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ANNUAL COUNCIL MEETING
Corrected June 3, 2020
The Annual Council Meeting was held on May 13, 2019 at 7:30 p.m. with Mayor Christiansen
presiding. Council members present were Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, Mr. Hare,
Mr. Lindell and Mr. Slavin. Mr. Anderson was absent.
Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fire
Chief Rhodes, City Solicitor Rodriguez, and Mrs. McDowell.
The colors were presented by Dover High School Air Force Junior Reserve Officer Training Corps
(AFJROTC), followed by the invocation given by Reverend Elmer N. Davis Sr., Whatcoat United
Methodist Church and Dover Police Department Chaplain. The Pledge of Allegiance was led by
St. John's Lutheran School students and the National Anthem was sung by Crystal Solomon of
Dover High School.
ADOPTION OF AGENDA
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried.
Mr. Neil moved for approval of the consent agenda, seconded by Mr. Lindell and carried by
a unanimous roll call vote (Anderson absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 22, 2019
The Minutes of the Regular Council Meeting of April 22, 2019 were unanimously approved
by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor
Christiansen.
OATHS OF OFFICE ADMINISTERED BY THE HONORABLE
WILLIAM L. WITHAM, JR., RESIDENT JUDGE - SUPERIOR COURT, AND THE
HONORABLE KENNETH S. CLARK, JR., JUDGE - SUSSEX COUNTY COURT OF
COMMON PLEAS
The Honorable William L. Witham, Jr., Resident Judge, Superior Court, and the Honorable
Kenneth S. Clark, Jr., Judge, Sussex County Court of Common Pleas, administered the Oaths of
Office, as follows:
Mayor - Robin R. Christiansen
Council - First District - Matthew J. Lindell
Council - Second District - Ralph L. Taylor, Jr.
Council - Third District - Scott W. Cole
Council - Fourth District - Roy Sudler, Jr.
ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR
Mayor Christiansen opened the floor for nominations for Council President/Vice-Mayor for
2019/2020.
Mr. Polce moved to nominate Mr. Hare to serve as Council President/Vice-Mayor for 2019/2020,
seconded by Mr. Neil.
Mr. Lindell moved to close nominations, seconded by Mr. Neil and unanimously carried.
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 2
The motion to elect William F. Hare to serve as Council President/Vice-Mayor for 2019/2020
was unanimously carried.
PROCLAMATION - COMMUNITY ACTION MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, for the past 53 years, First State Community Action Agency has improved the lives
of scores of individuals and families throughout the City of Dover by promoting solutions to a broad
range of challenges. The Agency strives to ignite economic growth and promote economic stability,
which builds stronger communities, fosters self-sufficiency, and helps to ensure that all citizens are
able to live in dignity; and
WHEREAS, First State Community Action Agency has provided greater opportunities for those
in need of assistance by creating pathways to prosperity through programs that offer benefits such
as job training, affordable housing, and utility assistance for seniors; and
WHEREAS, First State Community Action Agency offers innovative solutions that create a greater
chance of success for everyone and continues to be a voice for the disenfranchised in our
community.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 2019 as COMMUNITY ACTION MONTH in the City
of Dover in recognition of the hard work and dedication of First State Community Action Agency.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Ms. Bernice Edwards, Executive Director, and Ms. Sade' Truiett, Public Relations Specialist of First
State Community Action Agency.
PROCLAMATION - PUBLIC WORKS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, our public works professionals focus on infrastructure and services that are of vital
importance to sustainable and resilient communities and to the public health, high quality of life and
well-being of the people of the City of Dover; and
WHEREAS, these infrastructure and services could not be provided without the dedicated efforts
of public works professionals of the City of Dover Department of Public Works' Grounds,
Sanitation, Streets, Water, Wastewater, Water Treatment and Production, Engineering and
Inspections, and Administration Divisions, who are responsible for operating, maintaining,
improving and protecting our City's properties and local environment, solid waste systems,
rights-of-way, water supply, and water and wastewater systems which are essential for our citizens;
and
WHEREAS, it is in the public interest for the citizens, civic leaders and children of the City of
Dover to gain and maintain knowledge and progressive interest regarding the importance of public
works and public works programs in the community; and
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 3
WHEREAS, the American Public Works Association 2019 National Public Works Week theme,
"It Starts Here," embraces the fact that citizens' quality of life starts with public works and represents
the many facets of our modern community that grow out of the efforts of our public works
professionals including infrastructure, growth and innovation, mobility, security, and a healthy
community which are of vital importance to the City of Dover.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 19 - 25, 2019 as PUBLIC WORKS WEEK in the City
of Dover, and urge all citizens and organizations to learn more about the topics involved in
providing public works, and to recognize the contributions that the dedicated Department of Public
Works' employees make every day to our health, safety, comfort, and quality of life.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Mrs. Sharon Duca, Director of Public Works.
STATE OF THE CITY MESSAGE - MAYOR ROBIN R. CHRISTIANSEN
Mayor Christiansen presented the State of the City address, as follows:
“Good evening Mr. President, Honored Members of Council, Staff, and my fellow
Doverians.
It is again a great honor and extreme pleasure to be able to deliver the address on the
State of the City of Dover. Never in my wildest dreams did I ever imagine many
years age as a child, when I had the honor of meeting the late Mayor Crawford
Carrol, that one day I would stand here as he did - to share with all of you the State
of the City of Dover.
As Mayor, I believe this is the best job that any public servant could ever have to
make a positive difference in the lives of our citizens and in the future of our city.
"Service to others" has always been my family's motto passed on to me from my
mother and father. That is always the focus of my daily mission. While my father is
no longer with us, my mother is - Thanks Mom. A big thank you to my wife Cindy,
my children and grandchildren, who assist me with the struggles and celebrate the
triumphs of being with me during this journey as Mayor. They do a great job,
tolerating the many moods of Robin Christiansen. Thank you.
To President Slavin and the Members of Council I salute you for your continued
service and your commitment to the citizens of Dover. We may not always agree as
a body politic on all of the issues, which we can debate in earnest, but our pledge
remains the same to make Dover a better place to live, work and play - not just for
one specific district, but also for all of our citizens today and in the future.
I also want to recognize ALL City staff who work tirelessly to deliver "community
excellence though quality service'. I want to thank our employees in every
department for striving for that excellence each and every day.
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 4
Today, I must once again thank one individual who has been an integral part of the
Dover Team. Chief Marvin Mailey has served his country, his state and his city for
more than 25 years with dedication, integrity and distinction. Please join me in a
round of applause for Chief Marvin Mailey who will be retiring at the end of the
week. Good luck to the Chief and his family as he sets out on his next life's
adventure.
Today, we live in a safer city because of Chief Mailey and the men and women of
the Dover Police Department. As we move forward with those efforts, we will
continue to enlist the assistance from all of our citizens to help us make each and
every neighborhood in our city safe and secure. Community policing is a partnership
of trust that we must mutually build on each day.
I would be remiss not to recognize the dedicated men and women of the Robbin's
Hose Company No. 1 - the Dover Fire Department. They are the only all volunteer
Fire Department protecting a state capitol city. Thank you all for your service and
commitment to saving lives and protecting property. The volunteer firefighters truly
are neighbors helping neighbors.
Our efforts for Economic Development have and will continue to move forward
vigorously. Through partnership with the Kent Economic Partnership, the Greater
Kent Committee, our friends at Kent County Levy Court and other municipalities we
now have a focused game plan to market Central Delaware as well as the City of
Dover to bring jobs to the area so all of our citizens can share in the economic
prosperity and the American dream.
We likewise will continue to work with the institutions of higher education,
Delaware State University, Delaware Technical Community College, University of
Delaware, Wesley College and Wilmington University as well as our local school
districts to prepare a highly qualified work force, tempered with a positive work ethic
for the jobs and industries we hope will choose Central Delaware.
We must continue to look for workable and realistic solutions to the issues of
affordable housing and the issue of homelessness. The Mayor's Task Force works
diligently to do just that and has come up with several recommendations to address
this matter; A quick read of those proposals shows that the focus of that effort is to
permanently house, counsel and empower people to change their circumstance rather
than continue and prolong their unfortunate plight.
The State of Delaware spends tens of millions of dollars to aid in the battle of
homelessness a year. These are federal and state tax dollars, allocated to the State of
Delaware to use as they see fit - this includes programming needs, education,
emergency housing and sheltering, food assistance, long term housing solutions and
more.
No one has all of the answers, but between the efforts that the Mayor's Task Force
has made and the dedication of the State of Delaware, we remain confident that this
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 5
most important issue of homelessness and rough sleeping will eventually be
resolved.
We continue to collaborate with Habitat for Humanity, NCALL and other
organizations to build families and build affordable homes for all our citizens.
Revitalizing our community - one home at a time.
We meet monthly with the IMA (Interdenominational Ministers Association) for the
betterment of all our community regardless of race, religion, color or national origin.
This dialogue is led by myself, Reverend Ted Henderson and Reverend Rita Paige.
This dialogue has developed programs for reentry after incarceration, expungements
as well as pardons for people to reenter the main stream of society. Likewise, the
IMA has sponsored job fairs to seek jobs for youth, the unemployed and the under
employed, through the leadership of Mrs. Justina Brewington - Comer. Another
partnership of the City of Dover and its citizens working together for the common
good of all.
Finally, I am asking Council to join with me and our able staff to end blight and
abandoned houses and structures in our city. I am asking for changes in the laws that
appear to make the city complacent with blight and its impact on the property values
across our great city. I am asking Council to put more teeth in those regulations and
ordinances, to streamline and expedite that process. I am asking that we hold private
owners, banks and mortgage companies accountable for the conditions of their
holdings. I am asking that we expedite this process. Instead of it taking years to
months, it needs to be a matter of days to resolve these dangerous structures. I
request your consideration to increase funding for demolition of properties that are
uninhabitable and dangerous in our community. I am asking that in return, staff
utilize the funds that are budgeted annually to move demolition of these buildings
forward rapidly and that the Inspections Department be staffed as needed to that end.
I would encourage an independent review board to handle the disposition of those
properties. We need to show the citizens of Dover that we are truly committed to
looking out for our community. This we must do and we must do in good faith and
we must do this now.
The City of Dover is a thriving community. Our City is filled with history, beauty
and promise and has so much potential for each of us to share with others. Please
join me in the next chapter of this great adventure called Dover. Three hundred and
two years young and still growing strong - a city whose best days are ahead of us. I
know some people tire of hearing this - but I believe in Dover ... and I hope you
believe in Dover too.”
COUNCIL COMMITTEE OF THE WHOLE REPORT - APRIL 23, 2019
The Council Committee of the Whole met on April 23, 2019 at 6:09 p.m. with
Councilman Hare presiding until the arrival of Council President Slavin (arrived at
6:17 p.m.). Members of Council present were Mr. Anderson, Mr. Neil, and
Mr. Polce. Mr. Sudler, Mr. Cole, and Mr. Lindell were absent. Mayor Christiansen
was also present. Civilian members present for their Committee meetings were and
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 6
Mrs. Haass (Utility), and Mr. Shevock (Legislative, Finance, and Administration).
Mrs. Doyle (Utility) was absent.
By unanimous consent, the agenda was amended to reverse the order of the
committees.
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. Polce and
unanimously carried.
Proposed Resolution No. 2019-06 Authorizing the Issuance and Sale of up to
$5,700,000 General Obligation Bond of the City of Dover to Refinance Certain
Prior Debt and Authorizing All Necessary Action in Connection Therewith
Ms. Lori Peddicord, Controller/Treasurer, reviewed proposed Resolution
No. 2019-06 Authorizing the Issuance and Sale of up to $5,700,000 General
Obligation Bond of the City of Dover to Refinance Certain Prior Debt and
Authorizing All Necessary Action in Connection Therewith.
Staff recommended adoption of Resolution No. 2019-06.
Mr. Neil noted that a refinancing typically results in a savings and asked what kind
of savings this refinancing would mean to the taxpayers. In response,
Mrs. Peddicord stated that she did not have the savings broken out; however, since
the assumption is that the rates are going to continuously increase and the 2014 bond
is a variable rate bond, there would be a savings over the remaining life of the bond
if the City can lock in the rate at 2.5%.
Responding to Mr. Anderson, Mrs. Peddicord stated that she believed the rate for the
2012 bond was 2.6% and she thought the new rate would be close to that.
In response to Mayor Christiansen, Mrs. Peddicord confirmed that no paper
certificates of the bonds would be issued, they are all book entry.
Mr. Polce stated that he appreciated staff’s due diligence regarding this matter,
noting that he thought it would be advantageous to consolidate these bonds.
The Committee recommended adoption of Resolution No. 2019-06, as recommended
by staff.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent).
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 7
Downtown Dover Business Improvement District (BID) Budget and Assessment
(Tax) Rates for Fiscal Year 2019-2020
Mrs. Cheryl Bundek, Tax Assessor, advised members that staff recommended
deferring consideration of the Proposed Budget and Assessment (Tax) Rates for
Fiscal Year 2019-20 until the next Council Committee of the Whole/Legislative,
Finance, and Administration Committee meeting.
Mr. Anderson noted his belief that the current rate was set to zero and asked to see
that brought into the comparison when this matter is brought forward for
consideration.
The Committee deferred consideration of the Proposed Budget and Assessment
(Tax) Rates for Fiscal Year 2019-20 until the next Council Committee of the
Whole/Legislative, Finance, and Administration Committee meeting.
Proposed Amendments to Employee Handbook - Part-Time Employment Hours
and Benefit Eligibility
Mrs. Kim Hawkins, Human Resources Director, reviewed the proposed amendments
to the Employee Handbook regarding part-time employment hours and benefit
eligibility.
Staff recommended approval of the Personnel Handbook amendments to provide the
ability for non-bargaining part-time positions to work up to 29 hours per week.
Responding to Mr. Neil, Mrs. Hawkins explained that employees who currently work
less than 40 hours per week are technically considered part-time. She advised that
employees who work 20 hours per week are entitled to sick and vacation time and,
if they take off a shift, the City has to backfill four (4) hours, so the City typically
keeps part-time employees at 19 hours per week.
In response to Mr. Hare, Mrs. Hawkins confirmed that employees working 29 hours
per week would still not be eligible for health insurance, or sick or vacation leave.
She stated that, by law, they would still be covered by worker’s compensation leave.
Mr. Anderson stated that he thought this was a good proposal, noting that he thought
it would help with staff coverage in certain critical divisions, like the Police Cadets.
He explained that he thought this would provide more security for the people of the
City, and it works well within the Federal standards. He asked that future
consideration be given to grant part-time employees eligibility for bereavement
leave, noting that it would not cost the City money like vacation time and is not
something that accumulates.
Mrs. Hawkins stated that she thought Mr. Anderson brought up an excellent point,
and advised members that this amendment would affect the six (6) cadets currently
budgeted for, as well as three (3) employees at the recreation center and three (3)
employees at the Library.
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 8
Mr. Hare stated that he thought that this would be beneficial for those employees
because they would be able to earn more money by being able to work 29 hours. He
noted that although they would not have benefits, they did not have them before. In
response, Mrs. Hawkins reminded members to keep in mind that these employees
were hired with the assumption that they would be working 19 hours, so some of
them may only want to work 19 hours; however, this amendment would give them
the option to work up to 29 hours if they want to. She stated that she would not
recommend terminating a current employee to find someone who wants to work
29 hours.
Mayor Christiansen stated that he thought this amendment was a great idea and
expressed his hope that Council would endorse it. He noted that during the
recruitment process for cadets, they had found that some of them were interested in
working more hours than the City would allow. Mayor Christiansen stated that this
amendment would allow the cadets to work more hours, which would result in more
coverage.
The Committee recommended approval of the Personnel Handbook amendments to
provide the ability for non-bargaining part-time positions to work up to 29 hours per
week, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent).
UTILITY COMMITTEE
The Utility Committee met with Council President Slavin presiding in the absence
of Chairman Cole.
Evaluation of Bids - Generator Maintenance
Mrs. Sharon Duca, Public Works Director, reviewed the background and analysis for
the evaluation of bids for generator maintenance.
Staff recommended awarding a three (3) year contract with the option for two (2)
one (1) year extensions to Roy's Electric, Inc. as per the bid submitted in response
to ITB #19-0016COD.
The Committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent).
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent).
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 9
MONTHLY REPORTS - MARCH 2019
By motion of Mr. Neil, seconded by Mr. Lindell, the following monthly reports were accepted
by consent agenda:
City Assessor's Report
City Council’s Community Enhancement Fund Report
City Manager's Report
City Planner's Report
Controller/Treasurer's Budget Report
Fire Chief's Report
Police Chief's Report
QUARTERLY REVIEW - CAPITAL INVESTMENT PLAN (CIP)(JANUARY, FEBRUARY,
AND MARCH)
Members were provided the Quarterly Capital Investment Plan (CIP) as of March 31, 2019.
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Capital Investment Plan
(CIP) as of March 31, 2019. The motion was seconded by Mr. Lindell and carried by a
unanimous roll call vote (Anderson absent).
SETTING OF PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the City of
Dover Electric Revenue Bonds Resolution prior to adoption of the budget. Staff recommended that
the public hearing be set for June 10, 2019 at 7:30 p.m.
Mr. Neil moved to set a public hearing for June 10, 2019 at 7:30 p.m. for the 2019/2020 City
of Dover Electric Fund Budget, seconded by Mr. Polce and unanimously carried.
2019/20 CITY COUNCIL ANNUAL STAFF APPOINTMENTS
By consent agenda, Mr. Neil moved for approval of the Staff Appointments for 2019/2020,
seconded by Mr. Lindell and, by a unanimous roll call vote (Anderson absent), the following
appointments were made:
City Assessor - Cheryl A. Bundek
Building Inspector - David S. Hugg III
City Clerk - Traci A. McDowell
Assistant City Clerk - Denise L. Devine
Controller/Treasurer - Lori Peddicord
Assistant Controller/Treasurer - Kimberly A. Cruz
Assistant Treasurers - Denise L. Devine
- Traci A. McDowell
Fire Marshal - Jason A. Osika
City Solicitor - Nicholas H. Rodriguez
Deputy City Solicitor - William W. Pepper, Sr.
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 10
2019/20 COUNCIL PRESIDENT ANNUAL APPOINTMENTS
By motion of Mr. Hare, seconded by Mr. Cole, the 2019/2020 Council President Annual
Appointments were unanimously deferred and current members were requested to continue
serving until the appointments/reappointments are made.
2019/20 MAYORAL ANNUAL APPOINTMENTS
By consent agenda, Mr. Neil moved to defer the 2019/20 Mayoral Annual Appointments until
May 28, 2019. The motion was seconded by Mr. Lindell and carried by a unanimous roll call
vote (Anderson absent).
RESOLUTION NO. 2019-07 AUTHORIZING SIGNATURES FOR BANKING SERVICES
ON BEHALF OF THE CITY OF DOVER, DELAWARE - CONTROLLER/TREASURER,
ASSISTANT CONTROLLER/TREASURER, AND ASSISTANT TREASURERS
By consent agenda, Mr. Neil moved for adoption of Resolution No. 2019-07. The motion was
seconded by Mr. Lindell and, by a unanimous roll call vote (Anderson absent), Council
adopted the following Resolution:
A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON
BEHALF OF THE CITY OF DOVER, DELAWARE
WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000
per banking institution, investments in the State of Delaware Investment Pool, and the purchase and
sale of investment grade corporate bonds, and U.S. Treasury and agency securities; and
WHEREAS, the banking institutions, brokerage firms, trust companies, and other various financial
institutions require an Authorizing Resolution for the opening of accounts, and for purchasing,
selling, transferring, assigning, and handling securities.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that
the Controller/Treasurer, Assistant Controller/Treasurer and Assistant Treasurers are hereby
authorized to open accounts with banking institutions and purchase, sell, transfer, assign, and handle
securities and that they are authorized to sign all related forms;
BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one
signature; and
That the following are the office holders authorized for these purposes, until further notice:
Lori Peddicord - Controller/Treasurer
Kimberly A. Cruz - Assistant Controller/Treasurer
Denise L. Devine - Assistant Treasurer
Traci A. McDowell - Assistant Treasurer
ADOPTED: MAY 13, 2019
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 11
RESOLUTION NO. 2019-08 APPROVING THE 2019 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ACTION PLAN
By consent agenda, Mr. Neil moved for adoption of Resolution No. 2019-07. The motion was
seconded by Mr. Lindell and, by a unanimous roll call vote (Anderson absent), Council
adopted the following Resolution:
A RESOLUTION APPROVING THE 2019 COMMUNITY DEVELOPMENT BLOCK
GRANT ACTION PLAN
WHEREAS, the City of Dover is entitled to $282,307 through the United States Department of
Housing and Urban Development Community Development Block Grant program; and
WHEREAS, the City of Dover has prepared the 2019 Action Plan, in accordance with the United
States Department of Housing and Urban Development guidelines, that serves as the primary
planning document for identifying and meeting the housing and community development needs for
the low and moderate-income residents of Dover; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant
funds for the community development purposes in accordance with the National Community
Development objectives of benefiting low and moderate income families, eliminating slums and
blight, and meeting other community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development requires the City
of Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance
including the proposed use of funds and including certain certifications and policies to obtain its
$282,307 entitlement; for eligible activities; and
NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE
CITY OF DOVER APPROVE THE 2019 Community Development Block Grant Action Plan and
application for Federal Assistance included in the Action Plan, along with certifications and policies
attached and authorize its forwarding to the United States Department of Housing and Urban
Development for consideration.
ADOPTED: MAY 13, 2019
FINAL READING - PROPOSED ORDINANCE #2019-10
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of
April 22, 2019. Council President Hare reminded members of the public that copies of the proposed
ordinance were available at the entrance of the Council Chambers or on the City’s website at
www.cityofdover.com under “Government.”
Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Lindell and unanimously carried.
By motion of Mr. Sudler, seconded by Mr. Neil, Council, by a unanimous roll call vote
(Anderson absent), adopted Ordinance #2019-10, as follows:
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 12
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 90 - Solid Waste, of the Dover Code, be amended by inserting the text indicated in
bold, blue, font and deleting the text indicated in red strikeout as follows:
Chapter 90 - SOLID WASTE[1]
Footnotes:
--- (1) ---
Charter reference – Power of city to legislate for health, safety and welfare of community, subpart
A, §§ 2, 17.
State Law reference – Refuse generally, 16 Del. C. § 1701 et seq.
Sec. 90-1. - Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Alley means any public way, generally of less width than a street, used for public utility purposes
and right-of-way, and as an alternate secondary or emergency route for vehicle and pedestrian
traffic, generally situated at the rear of or along side a tier of lots.
Apartment means a suite or set of rooms, with necessary appurtenances, in a building occupied
or suitable to be occupied as a dwelling unit.
Apartment complex means an assemblage of large multiple dwelling unit buildings located in
zones RG-2 and RG-4 as defined by appendix B to this Code pertaining to zoning.
Apartment house means an owner-occupied dwelling unit with apartments, or a building,
formerly a residence, converted into apartments.
Automated Collection means the use of fully- or semi-automated mechanized lift collection
vehicles with authorized containers.
Building code means the current edition of the city building code, adopted in article III of
chapter 22.
Bulk residential household waste means materials too bulky to fit in city issued solid waste
containers permitted in Section 90-4.
Bulk residential yard waste means yard waste material too bulky to fit in private yard waste
containers permitted in Section 90-4.
Commercial establishment means any structure intended or used for the purpose of conducting
a commercial business enterprise.
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 13
Container means a receptacle for the deposit of solid waste.
Drive-in service means a service involving city sanitation department employees driving in or
on private property to collect commercial accounts.
Duplex means a structure intended for use and occupancy as two-family dwelling units.
Dwelling unit means a dwelling unit as defined by the city's building code (article III of
chapter 22).
Food establishment means a café, restaurant, or other similar establishment serving food or food
products, including quick service drive-ins where food is prepared or served.
Garbage means solid waste consisting of putrescible animal and vegetable waste materials
resulting from the handling, preparation, cooking and consumption of food, including waste
materials from markets, storage facilities, handling and sale of produce and other food products.
Health inspector means the head of the health department, or anyone authorized to act for him.
Illegally dumped solid waste means any solid waste placed on properties, with or without the
consent of the owner or person in control, where such waste constitutes a nuisance detrimental
to the public health and welfare.
Industrial solid waste means waste that is generated by businesses from an industrial or
manufacturing process.
Institution and institutional mean any church, church building or structure housing any
charitable, philanthropic or eleemosynary undertaking, or any school, or any publicly owned or
governmental building.
Manager means the person in charge of real estate used for apartment, institutional or
commercial purposes.
Manual collection means the service rendered in collecting municipal solid waste from
containers, when containers can be handled by persons picking up the containers as
distinguished from automated collection.
Municipal solid waste and solid waste mean solid waste resulting from or incidental to
municipal, community, trade, business, and recreational activities, including garbage, rubbish
(or trash), and all other solid waste, other than industrial solid waste.
Newsprint means a common and inexpensive machine-finished paper made chiefly from wood
pulp, including, but not limited to, newspapers, magazines, periodicals, telephone books and
catalogues.
Occupant means the person residing in a dwelling unit, specifically the head of such household.
Owner means the record title holder of real property.
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Permittee means any person licensed by the state solid waste authority to contract to collect,
remove or dispose of solid waste.
Property line means the peripheral boundary of real estate.
Public easement means a right-of-way used or dedicated to be used by any public utility,
including, but not limited to, services such as electricity, telephone, gas, solid waste collection,
water, sewer and drainage.
Public way means any street, alley, easement or other right-of-way.
Recyclable Material or Recyclables means any material or group of materials that can be
collected and sold or used for recycling as designated by the Delaware Solid Waste Authority
and/or State of Delaware.
Recycling means the process by which solid wastes are separated for use as raw materials,
product or replacement of product.
Residence means a structure intended for use and occupancy as a one-family dwelling unit.
Rubbish and trash mean all waste or refuse of any kind, including garbage, either combustible
or noncombustible in nature, having little or no value except as waste or refuse.
Sanitary landfill means a method of disposing of municipal solid waste on land, without creating
a nuisance or hazard to public health or safety, by utilizing the principles of engineering to
confine the solid waste to the smallest practical area to reduce it to the smallest practical volume,
and to cover it with a layer of earth at appropriate intervals.
Street means any public thoroughfare for the passage of vehicle and pedestrian traffic.
Vehicle means any wheeled conveyance.
Yard waste means plant material residues resulting from lawn maintenance and other
horticultural gardening and landscaping activities including grass, leaves, prunings, brush,
shrubs and garden material provided that trunks and limbs do not exceed three inches in
diameter and are cut in lengths not to exceed four feet. Leaves are considered yard waste except
during times leaf collection is provided as scheduled by the city manager or his/her designee.
Yard waste may not be comingled with trash, garbage or any other non-yard waste material.
(Code 1981, § 8-1; Ord. of 5-24-1982)
Sec. 90-2. - Unlawful deposits.
(a) On outside premises. It shall be unlawful for any person to place, deposit, discard, or
otherwise cause to be put yard waste garbage, rubbish, or any other type of waste on any
outside premises within the city, whether public or private, in such a manner as to cause
unsanitary, unsightly, or unhealthy conditions, except at such places as are, have been, or
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shall be designated by the city manager, and except in accordance with other provisions
of this chapter. For the purposes of this subsection, the term "outside premises" includes,
but is not limited to, streets, alleys, sidewalks, ditches, yards, lots, fields, streams, and
exterior portions of buildings.
(b) Inspections; citations. The city code enforcement officer shall regularly inspect all outside
premises to enforce the provisions of subsection (a) of this section. The city code
enforcement officer shall issue citations for violations hereof and may abate such
conditions pursuant to the provisions of the Charter and this Code.
(c) Removal. The city reserves the right to remove waste determined by the code enforcement
officer to cause unsanitary or unhealthy conditions or cause a public nuisance should the
owner, occupant or person notified fail to remove the waste and address the public concern
in an expedient fashion. In such cases the owner, occupant or person notified will be billed
for the waste removal.
(d) Prosecution; presumptions. In the prosecution of a violation of subsection (a) of this
section, the following presumptions shall apply:
(1) Owner, occupant. If the condition resulting from the violation was found on premises
owned and/or occupied by the person to whom notice was given, then it shall be
presumed that said owner and/or occupant was responsible for said condition. If the
person to whom notice was given fails to notify the city code enforcement officer
that he or she is not responsible for said condition within seven days of the sending
of the notice, then it shall be presumed that the said person notified was in fact
responsible for said conditions not being removed. The presumptions described
above are rebuttable by the person charged and must be rebutted by a preponderance
of the evidence in order for the person so charged to be exonerated.
(2) Multiple dwelling units. If the condition resulting from the violation was found on
the property whereon multiple dwelling units exist and the party actually committing
the violation cannot with reasonable certainty be determined, then it shall be
presumed that the owner or manager of the subject premises, upon being given
notice, is the party responsible for ensuring that the condition is removed from the
premises.
(Code 1981, § 8-2; Ord. of 5-24-1982)
Sec. 90-3. - Litter, trash, or garbage falling from vehicles.
It shall be unlawful for any person engaged in commercial or for-hire hauling to operate any truck
or other vehicle within the limits of the city to transport litter, trash, or garbage unless said vehicle
is covered to prevent its contents from blowing, dropping or falling off or otherwise departing from
the vehicle. In addition, any person operating his own truck or other vehicle to transport litter, trash
or garbage shall take reasonable steps to prevent its contents from blowing, dropping or falling off
or otherwise departing from the vehicle, provided, no vehicle hauling predominately metallic
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material shall be required to be covered if it is loaded in a manner which will prevent such material
from falling or dropping from the vehicle.
(Code 1981, § 8-3; Ord. of 5-24-1982)
Sec. 90-4. - Containers generally.
(a) Duty to provide. Every person occupying a residence or duplex and every owner of an
apartment shall provide such premises with city issued solid waste containers for
automated collection unless such premises is otherwise designated by the city manager,
or his/her designee, to be located in an area designated for manual collection. Solid waste
containers placed out for collection shall be done so in such a manner as to not overload
the capacity of the containers. Occupants of residences or duplexes and owners of
apartments requesting yard waste collection shall provide their own containers for manual
collection, not to exceed 35 gallons in size. A maximum of 5 yard waste containers may
be placed for collection. Yard waste placed in plastic bags will not be collected.
(b) Construction. Solid waste containers shall be watertight and constructed of a solid and
durable grade of plastic material. Plastic bags may be used as solid waste containers,
provided they conform to the requirements of subsection (h) of this section.
(c) Weight. In the case of those containers which are manually emptied by the sanitation
department employees of the city, the combined weight of the waste and container shall
not exceed 75 pounds. Containers exceeding these requirements will not be collected.
(d) Underground. Underground containers are prohibited for use in the city.
(e) Handles; cover. All containers for manual collection, except plastic bags, shall be provided
with suitable lifting handles on the outside and a close-fitting or other approved cover
equipped with a handle, and shall not exceed 35 gallons.
(f) Condition. Containers shall not contain any inside structures, such as bands or reinforcing
angles, or anything within the container to prevent the free discharge of the contents.
Containers that have deteriorated or that have become damaged to the extent that the
covers therefor will not fit securely or that they have jagged or sharp edges capable of
causing injury to sanitation department employees or other persons whose duty it is to
handle such containers shall be condemned by the city. City issued solid waste containers
will be replaced by the city as required. Private yard waste containers must be replaced
by the owner or user. If such containers are not replaced after notice to the owner or user,
such containers will be removed along with the contents thereof.
(g) Lid. The lid shall be close-fitting and shall remain in place, covering the container or
receptacle at all times when there is any material in the container.
(h) Plastic bags. Plastic bags shall be constructed of a material and in a manner sufficiently
adequate in strength and weight to keep the contents from rupturing such bags. All plastic
bags shall be secured at the top to prevent spillage. Plastic bags shall be used to place trash
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in solid waste containers and in designated manual collection areas. A maximum of 5
plastic bags may be placed for manual collection. Yard waste may not be placed out for
collection in plastic bags.
(Code 1981, § 8-4; Ord. of 5-24-1982)
Sec. 90-5. - Removal of bulky materials, refuse, and leaves.
(a) Bulky materials. Bulk residential household waste and bulk residential yard waste shall be
collected on a schedule set forth by the city manager or his/her designee. Piles placed out
for collection shall not exceed 4 feet wide by 4 feet tall by 8 feet long. Piles shall be
placed at or just behind the face of the curbline. Piles shall not be placed directly under
power lines or against buildings or fences which would prohibit and/or impede collection.
Materials set out for collection that are not in accordance with the designated schedule or
size parameters will not be collected without being first assessed, by the city manager or
his/her designee, a charge appropriate to the cost of providing the service.
(b) Refuse.
(1) Depositing prohibited. It shall be unlawful and a nuisance for any person to throw,
deposit or wash, or permit to be thrown, deposited or washed, any advertising matter,
paper, rubbish, refuse, garbage, grass clippings, yard waste etc., or other offensive
matter, upon any street or other public place or in or upon any private property,
except as otherwise provided in subsection (b)(2) of this section.
(2) Exception. The placing of leaves in the city streets is prohibited, except during leaf
collection scheduled by the city manager.
(3) Duty to remove. It shall be the duty of any person violating the provisions of this
subsection (b) to immediately remove the unlawfully deposited rubbish, garbage,
refuse, or other offensive matter upon notification by the city manager or his/her
designee.
(Code 1981, § 8-5; Ord. of 5-24-1982)
Sec. 90-6. - Noncollectible items.
(a) Generally. The scope of the service rendered by the city's sanitation department in the
collection and removal of solid waste materials is intended, in general, to serve the needs
of dwelling units and their directly related activities, operating businesses, and commercial
establishments, except as exempted from the provisions of this chapter. It is considered to
be beyond the scope of such service to collect or remove solid waste materials generated
by clearing, construction, demolition and other such solid waste materials resulting from
an activity beyond the scope described above.
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(b) Enumerated. The following solid wastes shall not be collected and removed by the
sanitation department as a regular service:
(1) Construction wastes, etc. Rock, scrap building materials or other trash resulting from
construction, remodeling or destruction by fire, the elements, acts of God or other
causes resulting from a general cleanup of vacant or improved property or trees, yard
waste and/or debris cleared from the property in preparation for construction or
occupancy, and such materials shall be properly removed at the expense of the owner
or developer.
(2) Industrial wastes. Industrial wastes resulting from manufacturing or processing
operations, including waste from food and vegetable produce houses, poultry
dressing establishments, meat processing and meat packing plants, and such wastes
must be properly disposed of by the owner or occupant of the building, business or
premises where such wastes originate in the manner prescribed by state law and any
other applicable ordinance. The city manager shall determine what wastes fall within
this industrial classification.
(Code 1981, § 8-6; Ord. of 5-24-1982)
Sec. 90-7. - Collection schedule.
Except as provided in section 90-10, the city manager shall, in his/her discretion, divide the city into
districts and shall schedule the collection of solid waste in those districts on the day or days and at
the time or times that shall be most efficient and convenient. Adequate notice of the collection
schedules shall be given to the residents of the city.
(Code 1981, § 8-7; Ord. of 5-24-1982)
Sec. 90-8. - Collection from residences, duplexes, and apartment houses.
(a) City or contractor. All collection of solid waste materials from residences, duplexes or
apartment houses shall be by city sanitation department crews or contractors hired or
contracted by the city, and such service shall not be performed through any other person.
(b) Placing container generally. It shall be unlawful for any person to place any solid waste
container within any alley or any public utility easement or public way, except on
designated collections days at or just behind the face of the curbline, or rear lot line if
serviced by an alley. Clear space of 3 feet shall be provided around each container.
(c) Fences. In the event a fence is constructed with an inset space for the placement of solid
waste containers outside the fence, but inside the lot line, containers placed therein shall
be protected from overturn or spillage by a rack.
(d) Container at or behind curbline. Where a residence, duplex or apartment house is not
served by an alley, public utility easement or other public way in the rear or alongside
thereof, all containers shall be placed at or just behind the face of the curbline of the street
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abutting such property, but shall not be placed where the containers will interfere with
vehicular or pedestrian traffic.
(e) When containers placed. Where solid waste is collected from the front or side street,
containers shall be placed no earlier than 7:00 p.m. the evening before collection day and
shall be removed to a point at the side or rear of the structure not later than 8:00 p.m. of
the day of collection. The city manager can modify the hours when special conditions
exist.
(f) Placement approved by city manager. Solid waste containers shall be placed at locations
and under such conditions approved by the city manager for collection service by the
sanitation department.
(Code 1981, § 8-8; Ord. of 5-24-1982; Ord. of 10-9-1995)
Sec. 90-9. - Collection of rubbish, trash or yard waste from residences, duplexes, and
apartment houses.
(a) Where placed generally. Rubbish, trash or yard waste normally shall be collected from
residences, duplexes and apartment houses from the alley, when it is paved, and from the
street, when the alley is not paved or when no alley exists or it is not serviceable.
(b) Property line. Where rubbish, trash or yard waste is collected from the alley, public utility
easement or public way and not from the street, all rubbish, trash or yard waste shall be
placed at the property line, but shall not be placed inside the alley, easement or public way
in such a manner as to obstruct or interfere with vehicular or pedestrian traffic.
(c) Collection from street. Where rubbish, trash or yard waste is not collected from the alley,
public utility easement or other public way, but is collected from the street, it shall be
placed at or just behind the face of the curbline of the street abutting the premises, but shall
not be placed in the street or on the sidewalk in such a manner as to obstruct or interfere
with vehicular or pedestrian traffic.
(d) Excessive yard waste. Where the quantity of yard waste set out for collection is excessive,
the city manager shall determine the amount of yard waste to be collected at any one time,
the day of its collection and any other matters pertaining to yard waste collection in order
not to disrupt normal service to other premises.
(e) Small, loose items. Rubbish or trash consisting of small, loose items shall be placed in an
approved container.
(f) Boxes, cartons. All boxes and cartons must be broken down and bundled, and no bundle
shall exceed 50 pounds in weight for recycling collection by the city. Bundles must be
placed along the curbline and may not be placed next to solid waste or recycling
containers.
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(g) Charge for collection. The city manager shall set a charge appropriate to the cost of
providing the service where the quantity or type of trash, rubbish or yard waste is
determined to be excessive or not within the definition of the terms "garbage" and
"rubbish" as set forth in section 90-1.
(Code 1981, § 8-9; Ord. of 5-24-1982; Ord. of 10-9-1995)
Sec. 90-10. - Collection from apartment complexes, institutions and commercial
establishments.
The manual collection and removal of solid waste materials from apartment complexes, institutions
and commercial establishments shall be performed by city sanitation department crews only where
the containers conform to the requirements of containers for residential, duplex or apartment house
collection service. Apartment complexes, institutions and commercial establishment will be
provided a maximum of 2, 90 gallon solid waste containers and 2, 90 gallon recycling containers.
Where larger or additional waste containers are required, the owner or occupant of the premises
must dispose of solid waste materials through his own efforts and at his own expense, or may
contract with persons who are permitted to collect and remove solid waste materials. The placement
of containers for collection from apartment houses, institutions, and commercial establishments in
the city shall be as approved by the city manager or his/her designee.
(Code 1981, § 8-10; Ord. of 5-24-1982)
Sec. 90-11. - Collection from downtown areas.
(a) Containers; time of placement, removal. The collection of solid waste materials from the
downtown area as described in subsection (d) of this section shall be governed by all the
provisions of this chapter pertaining to apartments, institutions, and commercial
establishments, except as follows. For locations receiving automated collection, no solid
waste materials or containers of any kind shall be placed for collection on the public
streets, sidewalks, alleys or easements of the city prior to 6:00 a.m. on the day of
collection. For locations receiving manual collection, no solid waste materials or
containers of any kind shall be placed for collection on public streets, sidewalks, alleys or
easements prior to 5:00 p.m. on the day of collection.
(b) Application of chapter. Where collection service is furnished by the city to these premises,
all provisions of this chapter which are applicable to residences and duplexes shall apply.
(c) Placement in public way. At any of the establishments in the downtown area where there
is insufficient space between any structure and the alley property line, the easement
property line, or street property line to permit the placing of waste containers as required
by the provisions of this chapter relating to residences and duplexes, the containers may
be placed in such public way at the very boundary thereof so as to permit the passage of
pedestrian and vehicular traffic, or at a time other than as set out in subsection (a) of this
section, subject to the approval of the city manager.
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(d) Boundaries. The downtown business area shall include that area bounded by the
Loockerman Street Bridge on the east, and the Delmarva Central (nfa Norfolk Southern)
Railroad on the west, North Street on the south and Reed Street on the north.
(Code 1981, § 8-11; Ord. of 5-24-1982)
Sec. 90-12. - Automated collection.
(a) Application of chapter. This section shall apply only to automated collection provided by
the city sanitation department. All other sections of this chapter shall remain in force and
effect, unless inconsistent with the provisions of this section.
(b) Containers required. The city shall provide 90 gallon containers for this type of refuse
collection. Use of any other type container than provided by the city is prohibited. Items
piled against the container, as well as the container, will not be picked up, nor will
containers not provided by the city.
(c) Container ownership. Solid waste containers for automated collection shall be provided
free of charge and shall be owned by the city at all times.
(d) Lost, stolen or damaged containers. Customers shall be required to care for each container
as if it were their own and to protect it against damage or loss. All lost containers must be
replaced at the expense of the property owner, or customer at the expense of the same.
Stolen containers shall be replaced by the city, without charge, if such theft is reported to
the police department and verified by the police department as being a stolen container,
provided that the city manager, at his/her discretion, may refuse to replace stolen
containers where it appears that the customer did not protect the same or where the
customer has turned in more than one recent complaint of theft of the container. Damaged
containers shall be replaced by the city unless the damage is due to negligence, abuse or
failure to care for the container by the customer and the decision of the city manager in this
regard shall be binding. Containers damaged by the negligence, abuse or failure of care of
the customer shall be replaced at the expense of the customer. The customer is responsible
for keeping the container clean at all times and the city may decline pickup for failure to
have the container clean. The city will not replace containers relating to cleanliness or odor
concerns.
(e) Permitted refuse in solid waste containers. The following refuse may be placed in the
container:
(1) Normal household trash.
(2) Normal garbage.
(f) Prohibited refuse in solid waste containers. The following refuse may not be placed in the
containers:
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(1) Large limbs, grass, leaves, small hedge and brush trimmings and yard waste of any
kind.
(2) Hot ashes.
(3) Flammable items.
(4) Chemicals.
(5) Corrosive solvents.
(6) Paint.
(7) Construction, demolition or remodeling debris.
(8) Concrete, dirt or plaster.
(9) Appliances or furniture which will not allow the container lid to close.
(10) Any items of any nature whatsoever that do not allow the container lid to close.
(g) Permitted material in recycling containers. The following material may be placed in the
container:
(1) Newsprint, paper board boxes, corrugated cardboard, telephone books, junk mail,
office paper.
(2) Rigid plastic, and plastic bottles and containers.
(3) Aluminum and metal cans.
(4) Glass bottles and jars.
(5) Materials as directed by the State of Delaware.
(h) Prohibited material in recycling containers. The following materials may not be placed
in the containers:
(1) Large limbs, grass, leaves, small hedge and brush trimmings and yard waste of any
kind.
(2) Normal household trash, garbage and food waste.
(3) Styrofoam, ceramics, window glass, mirrors, clothing, textiles and electronics.
(4) Hot ashes.
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(5) Flammable items.
(6) Chemicals and chemical containers.
(7) Corrosive solvents and containers.
(8) Paint and containers.
(9) Construction, demolition or remodeling debris.
(10) Concrete, dirt or plaster.
(11) Any items of any nature whatsoever that do not allow the container lid to close.
(I) Container placement for pickup on streets. After 7:00 p.m. of the evening before the day
of collection or before 7:00 a.m. on the day of collection, the container must be placed at
or just behind the face of the curbline or edge of the street in front of the house. It must be
placed so that clear space of 3 feet shall be provided around each container so it will be
clear of all parked vehicles, trees or other obstructions. The handle and wheels must be
pointed away from the street (toward the curbline). After the container has been emptied,
it must be moved back to its storage place not later than 8:00 p.m. on the day of collection.
(j) Container placement for pickup in alleys. Containers authorized for alley pickup shall be
placed at the property line along the edge of the alley, easement or public way and shall
be at the normal alley ground level. The handle and wheels must be pointed away from the
alley.
(k) Container placement for pickup during periods of heavy snow. During periods of heavy
snow, the container must be placed so that the collection vehicle can have clear access to
the container, unobstructed by snow banks, unplowed or unshoveled snow, etc. In the
event trash collection is suspended by the city manager, containers must be removed from
the street or alley.
(Code 1981, § 8-11.1; Ord. of 12-28-1987; Ord. of 10-9-1995)
Sec. 90-13. - Rules and regulations.
The city manager is hereby authorized to make additional reasonable rules and regulations for the
administration of the solid waste collection for services of all types performed in the city, provided
that no such regulations and rules contravene the specific provisions of this chapter and are in no
way inconsistent with the established policies of the city council.
(Code 1981, § 8-13; Ord. of 5-24-1982)
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Sec. 90-14. - Nonresident refuse deposits.
It shall be unlawful and a nuisance for any nonresident of the city to deposit, place or abandon any
advertising material, paper, rubbish, refuse, garbage, grass clippings, yard waste, etc., or other
offensive matter within the limits of the city for trash collection by the city or otherwise.
(Code 1981, § 8-14; Ord. of 8-23-1982)
Sec. 90-15. – Rates and Billing Procedures.
(a) Rates. The city council shall designate certain reasonable rates to be paid for the collection
of refuse in certain areas, which rates shall be set each year at the time of establishing the
annual budget, and which rates shall apply for that year and for the area designated by the
council. The city manager shall bill residents in accordance with the rates established by
the council and shall be in charge of collecting these charges. In case of delinquencies, the
delinquent amount shall become a lien in accordance with state law.
(b) Billing Procedures. All in-city customers of residences, duplexes and apartment houses
with active utility accounts must have sanitation services included in the list of active
services for the account.
(Code 1981, § 8-16; Ord. of 3-13-1989)
Sec. 90-16. - Violations; penalties.
Any person convicted of violating any provision of this chapter shall be fined in an amount as
provided for in Appendix F—Fees and Fines, and if the violation amounts to an unlawful deposit
of rubbish, refuse or other offensive matter in the corporate limits of the city, he shall be directed
to remove the same, and in the event of his failure to do so, the offensive matter shall be removed
by the city at the expense of the violator. 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.
(Code 1981, § 8-15; Ord. of 8-23-1982; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009)
ADOPTED: MAY 13, 2019
CITY MANAGER'S ANNOUNCEMENTS
Mrs. Donna Mitchell, City Manager, expressed her appreciation for the Public Works Department
during National Public Works Week.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Lindell thanked his family for their support throughout his service on City Council. He also
advised that the past week was Teacher Appreciation Week and noted that he thought they could all
thank a teacher for them being there. Mr. Lindell recognized two of his teachers in the First District
from Smyrna High School, Mr. Michael Myers, his criminal justice teacher his junior year of high
school and Ms. Marge Schuman, his freshman year geography teacher. He also mentioned his 11th
grade pre-calculus teacher who is in her 50th year of teaching at Smyrna High, Ms. Meek.
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Mr. Lindell thanked Councilman Slavin for his service as Council President. He noted that, coming
in as a new member, he was always supportive and sat down and gave him the lay of the land.
Mr. Lindell stated that he appreciates the way Mr. Slavin ran meetings in a good, fair, and firm way.
Mr. Cole announced that the 7th Annual Bike Tour and bike to work would take place on May 15th
beginning with a ceremony at 7:30 a.m. at the Dover Public Library.
Mr. Cole, having two school-aged children, advised that City of Dover Parks and Recreation,
Wesley College, Del Tech, and Kent County Parks and Recreation have an awesome array of
affordable summer camps available.
Mr. Taylor thanked Mr. Hare for his tutelage over the years, his Lord and Savior Jesus Christ for
all of the blessings, and his wife who has tolerated him and his political aspirations. He also
congratulated Chief Mailey on his retirement.
Mrs. Mitchell, City Manager, introduced the new Assistant City Manager, Mr. Matt Harline.
Mr. Sudler moved for adjournment, seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 8:16 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Annual
Meeting of May 13, 2019, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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