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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA MAY 28, 2013 - 5:30 P.M . CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER , DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Downtown Dover Business Improvement District (BID) Budget and Assessment (Tax) Rates for Fiscal Year 2013-2014 (Staff Recommends Approval of the Proposed Budget and Assessment (Tax) Rates for Fiscal Year 2013-14, as Presented) 2. Downtown Dover Partnership (DDP) Loan Guarantee Extension (Staff Recommends Extension of the Downtown Dover Partnership Loan Guarantee For a Period of One Year Effective July 1, 2013 on the Loan Between PNC Bank and the Downtown Dover Partnership) 3. Delaware Solid Waste Authority (DSWA) Municipal Discount Disposal Fee Agreement (Staff Recommends Authorizing the City Manager to Sign the DSWA Municipal Discount Disposal Fee Agreement and the Recyclable Material Agreement) 4. Disposal of Excess Property - 70 Mifflin Road, 299 College Road, and 29 North Kirkwood Street - Offer from Habitat for Humanity (Staff Recommends Determining That These Are Excess Properties and Authorizing the City Manager to Negotiate a Sale Price with Habitat for Humanity That Minimizes the Write-off Amount) 5. Proposed Amendments to Chapter 58 - Human Relations Commission 6. Adjournment by 7:00 p.m. /tm S:\AGENDAS-MINUTES-PACKETS\Committee-Agendas\2013\05-28-2013 LF&A.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

CITY OF DOVER LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE May 28, 2013 BUSINESS IMPROVEMENT DISTRICT - ASSESSMENT (TAX) RATES FOR FISCAL YEAR 2013-2014 Submitted by: Cheryl Russell INTRODUCTION The Business Improvement District (BID) Ordinance adopted by City Council requires that Council must adopt a BID budget and assessment every year. This report presents the proposed budget and assessment for fiscal year 2013-2014. ORDINANCE REQUIREMENT AND BUDGET (A) Appendix D, Article III, Section 9(f) requires that a budget be submitted to City Council for consideration and approval. For your consideration, we have attached the FY 2013-2014 budget showing BID tax revenue and the expenses charged against this revenue (Attachment A). (B) For your consideration, we have also provided the tax calculation worksheet with recommended rates (Attachment B). REQUEST FOR ACTION We request Council to approve the following budget for fiscal year 2013-14 Attachment A, and Assessment (Tax) Rate for 2013-14 - Attachment B. S:\AGENDAS-MINUTES-PACKETS\Committee-Packets\2013\LF&A\05-28-2013\ORIGINALS\1. Downtown Dover Business Improvement District (BID) Assessment (Tax) Rate for Fiscal Year 2013-2014.doc 1

ATTACHMENT A BUSINESS IMPROVEMENT DISTRICT CASH RECEIPTS BUDGET FOR 2013-14 BID TAX REVENUE AND EXPENSES CHARGED AGAINST THIS REVENUE ADMINISTERED THROUGH CITY OF DOVER BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amount hereinafter named aggregating Forty-nine thousand, eight hundred dollars, (49,800) or so much thereof as may be necessary is hereby appropriated from current revenues and other funds for economic development purposes for the fiscal year beginning July 1, 2013, and ending June 30, 2014: REVENUE PROPOSED Tax Revenue $49,800 EXPENSES Personnel & Administration Expenses $49,800 S:\AGENDAS-MINUTES-PACKETS\Committee-Packets\2013\LF&A\05-28-2013\ORIGINALS\1. Downtown Dover Business Improvement District (BID) Assessment (Tax) Rate for Fiscal Year 2013-2014.doc 2

ATTACHMENT B CITY OF DOVER COUNCIL COMMITTEE OF THE WHOLE MEETING May 28, 2013 BUSINESS IMPROVEMENT DISTRICT - ASSESSMENT (TAX) RATES FOR FISCAL YEAR 2013-2014 BUSINESS IMPROVEMENT DISTRICT TAX CALCULATION WORKSHEET JULY 1, 2013 TO JUNE 30, 2014 ZONE 1 ZONE 2 ZONE 3 TOTAL Aggregate Assessments $38,558,700 $58,290,700 $32,830,900 $129,680,300 Assessment Tax Rate per $100 0.0634 0.0349 0.0156 --- Revenue Raised $24,400 $20,300 $5,100 $49,800 % Revenue Raised 49% 41% 10% 100% Number of Parcels 113 105 42 260 Average Assessment $216 $193 $121 $531 NOTE: These figures were estimated per the 2010 reassessed values. The revenue percentages by Zone are per the City of Dover Code Appendix D-Article III, Section 9(e). S:\AGENDAS-MINUTES-PACKETS\Committee-Packets\2013\LF&A\05-28-2013\ORIGINALS\1. Downtown Dover Business Improvement District (BID) Assessment (Tax) Rate for Fiscal Year 2013-2014.doc 3

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Finance DATE SUBMITTED: 05/28/13 PREPARED BY: Donna Mitchell, Controller/Treasurer SUBJECT: Downtown Dover Partnership – Loan Guarantee, City of Dover APPROVALS: Committee & Council EXHIBITS: L, F & A Action Form Dated 3/24/08 – Loan Guarantee, City of Dover EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Loan Payments to be paid from tenant lease payments TIMETABLE: Upon approval RECOMMENDED ACTION: Extension of the Downtown Dover Partnership loan guarantee for a period of one year effective 7/1/13 on the loan between PNC Bank and the Downtown Dover Partnership. BACKGROUND AND ANALYSIS The Downtown Dover Partnership has negotiated new terms for the PNC Loan. The original loan provided for interest only payments with a balloon payment due in July 2013 as outlined in the attached Action Form dated 3/24/08. The new terms are as follows: The Bank has approved an extension of one (1) year on their $1,300,000 loan at interest only until July 1, 2014. The new rate will be floating at LIBOR + 2.50% (currently 2.71%). The rate was a fixed rate at 5.16%. That would show a reduction in annual interest expense from approximately $67,080 to $35,230 or around $31,850 per year, assuming LIBOR remains the same. [LIBOR is a floating Rate index, but has not moved materially for several years. However, there are no guarantees as to what LIBOR might be day to day.] Please note, the Bank will not extend at interest only again past July 1st of 2014. DDP will be requested to develop a specific plan by that date as to how they look to handle the obligation.

EXHIBIT – Prior Action Form ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Finance DATE SUBMITTED: 03/24/08 PREPARED BY: Donna Mitchell, Controller/Treasurer SUBJECT: Downtown Dover Development Corporation – Loan Guarantee, City of Dover APPROVALS: Committee & Council EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Loan Payments to be paid from tenant lease payments TIMETABLE: Upon approval RECOMMENDED ACTION: Approval of the recommendation for the City of Dover to provide a guarantee on a loan to purchase two adjoining parcels located at 120 and 144 So. Governors Avenue, Dover. BACKGROUND AND ANALYSIS The Downtown Dover Development Corporation (DDDC) has solicited loan proposals for Economic Development in the central business district (see attached). Four proposals were received from the following banks. • Citizens Bank • PNC Bank • Wachovia Bank • Wilmington Trust The borrowed amount is greater than the most recent appraisal on the properties. Banks normally require fifteen to twenty percent equity in the property. In order to secure the loan and obtain lowest possible interest rate we are recommending the City guarantee the loan. We have discussed the proposal with our City Solicitor and Bond Counsel to insure compliance with City and State Codes as well as securing the City’s guarantee. The DDDC Board recently met and approved the proposal provided by PNC Bank with the understanding Council approval would be required for the City guarantee. The Proposal is as follows – $1.3 million 5 year balloon Interest only payments (at current rates $47,970 annually) Current Rate 3.69% (will be based on rate at time of closing) Closing cost will be paid from remaining loan proceeds

Downtown Dover Development Corporation Loan Request January 22, 2008 Downtown Dover Development Corporation “DDDC” - Mission The mission of DDDC is to promote the public welfare of the residents of the City of Dover, by promoting and furthering in any way, the development of the economic, cultural, and historic resources of the downtown area of the City of Dover, and to provide for the residents, to the extent that the common good and general welfare of the community is served. In particular the goal of the corporation is to improve the opportunities for job creation, broaden the tax base through the development of commercial and residential potential of the Central Dover area, and to maintain and restore the historic architectural and community qualities of the downtown area consistent with the goals of the National Mainstreet Program. DDDC is seeking financing options for a $1.3 million tax exempt loan with a five year balloon payment. Purpose of Loan – For the purchase of property located at 120 & 144 South Governors Avenue, Dover, De 19904 for redevelopment through the corporations marketing efforts. Current Owner - Millig Property Current Appraisal - $1,127,711 Current Income – Lease # 1 – Tenant: Kent County Community Action Agency, Inc. Date of Lease – April 28, 2004 Lease Term – Ten Years Annual Lease Payments - $36,000, paid in monthly installments $3,000 plus $888.16 per month for 120 consecutive months for building improvements; Annual increases 2.5% Lease # 2 – Tenant: Parts Depot, Inc. Lease Term – 8/31/07 – 8/30/12; Option Period: 8/31/12 – 8/30/17 Annual Lease Payments - $60,057.60, paid in monthly installments $5,004.80; Annual increases approximately 2.8%;

ACTION FORM PROCEEDING: Legislative, Finance and Administration Committee DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: 15 May 2013 PREPARED BY: Scott D. Koenig, P.E. - City Manager SUBJECT: DSWA - Municipal Discount Disposal Fee Agreement REFERENCE: RELATED PROJECT: REVIEWED BY: Sharon J. Duca, P.E., Director of Public Works; Donna Mitchell, Controller EXHIBITS: Exhibit #1 – Municipal Discount Disposal Fee Agreement FY-2014 EXPENDITURE ESTIMATED: $1,315,300 FY-2014 AMOUNT BUDGETED: $1,315,300 FUNDING SOURCE (Dept./Page Budget): Public Works - Sanitation Division, (Contractual Services - 110- 1800-55.30-31) TIMETABLE: New rates to be effective on July 1, 2013. RECOMMENDED ACTION: Authorize the City Manager to sign the DSWA Municipal Discount Disposal Fee Agreement (Exhibit #1) and the Recyclable Material Agreement (Exhibit #2). BACKGROUND AND ANALYSIS The City of Dover uses the Delaware Solid Waste Authority (DSWA) facility located in Sandtown, DE for the disposal of municipal solid waste as well as dry waste generated within our service territory. Our current Municipal Discount Disposal Fee Agreement expires on June 30, 2013. The DSWA has proposed a new agreement and fee schedule as follows: Period Base Rate Rebate/Discount Effective Rate July 1, 2013 – June 30, 2014 $ 85.50 / Ton $ 8.00 / Ton $ 77.50 / Ton July 1, 2014 – June 30, 2015 $ 87.00 / Ton $ 8.00 / Ton $ 79.00 / Ton July 1, 2015 – June 30, 2016 $ 88.50 / Ton $ 8.00 / Ton $ 80.50 / Ton The estimated tonnage for FY-2014 to be delivered to the Sandtown facility is 12,500 tons. This equates to an estimated cost of $ 968,000 (12,500 Tons @ $77.50 / Ton). City staff recommends taking the $8.00 per ton discount on the monthly bill rather than participation in the rebate program. The total estimated expenditure for solid waste disposal including recycling in FY-2014 is $1,315,300. .

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: May 17, 2013 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning and Community Development, and Scott D. Koenig, P.E., City Manager SUBJECT: Disposal of Excess Property – 70 Mifflin Road, 299 College Road, and 29 North Kirkwood Street – Offer from Habitat for Humanity. REFERENCE: N/A RELATED PROJECT: Violation of Dangerous Bulding Ordinance – City Demolition of Subject Properties; City of Dover 2008 Comprehensive Plan; City of Dover Consolidated Plan 2010-2014 APPROVALS: Scott D. Koenig, P.E., City Manager and Donna Mitchell, CPA, City Controller EXHIBITS: Letter dated May 10, 2013 from Jocelyn McBride, Executive Director, Central Delaware Habitat for Humanity; Procedure for Sale and Disposition of Real Property EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: N/A RECOMMENDED ACTION: 1. Determine that the property is excess property; 2. Authorize the City Manager to negotiate a sale price with Habitat for Humanity minimizes the write-off amount. BACKGROUND AND ANALYSIS The City of Dover acquired the subject properties at a monition sale due to liens for demolition expenses. These are excess properties, as the City has no use for the property and is better served by these properties being redeveloped and restored as taxable properties. The City of Dover has a procedure for Sale and Disposition of Real Property. The procedure includes a “Standard Method of Disposition” which begins at the Legislative, Finance and Administration Committee. The steps are articulated in the procedure, but include first a decision by Council (after a favorable recommendation by the Committee) to dispose of the surplus property, and subsequently the method of disposal (auction or sealed bid). The procedure also includes “Exceptions to Standard Method of Disposition”, which states as Exception D, “Donation of Land to Non-Profit Organizations: If, in the opinion of the Dover City Council, the donation of a parcel of excess land to a non-profit organization would be in the best interest of the City of Dover, Council then reserves unto itself the right to make such a donation. In this case, Habitat for Humanity has submitted submitted an offer to purchase the subject properties. Sale of these properties to Habitat for Humanity is consistent with the goals of the City of Dover 2008 Comprehensive Plan and the City of Dover 2010-2014 Consolidated Plan, to foster home ownership for low and moderate income households. This also supports the City’s goal and mandate to affirmatively further fair housing by allowing for location choices for low and moderate income households. If the offers from Habitat for Humanity are accepted, we would need to write off a portion of the City’s costs for demolition and the other charges. A summary of the write-offs is as follows, based on the the offer from Habitat for Humanity and the lien value.

Address Offer Price Lien Amount Write-Off City’s Assessed Amount Land Value 70 Mifflin Road $10,000 $12,175.68 $2,175.68 $67,400 29 N. Kirkwood Street $5,000 $16,511.12 $11,511.12 $24,200 299 College Road $8,000 $17,870.26 $9,870.26 $51,700 By following the “Standard Method of Disposition”, the City could potentially recover all of its costs or make money on the sale over and above the the lien values; however, that is subject to the marketability of the properties. When the City acquired the properties at the monition sale, we were not outbid by other bidders. Additionally, by selling to Habitat for Humanity, we would be ensured that the lots would be developed and occupied by homeowners, and homeownership is important in creating strong communities. The City Manager’s Office has also received two other letters of interest from persons interested in purchasing 299 College Road; however, the interested parties are not non-profit organizations and would not be eligible for the Exception D to the “Standard Method of Disposition”.

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 05/28/13 DEPARTMENT OF ORIGIN: City Council PREPARED BY: Denise L. Devine, Assistant City Clerk, on Behalf of Councilman James Hutchison, Sr. SUBJECT: Dover Human Relations Commission DATE SUBMITTED: 05/23/2013 RELATED PROJECT: N/A APPROVALS: LF&A Committee and City Council EXHIBITS: Dover Community Meeting Minutes (May 1, 2001 - December 4, 2001); Chapter 58 - Human Relations, Article II - Human Relations Commission of the Dover Code TIMETABLE: Direct staff to prepare a Proposed Ordinance reflecting the recommendation of the Committee for First Reading by City Council during the Regular Meeting of June 10, 2013 RECOMMENDED ACTION: Councilman Hutchison requests that the Legislative, Finance, and Administration Committee examine the role and performance of the Dover Human Relations Commission to determine the following: 1) if the Commission is fulfilling its purpose; 2) if there is evidence of a continued necessity for the Commission, or if it is a duplication of services provided by other agencies, committees, etc. within the City and/or State of Delaware; 3) the possibility of amending Sec. 58-33 (c) - Meetings, of the Dover Code to limit the Commission to meeting on an as needed basis, in the same manner as many other City committees, commissions and boards, including the Construction Code Appeals Committee, Election Board, Ethics Commission, and Property Maintenance Code Board of Appeals; 4) the possibility of amending Sec. 58- 32 (b) - Composition; appointment, of the Dover Code to reduce the membership of the Commission from fifteen (15) to seven (7), which would maintain the threshold originally proposed during the Dover Community Meeting of December 4, 2001; and 5) direct staff to prepare a Proposed Ordinance reflecting the recommendation of the Committee for First Reading at City Council during the Regular Meeting of June 10, 2013 and Final Reading on June 24, 2013. BACKGROUND AND ANALYSIS In 2001, two (2) incidents occurred during the month of March (one (1) involving the shooting of a police officer in the Capital Green area, and one (1) involving the death of Mr. Reginald Hannah) which caused racial tension and divisiveness within the City of Dover. As a result, Mayor Hutchison requested an Emergency Council Meeting to discuss the conflicting issues involving the community, which was held on March 25, 2001. Subsequently, the Delaware Human Relations Commission held a series of Dover Community Meetings throughout the year (Exhibits), to begin a dialogue and develop objectives to restore and rebuild the community, together with all citizens of Dover. Those in attendance at these Community Meetings worked to develop and prioritize a list of issues as well as strategies and objectives for resolution. During the Dover Community Meeting held on August 28, 2001, those present reviewed five (5) alternatives for developing a forum for the community. During the Dover Community Meeting of September 25, 2001, Councilman Eugene Ruane reviewed a list of what he felt the responsibilities of a local Human Relations Commission would entail.

Legislative, Finance, and Administration Committee Meeting of May 28, 2013 Page 2 Committee Action Form - Dover Human Relations Commission During their Regular Meeting of February 22, 2002, Dover City Council adopted an ordinance establishing the City of Dover Human Relations Commission. The Commission was established to restore and rebuild the community, however, during the past several years, the Commission has experienced low meeting attendance rates, by both members and citizens, and the Mayor and Council have received resignations from numerous members. As a result, the Commission has experienced difficulty in obtaining the required quorum of members to convene meetings and conduct official business. Additionally, there is a lack of communication between the Commission and Council, as well as between the Commission and members of City staff. The Commission has repeatedly jeopardized the City’s compliance with the Freedom of Information Act (FOIA) through its disregard of requests to provide detailed meeting minutes. Councilman Hutchison requests that the Legislative, Finance, and Administration Committee examine the role and performance of the Dover Human Relations Commission to determine the following: 1) if the Commission is fulfilling its purpose; 2) if there is evidence of a continued necessity for the Commission, or if it is a duplication of services provided by other agencies, committees, etc. within the City and/or State of Delaware; 3) the possibility of amending Sec. 58-33 (c) - Meetings, of the Dover Code to limit the Commission to meeting on an as needed basis, in the same manner as many other City committees, commissions and boards, including the Construction Code Appeals Committee, Election Board, Ethics Commission, and Property Maintenance Code Board of Appeals; 4) the possibility of amending Sec. 58-32 (b) - Composition; appointment, of the Dover Code to reduce the membership of the Commission from fifteen (15) to seven (7), which would maintain the threshold originally proposed during the Dover Community Meeting of December 4, 2001; and 5) direct staff to prepare a Proposed Ordinance reflecting the recommendation of the Committee for First Reading at City Council during the Regular Meeting of June 10, 2013 and Final Reading on June 24, 2013. S:\CAFS\05-28-2013-LF&A-Human Relations Commission Historical Overview CAF.wpd

EXCERPT FROM CITY COUNCIL MEETING MINUTES OF OCTOBER 22, 2001 HUMAN RELATIONS COMMITTEE UPDATE Ms. Juana Fuentes-Bowles, Director of the Delaware State Division of Human Relations advised members that a group of community members have worked diligently to begin dialogue, and develop objectives and strategies to restore and rebuild the community. As an enforcement agency of the State Human Relations Commission, she stated that there are many tasks one of which is to promote amicable relationships among all racial ethnical groups in the State of Delaware. During the past six (6) months, the State Human Relations Commission felt that due to the climate in the Dover community, it was important to take necessary steps to develop strategies to avoid potential escalating tension within the community. Ms. Fuentes-Bowles relayed appreciation for those members of Council and staff that have been participating in the meetings that have occurred for the past several months. As a result, she stated that the group has identified seven (7) priority issues that need to be addressed, as follows: 1) concerns of citizens; 2) how citizens are viewed by local officials; 3) how citizens view the Dover Police Department; 4) isolation; 5) Dover Police Department recruitment, promotions, retention, new hires, minority group members, etc.; 6) role of the Capital School District; and 7) the media. Referring to the first issue being citizens’ concerns, Ms. Fuentes-Bowles explained that citizens feared that if they made a complaint, there would be adverse actions towards them, and that many were not aware of how to make a complaint to the City or the Police Department. A Task Force was developed in formulating a process to address these issues. On behalf of the Task Force, she presented a new Citizen Complaint Form and Citizen Complaint Process Brochure to Chief Horvath developed to be used by the City of Dover Police Department. It is hoped that the Chief, as well as Mayor and Council will welcome and implement the form and brochure as a part of City policy. On behalf of the Dover Police Department, Chief Horvath commended all those that worked on this project and relayed assurance that the new form and brochure will be utilized, stating his feeling that it will enhance the department’s public service. Ms. Fuentes-Bowles advised members that the next Human Relations Commission’s meeting is scheduled to be held on November 20, 2001 at 6:30 p.m. at the State DelDOT facility. The topic for discussion is to consider the establishment of a local Human Relations Commission. Council President McGlumphy thanked Ms. Fuentes-Bowles and the members of the Human Relations Commission and other community participants for beginning the building of harmony in the City and for taking positive action in this regard.

Municode Page 1 of 3 Dover, Delaware, Code of Ordinances >> PART II - CODE OF ORDINANCES >> Chapter 58 - HUMAN RELATIONS >> ARTICLE II. - HUMAN RELATIONS COMMISSION >> ARTICLE II. - HUMAN RELATIONS COMMISSION Sec. 58-31. - Purpose. Sec. 58-32. - Established; composition; appointment; representation; holding other office; removal from office; terms of office; vacancies; reappointments. Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of functions; agreements; compensation; legal counsel; reports. Sec. 58-34. - Expenses. Sec. 58-35. - Conflicts of interest. Sec. 58-36. - Powers and duties. Sec. 58-31. - Purpose. The city council has deemed it to be in the best interest of the city to establish a human relations commission to include members who are broadly representative of the entire community and who are committed to a philosophy of inclusion, intergroup cooperation, and fair treatment that will effectively help the city meet the following needs: (1) Fairness, respect. Promote and develop an environment of fairness and respect among its citizens; (2) Monitoring. Develop ways to measure and monitor community relations, particularly those that are sources of intergroup conflict; (3) Intergroup relations. Involve all segments of the community in understanding and appreciating the benefits of positive intergroup relations; (4) Issues. Offer a range of programs and services that will help its residents and neighborhoods prevent and resolve issues of human relations; and (5) Intergroup conflict. Develop ways of anticipating, preparing for, and relieving community tensions arising from intergroup conflict. (Code 1981, § 2-16; Ord. of 2-11-2002) Sec. 58-32. - Established; composition; appointment; representation; holding other office; removal from office; terms of office; vacancies; reappointments. (a) Established. There is hereby established an advisory commission to be known as the "City of Dover Human Relations Commission," to carry out the objectives as described in this article. (b) Composition; appointment. The commission shall consist of 15 members, all residents of the city. Five of these members shall be appointed by the mayor and confirmed by the city council. Ten of these members shall be appointed by the president of the council, based upon recommendations from the council and confirmed by the council. (c) Representation. In selecting the membership of the commission, the mayor and president of the council and the council shall take particular care to ensure that the commission is broadly representative of racial, religious, gender and ethnic groups residing in the city. http://library.municode.com/print.aspx?h=&clientID=13910&HTMRequest=http%3a%2f... 5/23/2013

Municode Page 2 of 3 (d) Holding other office; removal. No member of the commission shall hold any elected or appointed office under the government of the United States or the state, county, or city. The mayor or the city council president may remove members of the commission, with the concurrence of the city council, for substantial neglect of duty, or gross misconduct in office. (e) Terms of office; vacancies. A member of the commission shall be appointed for a term of office of three years and until his successor has been appointed and has qualified. The appointees shall be appointed for staggered terms of office. When a vacancy occurs in the membership of the commission, it shall be filled by appointment for the unexpired portion of the term in the same manner as the original appointment. (f) Reappointments. Members may be reappointed. (Code 1981, § 2-17; Ord. of 2-11-2002; Ord. No. 2010-23, 8-23-2010) Sec. 58-33. - Organization; quorum; meetings; rules of procedure; limitation of functions; agreements; compensation; legal counsel; reports. (a) Organization. The human relations commission shall annually elect its own chairperson to preside over its meetings and may create and fill such other offices and committees among its members as may be found necessary and proper for its effective organization. (b) Quorum. A majority of the membership of the commission shall constitute a quorum and, if a quorum is present, a vacancy on the commission shall not impair the right of the remaining members to exercise all the powers of the commission. (c) Meetings. The commission shall hold such meetings as may be deemed necessary for the completion of its purposes, responsibilities and functions. Regular meetings shall be held at least once per month unless there is no business to be considered by the commission. Special meetings may be called by the chairperson or three members of the commission. (d) Rules of procedure. The commission is also authorized to adopt rules of procedure for the conduct of its meetings. (e) Functions limited. The commission shall not involve itself in activities or functions already assigned by law or decree to other governmental bodies. (f) Agreements. The commission may enter into agreements and build partnerships with other entities and organizations for the purpose of more efficiently and effectively carrying out its responsibilities. (g) Compensation. Members of the commission shall receive no compensation. (h) Legal counsel. The city solicitor shall provide legal counsel to the commission and shall be the legal representative of the commission in connection with its duties hereunder, on a case -by-case basis, or determine that outside counsel is needed and obtain such outside counsel for a particular matter. (i) Reports. The commission shall make such reports to the mayor and city council as shall be periodically necessary. An annual report of its accomplishments and a summary of its recommendations, as appropriate, shall be sent to the mayor and the city council. (Code 1981, § 2-18; Ord. of 2-11-2002) Sec. 58-34. - Expenses. (a) Budget. The city council may appropriate a budget for the city human relations commission to provide for necessary expenses and expenditures. (b) http://library.municode.com/print.aspx?h=&clientID=13910&HTMRequest=http%3a%2f... 5/23/2013

Municode Page 3 of 3 Other funding. The commission may also receive funding from other governmental, philanthropic or private organizations for the exclusive purpose of carrying out its responsibilities. (Code 1981, § 2-19; Ord. of 2-11-2002) Sec. 58-35. - Conflicts of interest. If any member of the human relations commission concludes that he has a conflict of interest with respect to a matter which is pending before the commission, that member shall disqualify himself from participating in any deliberations, discussions and decision making processes of the commission. (Code 1981, § 2-20; Ord. of 2-11-2002) Sec. 58-36. - Powers and duties. The powers and duties of the human relations commission shall be to: (1) Recommendations. Review city programs, activities, functions and ordinances, and make recommendations to the city council for new, amended or changed programs, functions, activities or ordinances which would support inclusiveness and civility among city residents and enhance communication and understanding among residents of the city; (2) Intergroup conflicts. Inquire into incidents of intergroup conflicts and disputes within the city and take such action as may be designed to alleviate such conflicts and disputes; (3) Intergroup cooperation. Promote and encourage communications between and cooperation of all groups interested in bettering human relations in the city; (4) Complaints. Seek the active assistance of the state human relations commission in the solution of complaints of alleged discrimination which fall within the jurisdiction of the state commission; (5) Research, education, etc. Engage in such research, education and advocacy as, in the judgment of the commission or the city council, may be needed to improve human relations in the city; (6) Programs. Develop and maintain programs that build positive relations among communities and enhance problem-solving skills among residents throughout the city; (7) Other functions. Do all other acts and deeds necessary and proper to carry out and effectively accomplish the objectives, functions and services contemplated by the provisions of this article. (Code 1981, § 2-21; Ord. of 2-11-2002) http://library.municode.com/print.aspx?h=&clientID=13910&HTMRequest=http%3a%2f... 5/23/2013