than one percent in the case of a
255 corporation the stock of which is regularly traded on an established securities market) shall
256 enter into any contract with the city (other than an employment contract) unless such contract
257 was made or let after public notice and competitive bidding.
258 (df) Postemployment restrictions. No person who has served as a city employee or official shall
259 represent or otherwise assist any private enterprise on any matter involving the city, for a period of
260 two years after termination of his employment or elected or appointed status with the city, if he
261 gave an opinion, conducted an investigation or otherwise was directly and materially responsible for
262 such matter in the course of his official duties as a city employee or official, nor shall any former
263 city employee or official disclose confidential information gained by reason of his public position,
264 nor shall he otherwise use such information for personal gain or benefit.
265 (eg) Unauthorized disclosure of confidential information. No person shall disclose any information
266 required to be maintained confidential by the ethics commission under section 30-34(d)30-3(b), 30-
267 35(b)30-73 or 30-7330-74(b).
268 (fh) Abuse of office.
269 (1) Political contributions. No elected city official shall agree to sponsor legislation, or to
270 influence in any manner the formulation or passage of legislation, in exchange for political
271 contributions or promises thereof.
272 (2) Substantial interest. No elected city official shall vote for, or promote in any manner
273 whatsoever, legislation affecting any subject matter in which he has a substantial interest. Any
274 such interest shall be disclosed by said elected official prior to a vote on any such legislation,
275 and said elected official shall vote "abstain" when called upon to vote.
276 (3) Use of city property. No city official or employee shall request or permit the use of city-
277 owned vehicles, equipment, materials, or property for personal convenience or profit, except
278 when such services are available to the public generally or are provided for the use of such
279 official or employee in the conduct of official business as a matter of municipal policy.
280 (4) Personal gain. No city official or employee shall utilize the influence of his office or position
281 for personal pecuniary gain, or to avoid the legal consequences of his personal conduct.
282 (gi) Criminal sanctions.
283 (1) Penalties. Any person who knowingly or willfully violates any provision of this section shall
284 be guilty of a misdemeanor, punishable for each such violation by imprisonment of not more
285 than one year and by a fine as provided for in Appendix F—Fees and Fines.
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286 (2) Time limitations. A prosecution for a violation of this section shall be subject to the time
287 limitations of 11 Del. C. § 205.
288 (hj) Contracts voidable by court action. In addition to any other penalty provided by law, any contract
289 entered into by any city agency in violation of this chapter shall be voidable by the city agency;
290 provided that in determining whether any court action should be taken to void such a contract
291 pursuant to this subsection, the city agency shall consider the interests of innocent third parties who
292 may be damaged thereby. Any court action to void any transaction must be initiated within 30 days
293 after the city agency involved has, or should have, knowledge of such violation.
294 Sec. 30-34. - Established.
295 (a) Appearance of violation. Each city employee and official shall endeavor to pursue a course of
296 conduct which will not raise suspicion among the public that he is engaging in acts which are in
297 violation of his public trust and which will not reflect unfavorably upon the city and its government.
298 (b) Private interest; gifts. No city employee or official shall have any interest in any private
299 enterprise, nor shall be incur any obligation of any nature which is in substantial conflict with the
300 proper performance of his duties in the public interest. No city employee or official shall accept
301 other employment, any compensation, gift, payment of expenses or any other thing of monetary
302 value under circumstances in which such acceptance may result in any of the following:
303 (1) Impairment of independence of judgment in the exercise of official duties;
304 (2) An undertaking to give preferential treatment to any person;
305 (3) The making of a governmental decision outside official channels; or
306 (4) Any adverse effect on the confidence of the public in the integrity of the government of the city.
307 (c) Interest in private enterprise. No city employee or official shall acquire a financial interest in any
308 private enterprise which he has reason to believe may be directly involved in decisions to be made
309 by him in an official capacity on behalf of the city.
310 (d) Disclosure statement. Any city employee or official who has a financial interest in any private
311 enterprise which is subject to the regulatory jurisdiction of, or does business with, any city agency
312 (and any city official who has a financial interest in any private enterprise which is subject to the
313 regulatory jurisdiction of, or does business with, the city agency on which he serves as an
314 appointee) shall file with the ethics commission a written statement fully disclosing the same. Such
315 disclosure shall be confidential and the ethics commission shall not release such disclosed
316 information, except as may be necessary for the enforcement of this article. The filing of such
317 disclosure statement shall be a condition of commencing and continuing employment or appointed
318 status with the city. [Moved to Sec. 30-3 – Acknowledgment of policies…(b) Financial
319 disclosures]
320 (ek) Private gain. No city employee or official shall use his public office to secure unwarranted
321 privileges, private advancement or gain.
322 (fl) Confidential information; prohibited activity. No city employee or official shall engage in any
323 activity beyond the scope of his public position which might reasonably be expected to require or
324 induce him to disclose confidential information acquired by him by reason of his public position.
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325 (gm) Disclosure of information. No city employee or official shall, beyond the scope of his public
326 position, disclose confidential information gained by reason of his public position, nor shall he
327 otherwise use such information for personal gain or benefit.
328 (n) Ex Parte Communications. No official or employee shall encourage, make or accept any ex
329 parte or other unilateral application or communication that excludes the interests of other
330 parties in a matter under consideration when such application or communication is designed
331 to influence official decision or conduct of the official or other officials, employees or agencies
332 in order to obtain a more favored treatment or special consideration to advance the personal
333 or private interests of himself or herself or others. The purpose of this provision is to
334 guarantee that all interested parties to any matter shall have equal opportunity to express and
335 represent their interests.
336 Any written ex parte communication received by an official or employee in matters where
337 all interested parties should have equal opportunity for a hearing shall be made part of the
338 record by the recipient.
339 Any oral ex parte communication received under such conditions should be written down
340 in substance by the recipient and also made a part of the record.
341 A communication concerning only the status of a pending matter is not regarded as an ex
342 parte communication.
343 (ho) Sexual favors. No city employee or official, in the course of his public responsibilities, shall use
344 the granting of sexual favors as a condition, either explicit or implicit, for an individual's favorable
345 treatment by that person or a city agency.
346 (Code 1981, § 2-11; Ord. of 7-13-1998)
347 Sec. 30-21 – 30-29. – Reserved.
348 Sec. 30-35. - Waivers of restrictions and advisory opinions.
349 (a) Authority of ethics commission. Notwithstanding the provisions of sections 30-33 and 30-34, upon
350 the written request of any city agency or of any individual who is or was a city employee or city
351 official, the ethics commission may grant a waiver to the specific prohibitions contained therein if
352 the ethics commission determines that the literal application of such prohibition in a particular case
353 is not necessary to achieve the public purposes of this chapter or would result in an undue hardship
354 on any employee or official. Any such waiver may be granted only by written decision of the ethics
355 commission. Any person who acts in good faith reliance upon any such waiver decision shall not be
356 subject to discipline or other sanction hereunder with respect to the matters covered by the waiver
357 decision, provided there was a full disclosure to the ethics commission of all material facts
358 necessary for the waiver decision.
359 (b) Waiver information confidential; exceptions. Any application for a waiver, any proceeding and
360 any decision with respect thereto shall be maintained confidential by the ethics commission,
361 provided that:
362 (1) Applicant's request. Public disclosure shall be made by the ethics commission upon the
363 written request of the applicant;
364 (2) Violations. The ethics commission may make such public disclosure as it determines is
365 required in connection with the prosecution of any violation of this chapter;
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366 (3) Evidence of crime. The ethics commission shall report to appropriate federal, state and/or city
367 authorities substantial evidence of any criminal violation which may come to its attention; and
368 (4) Public record. In the event that a waiver is granted, the waiver decision and the record of all
369 proceedings relating thereto shall be open to public inspection.
370 (c) Advisory opinion authorized. Upon the written request of any city employee or official, the ethics
371 commission may issue an advisory opinion as to the applicability of this chapter to any particular
372 fact or situation. Any person who acts in good faith reliance upon any such advisory opinion shall
373 not be subject to discipline or other sanction hereunder with respect to the matters covered by the
374 advisory opinion, provided there was a full disclosure to the ethics commission of all material facts
375 necessary for the advisory opinion.
376 (d) Advisory opinion confidential; exceptions. Any application for an advisory opinion, any
377 proceeding and any decision with respect thereto shall be maintained confidential by the ethics
378 commission, provided that:
379 (1) Applicant's request. Public disclosure shall be made by the ethics commission upon the
380 written request of the applicant;
381 (2) Violations. The ethics commission may make such public disclosure as it determines is
382 required in connection with the prosecution of any violation of this article; and
383 (3) Evidence of crime. The ethics commission shall report to appropriate federal, state and/or city
384 authorities substantial evidence of any criminal violation which may come to its attention.
385 (Code 1981, § 2-12; Ord. of 7-13-1998)
386 Secs. 30-36—30-70. - Reserved.
387
388 ARTICLE III. - ETHICS COMMISSION
389
390 Sec. 30-71. - Established; composition; removal; terms of office; vacancies; chairperson; quorum;
391 compensation; legal counsel.
392
393 (a) Established; composition; removal. The city ethics commission is hereby established to administer
394 and implement this chapter. The ethics commission shall consist of five members appointed by the
395 mayor and confirmed by the city council. No member of the commission shall hold any elected or
396 appointed office under the government of the United States or the state, county, or city. Members of
397 the ethics commission may be removed by the mayor, with the concurrence of the city council, for
398 substantial neglect of duty, gross misconduct in office or a violation of this chapter.
399 (b) Terms of office; vacancies. A member of the ethics commission shall be appointed for a term of
400 office of five years and until his successor has been appointed and has qualified. The members shall
401 be appointed for staggered terms of office, and until their successors have been appointed. When a
402 vacancy occurs in the membership of the ethics commission, it shall be filled by appointment for the
403 unexpired portion of the term in the same manner as the original appointment.
404 (c) Chairperson; quorum. The ethics commission shall elect a chairperson from among its
405 membership. Three members of the ethics commission shall constitute a quorum and, if a quorum is
406 present, a vacancy on the ethics commission shall not impair the right of the remaining members to
407 exercise all the powers of the ethics commission. Disciplinary hearings may be conducted and
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408 sanctions may be imposed only by the affirmative action of at least three members; otherwise, the
409 ethics commission may delegate authority to the chairperson to act for the ethics commission
410 between meetings.
411 (d) Compensation. Members of the ethics commission shall receive no compensation.
412 (e) Legal counsel. The city solicitor shall provide legal counsel to the ethics commission and shall be
413 the legal representative of the ethics commission in connection with its duties hereunder, on a case-
414 by-case basis, or determine that outside counsel is needed and obtain such outside counsel for a
415 particular matter.
416 (Code 1981, § 2-13; Ord. of 7-13-1998; Ord. No. 2010-23, 8-23-2010)
417 Sec. 30-72. - Powers and duties.
418 (a) The powers and duties of the ethics commission shall be:
419 (1) Rules of conductStandards of ethical conduct. To recommend to the mayor and council, from
420 time to time, such rules of conduct for public employees and officials as it shall deem
421 appropriate.
422 (2) Advisory opinions. To issue written advisory opinions, upon the request of any city employee
423 or official, as to the applicability of this chapter to any particular factual situation.
424 (3) Referrals to solicitor. To refer to the city solicitor for investigation any alleged violation of
425 this chapter and, after notice and hearing, to recommend such disciplinary action as it may
426 deem appropriate to such appropriate official or agency as the ethics commission shall
427 determine, or to take such other disciplinary action as authorized by section 30-73(dp) or other
428 provisions of the city Charter or this Code. The ethics commission may dismiss, without
429 reference to the city solicitor, any complaint which the ethics commission determines is
430 frivolous or fails to state a violation.
431 (4) Report of crimes. To report to the appropriate federal, state or city authorities any substantial
432 evidence of a violation of any criminal law which may come to its attention in connection with
433 any proceeding, whether advisory or disciplinary.
434 (5) Records. To maintain a file of its proceedings, waiver decisions and advisory opinions with a
435 view toward achieving consistency of opinions and recommendations subject to the
436 confidentiality requirements of sections 30-3574(d) and 30-73(ht).
437 (6) Procedures. To follow the procedural rules specified in section 30-73 and to establish such
438 other procedural rules as shall be consistent with the rules prescribed therein.
439 (7) Witnesses, evidence. To subpoena witnesses, compel their attendance and testimony,
440 administer oaths and affirmations, take evidence and require, by subpoena, the production of
441 books, papers, records or other evidence needed for the performance of the ethics commission's
442 duties or exercise of its powers.
443 (8) Assistance to city personnel. To provide assistance to any city employee, official or agency in
444 administering the provisions of this chapter.
445 (9) Provide information. To prepare any necessary reports and studies to advance the purpose of
446 this chapter, to provide any necessary materials explaining the duties of individuals covered by
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447 this chapter, and to supply instructions and public information materials to facilitate
448 compliance with, and enforcement of, this chapter.
449 (10) Request city agencies for assistance. To request appropriate city agencies to provide such
450 professional assistance as it may require in the discharge of its duties.
451 (Code 1981, § 2-14; Ord. of 7-13-1998)
452 Sec. 30-73. -– Rules of procedure; Ccomplaints; hearings; dispositions.
453 (a) (a) Any person, either personally or on behalf of an organization or governmental body,
454 may file a sworn complaint for the ethics commission with the city clerk. The complaint
455 must be in writing, be signed, and show the address of the person who submitted it. The
456 complaint must state that, to the best of the person's knowledge, information, and belief
457 formed after reasonable reflection, the information in the complaint is true. The
458 complaint must describe the facts that constitute the violation of the standards of ethical
459 conduct in sufficient detail so that the ethics commission and the person who is the
460 subject of the complaint can reasonably be expected to understand the nature of any
461 offense that is being alleged. The commission may request any additional information
462 deemed necessary to screen the complaint or to render a decision. No complaints shall be
463 accepted or considered which relate to actions that took place more than one (1) year
464 prior to the date of filing. The individual filing the sworn complaint has sixty (60) days
465 from the date that the issue is brought to his or her attention to file a complaint.
466 (b) After the sworn complaint has been filed, none of the parties or their representatives may
467 communicate on an ex parte basis with any commission members pertaining to the
468 complaint. All communications pertaining to the complaint shall be submitted to the city
469 clerk.
470 (c) Within seven (7) days of receiving a sworn complaint the city clerk shall send copies of the
471 complaint to each member of the ethics commission, the city solicitor, and the official or
472 officials against whom such complaint has been filed. Hereinafter, the complaining party
473 shall be referred to as the "complainant" and the official against whom a complaint has
474 been lodged shall be referred to as the "respondent."
475 (d) The commission recognizes that distribution to the public of a sworn complaint prior to
476 screening by the commission as required below could harm the reputation of an innocent
477 person and is contrary to the public interest; therefore, the public release of the
478 complaint is prohibited until the screening process has been completed. The commission
479 shall consult in confidence to screen the complaint within fourteen (14) days of receiving
480 the complaint. The commission may immediately dismiss a complaint if:
481 (1) It has no jurisdiction; or
482 (2) The alleged violation, if true, would not constitute a violation of the standards of
483 ethical conduct; or
484 (3) The alleged violation is a minor or de minimis violation; or
485 (4) The complaint is, on its face, frivolous, groundless, or brought for purposes of
486 harassment; or
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487 (5) The matter has become moot because the person who is the subject of the complaint
488 is no longer an officer, official or employee; or
489 (6) The respondent had obtained an advisory opinion under section 30-74(c) permitting
490 the conduct; or
491 (7) The appointing authority of the respondent has already taken action as a result of
492 finding a violation and the commission believes the action was appropriate.
493 (e) In issues regarding standards of ethical conduct violations, the enforcement process is
494 intended to be corrective rather than remedial unless the violation is a repeated offense.
495 In the event the ethics commission determines a standards of ethical conduct violation
496 has occurred, and it is minor in nature, with the concurrence of the complainant and the
497 subject of the sworn complaint, the commission may dispense with the hearing process
498 and conduct a more informal mediation process in lieu of a hearing.
499 (a)
500 (f) If the sworn complaint is not dismissed or otherwise resolved pursuant to subsection 30-
501 73(d), the city clerk shall promptly contact the members of the ethics commission, the city
502 solicitor, the complainant, and the respondent in order to ascertain a date and time when
503 a hearing can be convened on such complaint. As soon as a date and time have been
504 agreed upon for a hearing before the ethics commission, the city clerk shall send written
505 notice of such scheduling and a copy of the rules of procedure to the complainant and to
506 the respondent. No copies of the complaint shall be provided to any other parties before
507 the respondent receives the complaint.Investigation of violations. Upon the sworn complaint
508 of any person or on its own initiative, the ethics commission may refer to the city solicitor for
509 investigation, any alleged violation of the conflict of interest provisions and of the code of
510 conduct provisions in sections 30-33 and 30-34, respectively. The city solicitor shall be the
511 prosecuting attorney in all disciplinary proceedings before the ethics commission. In any such
512 investigation or proceeding, a defendant shall be given an opportunity to be heard after notice,
513 to be advised and assisted by legal counsel, to produce witnesses and offer evidence, and to
514 cross examine witnesses. A transcript of any such proceeding shall be made and retained,
515 subject to the confidentiality requirements of this chapter.
516 (g) The commission may dismiss a complaint if the complainant does not appear at the hearing
517 and if, in the opinion of the commission, it would be unfair to the respondent not to have
518 the opportunity to examine the complainant.
519 (h) As promptly as possible after the close of the hearing, the commission shall deliberate to
520 determine if the allegations have been proven by clear and convincing evidence. Only
521 ethics commission members who have been present for the hearing may participate in the
522 deliberations, and any findings and recommendations must be adopted by a majority of
523 the commission. The commission may consider, when making findings and
524 recommendations, the severity of the offense, the presence or absence of any intention to
525 conceal, deceive, or mislead, whether the violation was deliberate, negligent or
526 inadvertent, and whether the incident was isolated or part of a pattern.
527 (i) Within seven days of the conclusion of deliberations, the commission shall issue an order
528 setting forth its findings and recommendations. In the alternative, the commission where
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529 it deems it appropriate, may issue an advisory opinion in lieu of making findings and
530 recommendations.
531 (j) If the respondent is an employee, the commission may, if it determines corrective action is
532 necessary, notify the city manager or the council president and recommend that action be
533 taken, including discipline.
534 (b)(k) If the respondent is a city official, the commission may propose actions to the city
535 council that are appropriate to the finding as specified in section 30-73(p).
536 (c)(l) The commission shall send a written copy of its findings and recommendations to
537 the respondent and the complainant.
538 (m)Proceeding relating to member. A member of the ethics commission shall be ineligible to
539 participate, as a member of the ethics commission, in any ethics commission proceeding
540 relating to his conduct. A member of the ethics commission who has been found by the ethics
541 commission to have violated this chapter shall be ineligible to serve again as a member of the
542 ethics commission.
543 (d)(n) Self-disqualification. A member of the ethics commission may disqualify himself from
544 participating in any investigation of the conduct of any person upon submission, in writing and
545 under oath, of an affidavit or disqualification stating that he cannot render an impartial and
546 unbiased decision in the case in which he seeks to disqualify himself.
547 (e)(o) Actions by ethics commission. With respect to any violation with which a person has been
548 charged and which the ethics commission has determined as proved, the ethics commission
549 may take any one or more of the following actions:
550 (1) Reprimand. Issue a written reprimand or censure of that person's conduct.
551 (2) Discipline. With respect to a city employee, remove, suspend, demote or take other
552 appropriate disciplinary action with respect to that person, without regard to any limits
553 imposed by this chapter, but within the limits of the constitution, the laws of the state, the
554 Charter of the city, and ordinances and existing collective bargaining agreements.
555 (3) Recommend removal. With respect to an appointed official, recommend that appropriate
556 action be taken to remove the official from the appointed position.
557 (4) Recommend fine. With respect to an elected city official, recommend that such official be
558 fined in an amount recommended by the ethics commission.
559 (f)(p) Rights of person charged. In any proceeding before the ethics commission, upon the
560 request of any person charged with a violation of this chapter, such person shall be permitted to
561 inspect, copy or photograph books, papers, documents, photographs or other tangible objects
562 which will be used as evidence against that person in a disciplinary hearing and which are
563 material to the preparation of his defense.
564 (g)(q) Exculpatory information. In any proceeding before the ethics commission, if the city
565 solicitor or ethics commission at any time receives any exculpatory information concerning an
566 alleged violation against any person, it shall forthwith make such information available to such
567 person.
568 (h)(r) Subpoenas. Any person charged with a violation of this chapter may apply to the ethics
569 commission for the issuance of subpoenas for the appearance of witnesses and for the
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570 production of documents on his behalf. The application shall be granted upon a concise
571 showing by such person that the proposed testimony or evidence is relevant (or is reasonably
572 calculated to lead to the discovery of relevant evidence) and is not otherwise available. The
573 application shall be denied if not made at a reasonable time or if the testimony or evidence
574 would be merely cumulative.
575 (i)(s) Confidentiality of proceedings.
576 (1) City employee. All proceedings before the ethics commission relating to a
577 violation of this chapter by a city employee shall be maintained confidential by
578 the ethics commission, unless:
579 a. Public disclosure is requested, in writing, by the person charged; or
580 b. The ethics commission determines after a hearing that a violation has
581 occurred.
582 (2) City official. All proceedings before the ethics commission relating to a violation
583 of this chapter by a city official, appointed or elected, shall be maintained
584 confidential by the ethics commission, unless:
585 c.a. Public disclosure is requested, in writing, by the person charged; or
586 d.b. The ethics commission determines after a hearing that a violation has
587 occurred.
588 (j)(t) Appeals; public inspection. Notwithstanding the confidentiality requirements of
589 subsections (ht)(1) and (2) of this section, the ethics commission shall make available for
590 public inspection the record of all proceedings relating to any decision of the ethics
591 commission which is appealed to the superior court and the ethics commission shall report to
592 appropriate federal, state and/or city authorities any substantial evidence of a violation of any
593 criminal law which comes to its attention in connection with any proceeding under this chapter.
594 (u) Confidentiality procedures. The chairperson of the ethics commission shall, with the approval of
595 the ethics commission, establish such procedures as, in the chairperson's judgment, may be
596 necessary to prevent the disclosure of any record of any proceedings or other information
597 received by the ethics commission, except as permitted by this chapter.
598 Sec. 30-3574. - Waivers of restrictions and advisory opinions.
599 (a) Authority of ethics commission. Notwithstanding the provisions of sections 30-3320 and 30-
600 34, upon the written request of any city agency or of any individual who is or was a city
601 employee or city official, the ethics commission may grant a waiver to the specific prohibitions
602 contained therein if the ethics commission determines that the literal application of such
603 prohibition in a particular case is not necessary to achieve the public purposes of this chapter
604 or would result in an undue hardship on any employee or official. Any such waiver may be
605 granted only by written decision of the ethics commission. Any person who acts in good faith
606 reliance upon any such waiver decision shall not be subject to discipline or other sanction
607 hereunder with respect to the matters covered by the waiver decision, provided there was a
608 full disclosure to the ethics commission of all material facts necessary for the waiver decision.
609 (b) Waiver information confidential; exceptions. Any application for a waiver, any proceeding
610 and any decision with respect thereto shall be maintained confidential by the ethics
611 commission, provided that:
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612 (1) Applicant's request. Public disclosure shall be made by the ethics commission upon the
613 written request of the applicant;
614 (2) Violations. The ethics commission may make such public disclosure as it determines is
615 required in connection with the prosecution of any violation of this chapter;
616 (3) Evidence of crime. The ethics commission shall report to appropriate federal, state
617 and/or city authorities substantial evidence of any criminal violation which may come to
618 its attention; and
619 (4) Public record. In the event that a waiver is granted, the waiver decision and the record of
620 all proceedings relating thereto shall be open to public inspection.
621 (c) Advisory opinion authorized. Upon the written request of any city employee or official, the
622 ethics commission may issue an advisory opinion as to the applicability of this chapter to any
623 particular fact or situation. Any person who acts in good faith reliance upon any such
624 advisory opinion shall not be subject to discipline or other sanction hereunder with respect to
625 the matters covered by the advisory opinion, provided there was a full disclosure to the ethics
626 commission of all material facts necessary for the advisory opinion.
627 (d) Advisory opinion confidential; exceptions. Any application for an advisory opinion, any
628 proceeding and any decision with respect thereto shall be maintained confidential by the
629 ethics commission, provided that:
630 (1) Applicant's request. Public disclosure shall be made by the ethics commission upon the
631 written request of the applicant;
632 (2) Violations. The ethics commission may make such public disclosure as it determines is
633 required in connection with the prosecution of any violation of this article; and
634 (3) Evidence of crime. The ethics commission shall report to appropriate federal, state
635 and/or city authorities substantial evidence of any criminal violation which may come to
636 its attention.
637 (Code 1981, § 2-12; Ord. of 7-13-1998)
638 Sec. 30-7475. - Judicial review.
639 In the event that the ethics commission finds that any person has violated any provision of this
640 chapter, said person shall have a right of appeal to the superior court of any such finding, and of any
641 sanctions imposed with respect thereto, by filing a notice of appeal with the superior court within 30
642 days of the final action by the ethics commission in a particular case. The appeal shall be on the record
643 without a trial de novo. If the court determines that the record is insufficient for its review, it shall
644 remand the case to the ethics commission for further proceedings on the record. The court's review, in
645 the absence of actual fraud, shall be limited to a determination of whether the ethics commission's
646 decision was supported by substantial evidence on the record. The burden of proof in any such appeal
647 shall be on the appellant.
648 (Code 1981, § 2-15.1; Ord. of 7-13-1998)
649 BE IT FURTHER ORDAINED:
650
651 That Appendix F, Fees and Fines, of the Dover Code be amended by deleting the text indicated in red
652 strikeout and inserting the blue text, as follows:
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653
Chapter 30. Code ofStandards of Ethical Conduct and Ethics
Fees and Fines
Commission
Article II. CodeStandards of Ethical Conduct
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall
be automatically doubled in amount.
Sec. 30-3320. Prohibitions relating to conflicts of interest
Subsec. (g)(1e) Criminal sanctions, penalties Not to exceed $1,000.00
654
655
656 ADOPTED: *
657
658 SYNOPSIS
659 This amendment adds required financial disclosure reports, acknowledgment of receipt of
660 policies, and required ethics training. It also makes organization changes to Chapter 30.
661 (SPONSORS: LINDELL, POLCE, AND SLAVIN)
662
663 ADOPTED: *
664 S:\ORDINANCES\2017\DRAFT\ORDINANCE #2017-14 CH 30 CODE OF CONDUCT AND ETHICS COMMISSION\Ordinance #2017-14 - Chapter 30-Code of Conduct and Ethics Commission - Revised
665 for 10-24-2017 CCW-LF&A Review.wpd.doc
666
667 Actions History:
668 11/13/2017 – Scheduled for First Reading – City Council
669 10/24/2017 – Considered by Council Committee of the Whole/Legislative, Finance and Administration
670 Committee
671 10/10/2017 – Deferred by Council Committee of the Whole/Legislative, Finance and Administration
672 Committee
673
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1. Definitions for Section 1:
“Fair market value” means, if a security, the quoted price as of January 1 of the year in
which the report is filed, or, if not a security, the price at which the public officer would sell as of
January 1 of the year in which the report is filed. 29 Del. C. § 5812(g).
“Instrument of ownership” includes, but is not limited to common or preferred stock,
rights, warrants, articles of partnership, proprietary interest, deeds, and debt instruments, if
convertible to equity instruments. 29 Del. C. § 5812(k).
“Business Enterprise” means corporation, partnership, sole proprietorship or any other
individual or organization carrying on a business or profession. 29 Del. C. § 5812(a).
“Position of management” means officer, director, partner, proprietor, or other managerial
position in a business enterprise. 29 Del. C. § 5812(l).
“Professional organization” means an individual engaged in, or an association organized
pursuant to, federal or State law for the practice of medicine, law, accounting, engineering, or
other profession. 29 Del. C. § 5812(m).
“Constructively controlled” means:
(a) a financial interest in the name of another which is controlled by a public officer by
virtue of any relationship of the public officer to another person which directly
benefits the public officer;
(b) any financial interest of a public officer held jointly with the spouse or child of such
public officer;
(c) any financial interest of the spouse or minor child of a public officer. 29 Del. C. §
5812 (d).
“Time or demand deposits” means checking and savings accounts in banks or deposits or
share in savings and loan institutions, credit unions, or money market funds. 29 Del. C. §
5812(p).
“Debt Instrument” means bonds, notes, debentures, mortgages, or other securities having a
fixed yield if not convertible to equity instruments. 29 Del. C. § 5812(e).
“Equity instrument” means any ownership interest in a corporation or other legal entity
giving the rights to the holder upon liquidation of the entity. 29 Del. C. § 5812(f).
2. Definitions of terms in the remaining sections are in those sections.
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FINANCIAL DISCLOSURE REPORT
(29 Del. C., Chapter 58, Subchapter II)
NAME:
BUSINESS ADDRESS:
STATE POSITION:
Section 1. (See instruction sheet for definitions of underlined terms). Report any legal or equitable ownership
in excess of $5,000 fair market value or from which income of more than $5,000 was either derived during the
preceding calendar year or might reasonably be expected to be derived during the current calendar year, in the
following:
(A) Instruments of Ownership: (This includes retirement accounts, 401K, IRA, etc. Do not include dollar
amounts. List name of company, instrument and nature of ownership, e.g., Fidelity, mutual fund, shareholder;
IBM, stock, shareholder).
(B) Business Enterprise: (This includes corporations, sole proprietorships, and partnerships. List name, type of
ownership & any position of management, e.g., JW Foods, partnership, director)
(C) Professional Organization: (This includes, but is not limited to, law firms, accounting firms, engineering firms.
List the name, address, type of professional practice (do not identify individual clients), & any position of
management, e.g., ABC Law Firm, 123 Public Rd., Dover, DE, legal services, partner)
(D) Any of the preceding which are constructively controlled. (e.g., ABC Mutual funds, trustee for minor child).
DO NOT LIST: Time or demand deposits (includes checking or savings accounts) or a debt instrument (CDs)
with a fixed yield unless convertible to an equity instrument.
Section 2. List each creditor to whom you were indebted for 90 or more consecutive days during the preceding
calendar year in an aggregate amount in excess of $1,000. Do not list the amount owed.
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Section 3. If any of the following were received during the preceding calendar year, or reasonably expected to be
received during the current calendar year, list the source.
A. Any income (including income from the State) for services rendered exceeding $1,000 from a single
source, unless reported in Section 1. (“Income for services rendered” includes salary, wages, consulting
fees and professional services.)
B. Any capital gain exceeding $1,000 from a single source other than the sale of a residence occupied by
the public officer. (“Capital gain” means gains that are reported under Internal Revenue Services laws.)
C. Any reimbursement for expenditures exceeding $1,000 from a single source; (“Reimbursement for
expenditures” means payments to a public officer for expenses incurred by the public officer.)
D. Any honoraria; (“Honoraria” means fees received for speeches, written articles, and participating in
discussion groups and similar activities. It does not include reimbursement for expenses.)
E. Any gift with a value in excess of $250 from any person. Identify the amount of each gift.(“Gift” means:
payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of
value unless consideration of equal or greater value is received. “Gift” is not: (1) political contributions
otherwise reported as required by law; (2) commercially reasonable loans made in the ordinary course of
business; or (3) gifts from: spouse; relatives of the public officer or public officer’s spouse within the 3rd
degree of consanguinity; or the spouse of any such relative.)
F. ELECTED OFFICIAL DISCLOSURE FORM INPUT
Disclose the name and address of every non-profit organization, civic association, community
association, foundation, maintenance organization, or trade group incorporated in the State or having
activities in the State, or both, of which you are a council member or board member.
TYPE: NAME: ADDRESS:
Section 4. Data in this report is provided as of ______________________________________.
(Date)
I HEREBY CERTIFY that I have read the foregoing
report, and that, to the best of my knowledge and
belief, it is true, correct, and complete. I further
certify that I have not and will not hereafter transfer
any assets, interests or property while retaining an
equitable interest therein for the purpose of concealing
said assets, interests or property from disclosure.
____________________________________
Public Officer Signature
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FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2017-15
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 34 - Elections, Article III – Absentee Voting of the Dover Code be amended by inserting
5 the text indicated in blue font and deleting the text indicated in red strikeout as follows:
6
7 ARTICLE III. - ABSENTEE VOTING[3]
8
9 Footnotes: --- (3) ---
10 State Law reference— Absentee voting generally, 15 Del. C. §§ 5501—5526.
11
12 Sec. 34-61. - Purpose.
13 The intention of this article is that only ato provide qualified voters of the city may vote under the
14 provisions of this article, who may be absentwho are unable to appear at the polling place of their
15 district to cast their ballot on the day of an election from the city,with the ability to cast an absentee
16 ballot. because of service in the armed forces of the United States or in the public service of this state or
17 of the United States, or because of his business or occupation, or because of personal sickness or
18 disability, or because of the tenets or teachings of his religion so that he cannot appear at the polling
19 place on the day of any election.
20 (Code 1981, § 2-41; Ord. of 2-11-1985)
21 State Law reference— Similar provisions, 15 Del. C. § 5501.
22
23 Sec. 34-62. - Persons eligible to vote by absentee ballot.
24 Any qualified elector, duly registered, of this city may cast histheir vote by absentee ballot in any
25 regular municipal election or special municipal election if the elector is unable to appear at the polling
26 place of histheir election district due to the following reasons:set forth in 15 Del. C. § 5502 Persons
27 eligible to vote by absentee ballot.
28 (1) Public service. Because such person is in the public service of the United States or of this state,
29 or is a citizen of the United States and temporarily residing outside the territorial limits of the
30 United States and the District of Columbia, or such person's spouse or dependents when residing
31 with or accompanying him, or is absent from this state because of illness or injury received while
32 serving in the armed forces of the United States;
33 (2) Armed forces, etc. Because such person is in the armed forces of the United States or the
34 merchant marines of the United States, or attached to and serving with the armed forces of the
35 United States in the American Red Cross or United Service Organizations;
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Proposed Ordinance #2017-15 - Chapter 34–Elections, Article III–Absentee Voting Page | 2
36 (3) Business. Because of the nature of such person's business or occupation;
37 (4) Sick; disabled. Because such person is sick or physically disabled;
38 (5) Vacation. Because such person is absent from the district while on vacation; or
39 (6) Religion. Because such person is unable to vote at a certain time or on a certain day due to the
40 tenets or teachings of his religion.
41 (Code 1981, § 2-42; Ord. of 2-11-1985)
42 State Law reference— Similar provisions, 15 Del. C. § 5502.
43 Sec. 34-63. - Request for ballot; Affidavitsstatements required of persons applying for absentee
44 ballots.
45 Any voter who is qualified under 15 Del. C. § 5502 - Persons eligible to vote by absentee ballot, and
46 who desiringdesires to receive an absentee ballot because such voter qualifies under any of the reasons
47 set forth in section 34-62 shall file an affidavit may request one by filing a statement with the city
48 clerk's office, subscribed and sworn to by the voter before authorized by law to administer., no later
49 than 12:00 noon the day before the election.
50 (Code 1981, § 2-44; Ord. of 2-11-1985; Ord. of 11-26-1990, § 3)
51 State Law reference— Similar provisions, 15 Del. C. § 5503.
52 Sec. 34-64. - Request for ballot.
53 Any voter who is qualified under section 34-62 to vote by absentee ballot and who desires to do so shall,
54 not later than the close of business of the last working day prior to any such election, request from the
55 election official an official ballot to be voted at such election.
56 (Code 1981, § 2-44; Ord. of 2-11-1985; Ord. of 11-26-1990, § 3)
57
58 Sec. 34-654. - Distribution of ballots, envelopes and instructions.
59 Upon receipt of a requeststatement from a voter, together with an affidavit if required by section 34-63,
60 the election officialcity clerk’s office, not more than 60, nor less than threefour days prior to the regular
61 or special election and within three days after the absentee ballots, envelopes and instructions for
62 absentee voters completing and returning an absentee ballot become available, shall mail to the voter,
63 postage prepaid, an official ballot, enclosed in an official envelope, along with a voucher envelope
64 marked "voucher envelope," a copy of the instructions to the absentee voterfor completing and
65 returning an absentee ballot and a mailing envelope marked "mailing envelope." Nothing contained in
66 this section shall prevent the issuance of an absentee ballot to those lawfully entitled thereto prior to
67 12:00 noon on the day prior to any generalregular or special election when the request is made less than
68 threefour days prior to the generalregular or special election.
69 (Code 1981, § 2-45; Ord. of 2-11-1985; Ord. of 11-26-1990)
70 State Law reference— Similar provisions, 15 Del. C. § 55054.
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Proposed Ordinance #2017-15 - Chapter 34–Elections, Article III–Absentee Voting Page | 3
71
72 ADOPTED: *
73 SYNOPSIS
74 The amendments revise the requirements to request an absentee ballot to comply with recently amended
75 State law. This amendment becomes effective January 1, 2018.
76 (SPONSORS: ANDERSON AND LINDELL)
77
78 Actions History:
79 11/14/2017 - Scheduled for First Reading – City Council
80 10/23/2017 - Introduction - Council Committee of the Whole/Legislative, Finance, and
81 Administration Committee
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SPONSOR: Rep. Yearick & Rep. K. Williams & Sen. Bushweller &
Sen. Pettyjohn
Reps. Baumbach, Bentz, Dukes, Heffernan, Kowalko,
Miro, Outten, Paradee, D. Short; Sens. Ennis, Henry,
McDowell, Simpson, Walsh
HOUSE OF REPRESENTATIVES
149th GENERAL ASSEMBLY
HOUSE BILL NO. 47
AS AMENDED BY
HOUSE AMENDMENT NO. 1
AND
HOUSE AMENDMENT NO. 2
AND
SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ABSENTEE VOTING.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 5503, Title 15 of the Delaware Code by making deletions as shown by strikethrough and
insertions as shown by underline as follows and redesignating accordingly:
§ 5503. Request for ballot; affidavits statements for absentee ballots; delivery of absentee ballots.
(a) An elector desiring to vote by absentee ballot in an election for which the elector is a qualified elector may
request an absentee ballot from the Department by filing a hand written or electronically prepared affidavit statement with
the department no later than 12:00 noon the day before the election.
(b) An affidavit A statement may be filed pursuant to this section by mailing it, delivering it, or causing it to be
delivered to the Department.
(d) Affidavits Statements filed pursuant to this section shall:
(1) Indicate the election or elections for which the elector is requesting an absentee ballot;
(2) Include at least the following information:
a. The elector's name;
b. The address of the elector's domicile in the State;
c. The address to which the elector requests that the absentee ballot be mailed;
d. The elector's date of birth;
e. The elector's social security number (optional);
f. The elector's political party affiliation;
g. The elector's expected location on election day;
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h. The reason that the elector cannot appear at the regular polling place for the elector's election district
on the day of the election, which shall identify at least 1 of the reasons set forth in § 5502 of this title;
i. A telephone number, if available, to assist in resolving any challenge;
j. An e-mail address, if available, to assist in resolving any challenge; and
k. The elector's signature;
(3) Be subscribed and sworn to by the elector, before an officer authorized by law to administer oaths
affirming that under penalty of perjury, the information on the affidavit is correct and true except that the affidavit for a
person voting in person at the Department shall not be notarized but shall be accepted upon the voter presenting a form
of ID acceptable by a notary;
(4) Be dated during the calendar year in which the election is to be held, provided that when a presidential
primary election is scheduled and the date of the presidential primary election is less than 90 days before January 1 in
the year in which a President of the United States is to be elected, the affidavit statement shall not be dated more than
90 days before the day of the presidential primary election, and further provided that, for special elections conducted
pursuant to Chapter 71 of this title, the affidavit statement may be dated as of any date after a writ of election has
issued; and
(5) Be promulgated by the State Election Commissioner, in consultation with the Department, and personally
approved by the Attorney General of the State; provided however, that the Federal Post Card Application or its
successor as promulgated by the Federal Voting Assistance Program or its successor shall also be considered an
affidavit statement as used in this chapter.
(e) Notwithstanding any other provision of this section to the contrary, the affidavit of any elector desiring to
receive an absentee ballot because the person qualifies under any of the reasons set forth in § 5502(1), (2), (4) or (7) of this
title or because a person's business or occupation is providing care to his or her parent, spouse, or child who is living at
home and requires constant care due to illness, disability, or injury, may be self-administered.
(f)(1) If the elector does not indicate the election or elections for which the elector is requesting an absentee ballot,
it shall be presumed that the affidavit statement for the next scheduled election in which the elector is eligible to vote;
provided however, that an affidavit statement on which the person indicates that the reason the person is requesting to vote
by absentee ballot is that the person is temporarily or permanently physically disabled or that the person qualifies under any
of the reasons set forth in § 5502(1), (2), (4) or (7) of this title shall be presumed to be for all elections in a calendar year
unless otherwise indicated on the affidavit statement.
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(2) If the Department is unable to determine the election and/or elections for which a person is requesting an
absentee ballot, it shall attempt to contact the person in order to determine the person's intent; provided however, that if
time is of the essence and the Department is unable to contact the elector, the Department's county director and deputy
county director in the county where such person has requested an absentee ballot shall confer and determine the proper
course of action.
(g) Affidavits Statements filed pursuant to this section on which the elector's domicile is different than the address
at which the person is registered to vote within the State shall be used to transfer the person's registration.
(h) Affidavits Statements filed pursuant to this section on which an elector indicates that the elector has legally
changed the elector's name shall be taken as authorization to transfer the elector's previous registration information,
including the elector's voting record to the new name. The Department shall then use the affidavit statement to make the
change on the Department's records.
(i) Affidavits Statements filed pursuant to this section on which a person indicates a change in political party
affiliation received during a period in which changes in political party affiliation are closed shall be used to change the
person's political party affiliation when the period for changing political party affiliation re-opens.
(j) The Department may adopt a printed or electronic affidavit statement form (or both), containing blanks
associated with each item required by this section to be listed on an affidavit a statement, which may be completed by any
elector wishing to receive an absentee ballot pursuant to this section. An elector may submit a written or electronic request
to the Department for the Department-prepared affidavit statement form, which the Department shall forward to the elector
upon receipt of a request therefor.
Section 2. Amend § 5504, Title 15 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 5504. Distribution of ballots, envelopes, and instructions; envelope specifications; pre-paid postage.
(a) Upon receipt of an affidavit a statement from an elector pursuant to § 5503 of this title, the Department shall
process the same and confirm that the elector qualifies for an absentee ballot pursuant to 5502 of this title.
Section 3. Amend § 5505, Title 15 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 5505. Requirements for ballot envelope; numbering and coding; voter identification label; affidavit statement of
eligibility.
Section 4. Amend § 5507, Title 15 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
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§ 5507. Voting procedure; execution of affidavit statement; return of ballot.
Section 5. Amend § 5510, Title 15 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 5510. Counting procedure for absentee ballots.
(4) If no challenge has been made, the absentee judges shall:
a. Open the ballot envelopes in such a manner as not to deface or destroy the self-administered affidavit
statement thereon or the absentee ballot enclosed;
Section 6. Amend § 5513, Title 15 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 5513. Challenges.
(b) In addition, the vote of an absentee voter may be challenged:
(1) On the ground that the affidavit statement filed by the voter in compliance with § 5503 of this title is false;
or
(2) On the ground that the self-administered affidavit statement in the center of the face of the ballot envelope
is not signed.
Section 7. Amend § 5514, Title 15 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 5514. Rejected ballots.
(a) No vote shall be accepted or counted if:
(1) The affidavit statement of the absentee voter that appears on the front of the ballot envelope is found to
have been altered or is not signed; or
Section 8. Amend § 5517, Title 15 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
§ 5517. File of absentee voters.
(a) The Department shall maintain records providing for the prevention of fraud and to make possible the tracing
and detection of any attempt to do so. Such records shall include, but shall not be limited to, the following entries:
(4) The date the affidavit statement is received by the Department;
Section 9. Amend § 5518, Title 15 of the Delaware Code by making deletions as shown by strike through and
insertions as shown by underline as follows:
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§ 5518. Members of the armed forces and certain other electors; 1 absentee request to cover all elections; federal
post card application (FPCA); electronic transmission of balloting materials.
(b) The receipt of a federal post card application from any person eligible to use the FPCA for an absentee ballot
who is not registered to vote in Delaware but is eligible to register to vote in Delaware shall serve as an application to
register to vote as well as a request and affidavit statement for an absentee ballot.
Section 2. This Act takes effect on January 1, 2018.
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