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REGULAR COUNCIL MEETING
AGENDA
NOVEMBER 23, 2015 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER, DELAWARE
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)
THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC
TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF
ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN
FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN
COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION
SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR
AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE.
INVOCATION BY CHAPLAIN WALLACE DIXON
PLEDGE OF ALLEGIANCE LED BY MAYOR CHRISTIANSEN
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON-
CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) AND WILL BE ACTED UPON BY A SINGLE
ROLL CALL VOTE OF THE COUNCIL. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS A MEMBER OF COUNCIL SO REQUESTS, IN WHICH EVENT THE MATTER SHALL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE ITEM.
* 1. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 9, 2015
2. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -
NOVEMBER 9, 2015
* A. COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM QUARTERLY UPDATE
(JULY, AUGUST, AND SEPTEMBER)
(COMMITTEE ACTION NOT REQUIRED)
B. YOUTH ADVISORY COMMITTEE RECOMMENDATIONS - NEW YEAR'S EVE EVENT
(COMMITTEE RECOMMENDED ACCEPTANCE OF THE YOUTH ADVISORY COMMITTEE
RECOMMENDATIONS PROVIDED BY MR. KOENIG AND MRS. MITCHELL IN REGARD TO THE
EXPENSES AND INSURANCE FOR THE EVENT)
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COUNCIL AGENDA - NOVEMBER 23, 2015 PAGE 2
* 3. UTILITY COMMITTEE REPORT - NOVEMBER 9, 2015
A. ELECTRIC DEPARTMENT INTEGRATED RESOURCE PLAN (IRP) INFORMATION
DISCUSSION
(COMMITTEE ACTION NOT REQUIRED)
B. QUARTERLY REVIEW OF UTILITY RELATED CAPITAL INVESTMENT PLAN (CIP)
(ELECTRIC AND WATER/WASTEWATER)(JULY, AUGUST, AND SEPTEMBER)
(COMMITTEE ACTION NOT REQUIRED)
C. TEA/NAES REPORTS (AUGUST AND SEPTEMBER)
(COMMITTEE ACTION NOT REQUIRED)
D. UPDATES
(COMMITTEE ACTION NOT REQUIRED)
* 4. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - NOVEMBER 9, 2015
A. CITY OF DOVER E-MAIL ADDRESSES FOR COUNCIL MEMBERS
(COMMITTEE RECOMMENDED STAYING WITH THE CITY OF DOVER EMAIL SYSTEM AS IT
STANDS NOW AND FOR THE CITY CLERK TO PROVIDE INFORMATION TO MEMBERS
REGARDING RECORDS RETENTION)
B. STATUS OF PERFORMANCE AUDIT OF CIVILIAN SIDE OF CITY GOVERNMENT
(COMMITTEE ACTION NOT REQUIRED)
C. PROPOSED CHANGE TO COMMITTEE MEETING FORMAT
(COMMITTEE RECOMMENDED COMMENCING THE COMMITTEE OF THE WHOLE MEETING
FORMAT DURING THE FIRST MEETINGS IN JANUARY AND TRY IT FOR A FEW MONTHS, AND
IF MEMBERS DECIDE TO ADOPT THE FORMAT AS ONE (1) OF THE PROTOCOLS FOR THE
NEXT COUNCIL YEAR, THAT THIS BE DONE DURING THE ANNUAL MEETING)
5. RESCHEDULING OF PLANNING COMMISSION PUBLIC HEARING - PROPOSED ORDINANCE
#2015-20 AMENDING APPENDIX B - ZONING, ARTICLE 12 - DEFINITIONS
THE FIRST READING OF THE PROPOSED ORDINANCE WAS HELD ON NOVEMBER 9, 2015 AT WHICH
TIME THE ORDINANCE WAS REFERRED TO THE PLANNING COMMISSION FOR A PUBLIC HEARING
ON DECEMBER 21, 2015. THAT PLANNING COMMISSION MEETING HAS BEEN RESCHEDULED FOR
WEDNESDAY, DECEMBER 16, 2015 AT 7:00 P.M. IT IS RECOMMENDED FOR REFERRAL TO THE
PLANNING COMMISSION ON DECEMBER 16, 2015. THE PUBLIC HEARING BEFORE CITY COUNCIL
WILL TAKE PLACE ON JANUARY 11, 2016 AT 7:30 P.M., AT WHICH TIME THE FINAL READING AND
COUNCIL ACTION WILL TAKE PLACE. COPIES OF ALL PROPOSED ORDINANCES ARE AVAILABLE AT
THE ENTRANCE OF THE COUNCIL CHAMBERS OR CAN BE OBTAINED FROM THE CITY CLERK’S
OFFICE.
6. EVALUATION OF BIDS - FY 2016 FALL STREET AND ALLEY PROGRAM
(STAFF RECOMMENDS AWARDING A UNIT PRICE CONTRACT, BASED UPON BID #16-0015PW
FOR THE FY 2016 FALL STREET AND ALLEY PROGRAM TO SAM’S CONSTRUCTION BASED
ON THE PREVAILING WAGE UNIT PRICES FOR EACH WORK ITEM SUBMITTED. THE ESTIMATED
VALUE OF THE CONTRACT IS $740,735.00. WORK WILL BE PERFORMED IN STRICT
ACCORDANCE TO THE BID SPECIFICATIONS.)
7. EVALUATION OF REQUESTS FOR PROPOSALS - FINANCIAL ADVISOR SERVICES
(STAFF RECOMMENDS THE APPROVAL OF A FIVE (5) YEAR SERVICE CONTRACT FOR
FINANCIAL ADVISOR SERVICES WITH PUBLIC FINANCIAL MANAGEMENT, INC.)
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COUNCIL AGENDA - NOVEMBER 23, 2015 PAGE 3
* 8. REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN - ST. JONES GREENWAY
COMMISSION - THREE (3) YEAR TERMS TO EXPIRE DECEMBER 31, 2018
A. JAMES BURCHAM
B. MICHAEL P. MERCER
C. ANN MARIE TOWNSHEND (EX-OFFICIO)
* 9. ELECTION OF OFFICERS - ROBBINS HOSE COMPANY - YEAR 2016 FIRE LINE OFFICERS
FIRE CHIEF - CARLETON CAREY, JR. (UNCONTESTED)
DEPUTY FIRE CHIEF - RONALD RHODES (UNCONTESTED)
FIRST ASSISTANT FIRE CHIEF - DAVID CAREY (UNCONTESTED)
SECOND ASSISTANT FIRE CHIEF - GLENN WHITT (UNCONTESTED)
THIRD ASSISTANT FIRE CHIEF - DUANE REEDER
FOURTH ASSISTANT FIRE CHIEF - MICHAEL O’CONNOR, JR.
FIRST FIRE LINE CAPTAIN - MICHAEL O’CONNOR, III
SECOND FIRE LINE CAPTAIN - DAVID KNIGHT
10. REZONING REQUEST FOR PROPERTY LOCATED AT 904, 910, 930, 950, 956, 970, 986, AND
992 WHATCOAT DRIVE - FIRST READING OF PROPOSED ORDINANCE #2015-23
THE FIRST READING IS OFFERED ON THE PROPOSED ORDINANCE. IT IS RECOMMENDED FOR
REFERRAL TO THE PLANNING COMMISSION ON DECEMBER 16, 2015 AND THAT A PUBLIC HEARING
BE SET FOR JANUARY 11, 2016 AT 7:30 P.M., AT WHICH TIME THE FINAL READING AND COUNCIL
ACTION WILL TAKE PLACE. COPIES ARE AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS
OR CAN BE OBTAINED FROM THE CITY CLERK'S OFFICE.
A. PROPERTY LOCATED AT 904, 910, 930, 950, 956, 970, 986, AND 992 WHATCOAT DRIVE,
OWNED BY WHATCOAT COMMUNITY DEVELOPMENT, INC. THIS PROPERTY IS
CURRENTLY ZONED RG-1 (GENERAL RESIDENCE ZONE) AND SUBJECT TO THE COZ-1
(CORRIDOR OVERLAY ZONE) AND THE PROPOSED ZONING IS RG-2 (GENERAL
RESIDENCE ZONE) AND SUBJECT TO THE COZ-1 (CORRIDOR OVERLAY ZONE)
(TAX PARCEL: ED-05-067.19-02-11.00-000, FOURTH COUNCIL DISTRICT; PLANNING REFERENCE: Z-15-04)
11. FIRST READING - PROPOSED ORDINANCES
THE FIRST READING IS OFFERED ON THE FOLLOWING PROPOSED ORDINANCES. FINAL ACTION BY
COUNCIL WILL TAKE PLACE DURING THE SECOND READING OF THE ORDINANCES ON DECEMBER 14,
2015. COPIES OF ALL PROPOSED ORDINANCES ARE AVAILABLE AT THE ENTRANCE OF THE COUNCIL
CHAMBERS OR CAN BE OBTAINED FROM THE CITY CLERK'S OFFICE.
A. ORDINANCE #2015-21 AMENDING CHAPTER 82 - PLANNING AND APPENDIX F - FEES AND
FINES (PROPOSED NEW REVENUE SOURCES)
(LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
B. ORDINANCE #2015-22 AMENDING CHAPTER 110 - UTILITIES, ARTICLE II - ELECTRIC
SERVICE AND APPENDIX F - FEES AND FINES (REVIEW AND MAINTENANCE OF
PLANNING AND CUSTOMER SERVICE FEES)
(LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
12. COUNCIL MEMBERS’ ANNOUNCEMENTS
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-AGENDAS\2015\11-23-2015.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.
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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on November 9, 2015 at 7:30 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson (departed at 8:46 p.m.; returned at
8:49 p.m.), Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Hosfelt, Mr. Hare (departed at 8:24 p.m.; returned at
8:26 p.m.), and Mr. Hutchison. Mr. Lewis was absent.
Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mrs. Townshend,
Fire Chief Hall, Mr. Koenig, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was
also present (departed at 7:39 p.m.).
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Slavin declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Reverend Theodore Henderson, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Neil and unanimously
carried.
Mr. Neil moved for approval of the Consent Agenda, seconded by Mr. Cole and carried by a
unanimous roll call vote (Lewis absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 26, 2015
The Minutes of the Regular Council Meeting of October 26, 2015 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Cole and bore the written approval of
Mayor Christiansen.
PRESENTATION BY MAYOR CHRISTIANSEN - NATIONAL LEAGUE OF CITIES (NLC)
MILESTONE AWARD
Mayor Christiansen presented the National League of Cities (NLC) Milestone Award to Council
President Slavin. Mayor Christiansen stated that he had accepted the award commemorating the
City’s 50 years of continuous membership and leadership in the NLC on behalf of City Council, City
staff, and the citizens of the City of Dover during the NLC Conference in Nashville, Tennessee. He
explained that in the early 1960s Mayor Crawford Carroll and members of Council worked to
establish the Delaware League of Local Governments (DLLG) and, as part of that organization, also
joined the NLC in 1965. Mayor Christiansen noted that NLC was an advocate group for cities and
towns across the country and the City’s participation was a great benefit.
Council President Slavin thanked all of the mayors and members of Council who previously served
and authorized the City’s membership in the NLC.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 2
PROCLAMATION - GEOGRAPHIC INFORMATION SYSTEMS (GIS) DAY AND
GEOGRAPHY AWARENESS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, fascination with the earth’s geography inspired the early explorers of our country to
learn and record information about the surface of the land and its people, environments, resources,
political boundaries, and characteristics and today remains a fundamental part of our national
heritage; and
WHEREAS, geographic information has many useful applications for our municipal government
and is a valuable resource used in the analysis of infrastructure, emergency services, economic
development, and long-range planning; and
WHEREAS; Geographic Information Systems (GIS) technology provides an efficient means of
managing geographic information and providing data that allows for effective decision-making and
improved delivery of services to the residents of the City of Dover and our surrounding area; and
WHEREAS, the City of Dover's GIS Division plays a vital role in the continued growth of the City
and has been nationally recognized for its outstanding efforts in the advancement of GIS and its
foresight in creating programs that can be used to better manage services in the City.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim November 18, 2015 as GIS Day, and November 15 – 21, 2015
as GEOGRAPHY AWARENESS WEEK in the City of Dover and urge all residents to adopt the
national Geography Awareness Week theme, "Explore! The Power of Maps," and encourage all
citizens to participate in this special observance.
Mayor Christiansen presented the Proclamation to Mr. Jason Lyon, Water/Wastewater Manager,
Department of Public Works, noting the importance of GIS in the daily operations of the entire City.
On behalf of the Public Works Department and the GIS Division, Mr. Lyon thanked the Mayor and
members of Council. He reiterated that GIS is an important aspect of the City and informed
members that everyone has the ability to access it on their smart phone. Mr. Lyon stated that the
amount of material that can be used in GIS is limitless and that the City is going to strive to utilize
it as much as they can in the future.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 1032-1058 SOUTH DUPONT HIGHWAY, OWNED BY
BMDR LLC
A public hearing was duly advertised for this time and place to consider a violation of
the Dangerous Building Ordinance at 1032-1058 South Dupont Highway, owned by BMDR LLC.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, explained that
the property is a two (2) story, wood-framed/blocked commercial building. The structure was
condemned by City staff on September 3, 2014, due to possible asbestos contamination with
businesses located on the first floor of the structure. Renovations and asbestos abatement had begun
on the second floor without any permits and the abatement area was not properly contained, causing
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 3
asbestos fibers to enter the business tenant spaces on the first floor. Walls were removed without
approved building plans or a building permit. Ultimately, the asbestos abatement was completed in
accordance with Department of Natural Resources and Environmental Control (DNREC)
requirements. Due to the removal of walls on the second floor, the City required a structural
engineering report prior to allowing the building to be occupied. Building plans prepared by a
licensed architect are required in order for the City to issue a building permit for renovations. To
date, building plans and a permit application had not been submitted. The electric and water services
were terminated on March 12, 2015. Currently the structure was registered as a vacant building, with
no utilities, and numerous outstanding code violations.
Mrs. Townshend reviewed a presentation depicting the condition of the structure (Exhibit #1).
Staff recommended that City Council take the following action for property located at 1032-1058
South Dupont Highway: 1) declare this building dangerous; 2) order the property demolished by
December 9, 2015 by the owner or equity owner at their own risk; 3) order the Building Inspector
to cause the demolition of the structure if not completed by the owner within 10 days of the date
established by City Council; and 4) order the City Manager with the assistance of the City Solicitor
to cause the cost of demolition to be charged against the land on which the building exists as a
municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied
as a special tax, or to be recovered in a suit at law against the owner.
Mrs. Townshend stated that she and Councilman Hare met onsite with Mr. Robert MacLeish, Sr.,
Lighthouse Construction, Inc. on Friday, November 6, 2015. She noted that Mr. MacLeish was
working with the building owner, Dr. Ramani, and she expected that members would hear from the
owners during the public hearing about their plans and a request for time to make repairs.
Responding to Mr. Sudler, Mrs. Townshend stated that Dr. Ramani was the same individual who
owned the building last year.
Mr. Sudler asked whether Dr. Ramani had provided an explanation as to why the building had been
vacant and not repaired within the last year. In response, Mrs. Townshend indicated that
Mr. MacLeish would probably address that question during the public hearing. She stated that
Mr. MacLeish and an architect had been working on building plans and it had taken more time,
noting that the nuisance condition had put the City in a tough spot regarding this building.
Mr. Hosfelt asked if there had been any criminal complaints logged with the Police Department
regarding this property. Responding, Mrs. Townshend stated that she did not have any data from the
Police Department but the City had received complaints from the neighbors. She advised that the
impetus for the meeting on Friday, November 6, 2015 and this matter being brought forward to
Council was an email from a neighbor that was very constructive, but very critical of the time that
it had taken for the City to address the nuisance that the property is creating. Mrs. Townshend noted
that there may be neighbors present during the public hearing who can speak about the problems that
they are experiencing.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 4
In response to Mr. Hosfelt, Mrs. Townshend explained that the company that was doing the asbestos
abatement was licensed by DNREC; however, the company was not following the proper protocol
and, ultimately, the property owner is responsible. Mrs. Townshend informed members that there
was a Secretary’s Order from DNREC that specified how the asbestos clean up was supposed to
happen, and it was a multi-month process just to get the asbestos issue worked out.
Mr. Hare noted that, since his meeting with Mr. MacLeish on November 6, 2015 to discuss what
needed to be done and the expectation, he had been driving by the property on a regular basis. He
informed members that a new stockade fence was being put up across the back to separate the
property from the homeowners. Mr. Hare stated that it appeared that Miss Utility had been there
and sprayed where the lines exist. He indicated that there was another building on the property that
would be demolished; however, it was his belief that asbestos would have to be removed first.
Mr. Hare expressed his opinion that things had started going in a positive direction. He noted that
he had talked to some of the neighbors, some of whom had indicated that they were okay to a certain
degree; others said that they would wait and see. Mr. Hare stated that some of the neighbors were
concerned about homeless people walking through their backyards.
Council President Slavin declared the public hearing open.
Mr. Bob Hartman, 35 Lotus Street, Dover, stated that he had been to the property and they had begun
putting up the fence, but that was the only progress he saw. He informed members that Police Chief
Paul Bernat got Mr. Hartman’s neighborhood involved with the site next door, and the neighborhood
had been talking about vacant buildings and crime in their neighborhood. Mr. Hartman stated that
there were robberies, people going through cars, a break-in, vandalism, and spray painting in his
neighborhood and, although it might not seem like a lot compared to other neighborhoods, his
neighbors were concerned.
Mr. Hartman stated that his neighbors did not understand why the City had not taken action
regarding the property located at 1032-1058 South Dupont Highway. He informed members that he
was involved in the onsite meeting with the contractor and Councilman Hare and thanked
Councilmen Hare and Lewis, as well as Mayor Christiansen, for helping to bring this matter forward
to Council.
Mr. Hartman expressed his opinion that, so far, the owner of the property located at 1032-1058 South
Dupont Highway had been a very bad neighbor. Referring to the illegal asbestos abatement, he noted
that asbestos does not go away. Mr. Hartman indicated that if the owner were to look out the top of
the building, where the asbestos was illegally removed, he would see kids playing in the yards behind
the building. He stated that there was no fence that separated the yards from the building and
expressed his belief that the property owner would not want his kids there. Mr. Hartman stated that
the property owner needs to be a better neighbor, and Council needs to recognize that the City needs
to do their job and hold the owner’s feet to the fire to make him a better neighbor if he will not do
it on his own. He asked that if Council gives the property owner another chance, not to give him a
second chance and to follow through on this dangerous building and get it taken care of.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 5
Mr. Robert MacLeish, Sr., Lighthouse Construction, Inc., 859 Golf Links Lane, Magnolia, stated that
he had been involved with this project since mid-May. He was initially contacted to try to rectify
some of the issues on the property and, since that time, the asbestos removal had been completed and
approved by DNREC. Mr. MacLeish stated that a structural engineer reviewed the building and a
letter was submitted to the City regarding the structural soundness of the building. He explained that
they engaged the services of Moonlight Architecture on June 9, 2015 and the initial plan was to
renovate the existing building. Mr. MacLeish stated that there were a couple of challenges, including
the heights on the second floor, but by the first week of July, they had reviewed the budget with
Dr. Ramani and had a meeting with his real estate advisor, who indicated that he would have a lot
of trouble trying to rent the spaces on the first and second floor.
Mr. MacLeish advised that during the second week of September, the architect provided plans to
maintain the exterior walls of the structure and demolish the interior of the building. These plans
were then reviewed by the structural engineer. He stated that he had ongoing conversations with
Mrs. Townshend as well. Mr. MacLeish indicated that they were working through the process and
then the project came to a halt. Noting that he had been in this business for almost 40 years, he
explained that sometimes he has to wait on other individuals and it is just part of the process.
Mr. MacLeish informed members that since the onsite meeting, they had started putting up the
permanent fence behind the property and he hoped that it would be completed by
Wednesday, November 11, 2015.
Mr. MacLeish stated that they had received approval from DNREC for asbestos removal from the
other building on the property, which was not part of this request. He informed members that the
asbestos removal would be completed the following day and demolition would commence on
Monday, November 16, 2015 and, hopefully be completed just after Thanksgiving. Mr. MacLeish
indicated that they also got a construction fence which would be poured into the pavement. He
explained that this fence was approximately 800 feet long with two (2) main gates and would secure
the site. Mr. MacLeish stated that they coordinated with the City Fire Marshal’s Office to ensure that
access for emergency vehicles is maintained.
Referring to the primary building, Mr. MacLeish stated that bids were due by November 19, 2015,
and it was his hope that a contract would be awarded within one (1) week. He indicated that
demolition would take two (2) to three (3) weeks, depending on the weather. Mr. MacLeish stated
that the final building would be similar to the building that he recently completed on New Burton
Road. He noted that the project had been coordinated with the City of Dover, conservation, the
Delaware Department of Transportation (DelDOT), etc., in order to begin construction.
Responding to Mr. Hutchison, Mr. MacLeish stated that Fisher Environmental, LLC completed the
asbestos abatement and received all of the releases from DNREC.
In response to Mr. Hutchison regarding how long it would take to complete the construction of the
building, Mr. MacLeish stated that he expected it to be complete by the end of July 2016.
Mr. Anderson asked how valuable the building was and questioned the value in keeping the exterior
walls, rather than demolishing the entire building and building another structure. Responding,
Mr. MacLeish stated that he does not value the building, that would be done by an appraiser. He
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 6
only looks at the construction cost. In regard to the plans for the current building, Mr. MacLeish
advised that there was nothing wrong with the slab or the exterior block walls, and it would be more
costly to demolish and rebuild the entire structure. From an economic sense, he would not
recommend demolishing a usable structure to any client. He stated that he is always challenged to
reuse everything possible.
Mr. Anderson asked, in addition to the fencing, if there were other security plans, such as security
cameras, that would make the residents feel more secure. In response, Mr. MacLeish stated that
there was currently a fence located on the rear property line, separating the residents from the
property. He noted that the fence would be extended and they would be putting up a six (6) foot tall
fence as well. Mr. MacLeish stated that the entire site would be enclosed and secure, noting that
there would be a lock with a key pad to allow for emergency access if needed. He explained that
they did not plan on installing any cameras; however, there would be temporary lighting. He noted
that, with the exception of the exterior walls, there was really nothing on the site and someone would
have to climb over a six (6) foot tall fence to gain access.
Responding to Mr. Hutchison, Mr. MacLeish confirmed that he had a contract with the property
owner to do the project from start to finish.
There being no one else present wishing to speak, the public hearing was closed.
Mr. Neil reminded members that the City is faced with similar problems with individual homes and
other dangerous buildings. He stated that the problem with this commercial property had existed for
quite some time and there was no sense of responsibility or penalty. Mr. Neil noted that
Mr. Hartman pointed out that there was no concern or sense of urgency on the part of the property
owner. Mr. Neil expressed his opinion that the City needs to set an example by telling this property
owner to get this building done quickly. It was his feeling that the City should demolish this
building and set an example. He stated that the City needs to do what it is supposed to do with
individual homes, landlords, and slumlords, as well as this property owner who, as a doctor, should
know better and have a sense of civic responsibility.
Mr. Hosfelt asked Mr. Hartman if the completion date of July 2016 would be acceptable to the
neighborhood. Responding, Mr. Hartman stated that he could not speak for all of the neighbors that
are concerned with this property, but that July seemed like a reasonable date to him. He informed
members that the neighbors were more interested in the measures that were discussed to keep people
out of the property, including lighting, fencing and security. Mr. Hartman noted that there were
police reports regarding people stealing metal out of buildings on this property, and the neighbors
had called the police numerous times regarding the property. He stated that there had been talk about
putting up no trespassing signs as well.
Mr. Slavin asked Mr. Hartman if he felt that it would be fair if Council allowed additional time to
complete the project, per the suggested timeline, and also established control dates to bring this
matter back to Council for progress reports and to ensure that the timeline is being enforced. In
response, Mr. Hartman echoed Mr. Neil’s comment that Council should be prepared to make an
example. It was Mr. Hartman’s opinion that Council should be establishing a timeline for all
properties like this and holding the owners accountable, noting that this was not a unique problem
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 7
for his neighborhood but something that impacts the whole City. He stated that he would like to see
the City go after these things uniformly, and not pick and choose who is squealing the loudest and
go after that project.
Mr. Slavin stated that he appreciated Mr. Hartman’s perspective. He explained that one (1) of the
conundrums for Council is that when a dangerous building comes forward for final action, it is
sometimes the first time Council is hearing about it. Council’s tendency has been to find a
reasonable conclusion and provide additional time, when in fact staff has been working the issue for
many months, giving extensions and being patient, before finally bringing the matter forward to
Council.
Mr. Hartman expressed his opinion that it is a great idea to bring these matters before Council with
the suggestion to demolish, as was initiated with the property this evening.
Mr. Sudler asked if Mr. Hartman would be comfortable if the property owner had an onsite security
officer for the premises. Responding, Mr. Hartman noted that no one in his neighborhood had ever
mentioned a security officer to him and he could not answer the question without first asking his
neighbors. He stated that there would be a community meeting on November 19, 2015 at 7:00 p.m.
at St. John’s Lutheran Church, 113 Lotus Street and everyone was welcome.
Mr. Hutchison shared Mr. Neil’s concerns; however, he thought that this situation was changed by
the fact that Mr. MacLeish was involved. He stated that he had known Mr. MacLeish for a long
time, and he is well known as an outstanding businessman in the community. Mr. Hutchison
expressed his opinion that if there were an opportunity for this building to be saved, Council should
consider that and keep the property on the tax rolls. He noted that this situation is different from the
typical dangerous building Council considers because Mr. MacLeish has a contract to do the job.
Mr. Hutchison expressed his hope that Council would support giving this matter back to the City
Planner to make sure that the requested timeline is followed. He stated that he knows, first hand,
the reputation Mr. MacLeish has and assured members that he will do what he says he is going to
do. Mr. Hutchison thought that it was unfortunate that the doctor chose to wait so long, but Council
had an opportunity and responsibility to save the building, if possible.
Mr. Hare stated that he also knew Mr. MacLeish. He reminded members that Mr. MacLeish just got
involved with this property in May and had already accomplished many things that needed to be
done. Mr. Hare stated, from a fiscal point of view, that the City would be cutting off its nose to spite
its face by tearing the building down, because once the building is done it will be a first class
building, and the value will be something the City will want to have on the tax rolls. Mr. Hare
agreed that Council should monitor the progress and request an update by the end of January.
Mr. Neil stated that this issue was about the property owner and what the owner did not do, not about
Mr. MacLeish.
In response to Mr. Neil, Mr. Scott Koenig, City Manager, stated that taxes were currently being
collected on this property. Mr. Koenig stated that the only penalties for the owner not following up
with the City were fines and the threat of demolition and a lien being placed.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 8
Mr. Neil reiterated that there is a point where the City has to be responsible and say no. He stated
that if it is a valuable piece of property, another building would eventually be constructed and the
property would be an income producer.
Mr. Anderson stated his belief that the Council needs to follow certain principles, noting that there
are many abandoned properties in the City and that is where demolition money is focused. When
there is a private sector property owner willing and committed to repairing and upgrading a property,
Council gives a reasonable opportunity for repairs with enhanced oversight, and that had worked
quite well for the City. Mr. Anderson stated that if the City were to demolish this property just to
send a message, it would cost approximately $60,000 and expend all but approximately $7,000 of
the City’s demolition budget. He stated that if it becomes necessary he would be fine with the City
demolishing the building, even if the money had to be appropriated; however, as long as the site is
secure, he did not think it was necessary. Mr. Anderson expressed his hope that the owner would
consider adding some digital video recording (DVR) cameras as well. He stated that, as long as the
site is secure and progress is made, the problems will disappear and there will be something much
better that will add value to the City.
Mr. Hare moved to declare the structure located at 1032-1058 South Dupont Highway a dangerous
building; order that the property be repaired or demolished by July 1, 2016 by the owner or equity
owner at their own risk; order the Building Inspector to cause the demolition of the structure if not
completed by the owner within 10 days of the date established by City Council; order the City
Manager with the assistance of the City Solicitor to cause the cost of demolition to be charged
against the land on which the building exists as a municipal lien or cause such cost to be added to
the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owner; and that progress reports be provided at the Council Meetings scheduled for
January 11, 2016, March 14, 2016, and June 13, 2016. The motion was seconded by Mr. Hutchison.
Mr. Cole asked if there would be benchmarks for progress, whether the extension would continue
if progress was not made because of weather, if there would be penalties if progress was not made,
or if Council would simply receive an update and it would be completed in July. Responding,
Mr. Hare stated that members of Council would have to use their judgement. If there is 58 inches
of snow in the next six (6) weeks and no progress to report in January, Council would have to allow
for that; however, if Mr. MacLeish indicates in January that he resigned because he was not being
paid, then Council can make a determination.
The motion to declare the structure located at 1032-1058 South Dupont Highway a dangerous
building; order that the property be repaired or demolished by July 1, 2016 by the owner or
equity owner at their own risk; order the Building Inspector to cause the demolition of the
structure if not completed by the owner within 10 days of the date established by City Council;
order the City Manager with the assistance of the City Solicitor to cause the cost of demolition
to be charged against the land on which the building exists as a municipal lien or cause such
cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be
recovered in a suit at law against the owner; and that progress reports be provided at the
Council Meetings scheduled for January 11, 2016, March 14, 2016, and June 13, 2016 was
carried by a roll call vote of five (5) yes (Anderson, Sudler, Hare, Hutchison, and Slavin), three
(3) no (Neil, Cole, and Hosfelt), and one (1) absent (Lewis).
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 9
Mr. Hutchison requested Mr. MacLeish to notify the City immediately in the event that he is no
longer part of the project. Responding, Mr. MacLeish stated that he would absolutely notify the City
right away.
Referring to benchmarks, Mr. MacLeish stated that he would submit a schedule to Mrs. Townshend,
noting that in addition to the timeline mentioned previously, the demolition work for the interior of
the structure would be completed by mid-December. He stated that he would also attend the
community meeting on November 19, 2015 at St. John's Lutheran Church to let the citizens know
what was going on. Mr. MacLeish thought that the citizens would be able to share any other issues
with regard to the security of the site that he is not aware of.
Mr. Sudler asked that the owner keep in contact with a point person in the neighboring community,
share information, and try and keep everything transparent, since he is a neighbor and members of
Council are concerned about the constituents in the City of Dover. Mr. Sudler also asked that
members of Council receive the schedule once it is submitted and noted that he would be visiting
the site.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT -
OCTOBER 26, 2015
The Safety Advisory and Transportation Committee met on October 26, 2015 with
Chairman Hosfelt presiding.
Discussion - Prohibited Speed Reduction Devices
Chairman Hosfelt explained that this item was the result of a discussion that took
place at a neighborhood meeting at the Greentree Shopping Center involving the
owner of the property as well as business owners. Crime issues and speed reduction
devices were discussed. Mr. Hosfelt indicated the desire to hear from the public
regarding the problems that they were incurring.
Mr. John Anstine, JBA Properties, 1460 Russell Road, Paoli, Pennsylvania, advised
members that JBA is the property manager for the Greentree Shopping Center. He
indicated that there is a service road in back of the shopping center that extends from
Redner’s Warehouse Markets to PNC bank between Independence Boulevard and
Kenton Road that has become a major cut-through road. Mr. Anstine explained that
the space is very tight in that area and tenants must cross over the road to access their
dumpsters. He noted that there is a lot of traffic on the road and people drive very
quickly. Mr. Anstine expressed his opinion that speed bumps would help to slow
people down or deter them from going through there in the first place.
Responding to Mr. Hosfelt, Mr. Anstine stated that, as property manager, he favored
speed bumps and noted that although traffic is supposed to be one-way traffic
heading west from Independence Boulevard, people disregard the “Do Not Enter”
sign and travel in both directions.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 10
Mr. Hutchison stated that there had been previous discussion about changing the
dumpsters around to reduce drivers’ ability to get through the service road easily and
questioned if that had been done. Responding, Mr. Anstine stated the need for
18-wheeled trucks to get through since trucks back in to the loading dock at Redner’s
and then head out to the west. He noted that some trucks do an illegal U-turn and
then go back out.
In response to Mr. Hutchison regarding which businesses have large tractor trailers
coming in, Mr. Anstine indicated that Giacomo’s Pizza Delight and the UPS store
receive deliveries from these large vehicles.
Mr. Hutchison stated that speed bumps had been discussed for many years; however,
they do not work well with fire and paramedic apparatuses. He indicated that he very
strongly supported measures other than speed bumps.
Mr. Anstine stated that his township in Pennsylvania uses speed bumps on municipal
roads, noting that they do slow the traffic in neighborhoods. He indicated that they
were open to other ideas to slow people down as well.
Mr. Keller stated that his only objection was that emergency vehicles would run into
a problem. He questioned how visible the one-way sign was and whether enforcing
it or putting another sign up would help. Responding, Mr. Anstine stated that there
was only one (1) sign, and it was clearly visible and met specifications, estimating
that it was approximately 18 inches wide by two (2) feet tall. He noted that the
ground is also stenciled; however, he expressed his opinion that people do what they
want to do. Mr. Anstine explained that the service road previously allowed two-way
traffic until Redner’s opened and he felt that people have this ingrained in their
minds.
Responding to Mr. Keller regarding the traffic in front of the stores, Mr. Anstine
stated that pedestrian crossing signs were put out, which helped; however, sometimes
people speed through and there is only so much that can be done. He noted that
people sometimes run over these signs and do not even know that they have done so.
Mr. Shelton stated that he goes by the area all the time; however, he had not seen the
signs. He asked if there was a sign that says “For Deliveries Only.” Responding,
Mr. Anstine stated that they used to have a “Do Not Enter, Authorized Vehicles
Only” sign that was up for years. A truck ran over it and he had it removed and it
was never replaced.
Mr. Ed Trumble, Owner, Integrity.PC.Computers, 59 Greentree Shopping Center,
advised members that he had concerns not only with the back of the store but also the
front. He indicated that he is usually there six (6) or seven (7) days per week, over
12 hours per day, and had been at that location for over one (1) year. He expressed
his opinion that it is very dangerous to park in the front lot or to try to cross in the
back to take trash out. Mr. Trumble stated that there are three (3) or four (4) one-way
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 11
arrows and a “Do Not Enter” sign. There is no speed limit sign out back, but he
questioned if this would matter since it is private property and the police would not
issue a ticket anyway. Mr. Trumble stated that there is a 15-mph speed limit sign in
front of his store; however, he indicated that speeders are not ticketed.
Mr. Trumble advised members that there were speed bumps in Rodney Village, less
than five (5) miles away, and in Milford and Christiana and that these speed bumps
work. He noted that the police, fire services, and paramedics can function in those
municipalities and questioned why they could not do so in Dover. He felt that an
ounce of prevention was worth a pound of cure and questioned what would be done
when someone gets hurt. Mr. Trumble indicated that he has senior citizen customers
that come from as far at Milford to use his services, and he sometimes has to help
them carry their equipment in and out and the drivers don’t seem to care. He stated
that there had been several instances of crime in the shopping center lately and felt
that speed bumps would make it less easy for those involved to get in and out, noting
that they might not even come if there are speed bumps. Mr. Trumble felt that this
was something that needed to be looked at and addressed since the problem was
getting worse.
In response to Mr. Hosfelt, Mr. Trumble stated that the problem increases in the fall
when football teams practice on a nearby field, although more football participants
had been parking on the main road rather than in the back lately. He suggested that
more yellow striping, like that around fire hydrants, could be added so that motorists
do not park so close to the drive. Mr. Trumble noted that he currently has to go
beyond the parked vehicles to look left and right to see what is coming before he can
cross to dump his trash. He advised members that people are using the service road
as a thoroughfare to go from one (1) road to the next, noting that he had observed
three (3) or four (4) cars in a 10 to 15 minute period passing through to avoid an
intersection or going through the front of the shopping center.
Ms. Susan Whitney, Something Unique, 61 Greentree Drive, stated that customers
come from as far as Salisbury, Maryland, and Wilmington to her establishment and
have problems crossing the street without somebody hitting them. The stylists who
work there also complain about almost being hit by cars. Ms. Whitney felt that this
was definitely a problem that was getting worse. In addition, she stated that she
recently saw a man beating a woman in front of the store and had to call the police.
Responding to Mr. Hosfelt as to whether her problems were only related to traffic in
the front of her store, Ms. Whitney stated that when big tractor trailers come to the
back area, she cannot get into her parking space. When backing out to leave, she
notices that the football families sometimes leave a lot of trash and park in such a
way that it is hard for her to back out. Ms. Whitney confirmed that the service road
is used as a thoroughfare to go from one (1) side to the other by those who do not
work or live there. She noted that people come and dump their trash in the store’s
trash cans as well.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 12
Responding to Mr. Keller regarding whether the nature of the problem in the front
was disregard for the people crossing or speed, Ms. Whitney stated that it was a
combination. She noted that one (1) lady hollered out, “I don’t stop for pedestrians.”
Ms. Whitney indicated that there were elderly clients, 80 or 90 years old, that try to
cross. She stated that kids also ride their skateboards and bikes on the sidewalks,
which could become an issue if an elderly client is hit.
Referring to the photo of a device that was similar in nature to a portable speed
bump, Mr. Hosfelt advised members that this type of speed bump would allow heavy
apparatus to cross. He stated that this example was provided by Council President
Slavin and forwarded to the City of Dover Police Chief and Fire Chief.
Responding to Mr. Hutchison as to whether these devices were being used in
Delaware, Mr. Hosfelt stated that he was unsure and that this would be a better
question for Councilman Slavin. Mr. Hutchison stated that he liked the idea.
In response to Mr. Keller, Mr. Hosfelt indicated that he was unsure about the
installation of these bumps or if they were just laid down.
Mr. Cole advised members that these devices had been looked at with respect to State
Street and the Delaware Department of Transportation (DelDOT) had indicated that
these types of devices were being used in upstate Delaware.
Fire Chief Mark Hall expressed his belief that South Governors Avenue had these
speed cushions and indicated that the Fire Department was not, at this time, opposed
to them. He stated that speed bumps are permanent and that national response time
is reduced seven (7) to 11 minutes with the installation of speed bumps, and noted
that two (2) firefighters in Dover had been injured by them. Chief Hall indicated that
they liked the idea of speed cushions since the wheel base of an apparatus can get
through. He stated that he had done some research and it looked like the cushions
are bolted to the ground with an eyebolt and, although he was not completely sure,
he felt that the City would be able to remove them for snow removal. Chief Hall
noted that different types of devices are offered by different companies, stating that
the cushions are a speed calming device, whereas a speed bump is more of a speed
reduction device. He reiterated that Capitol Park on South Governors Boulevard had
them and advised members that the Fire Department had been there for fires in the
past and had one (1) issue involving a loose eyebolt that got caught in the wheel well
and ended up in someone’s yard.
In response to Mr. Hosfelt regarding the devices on South Governors Boulevard,
Chief Hall stated that they were similar to those pictured but smaller and for use in
developments. He was unsure if they were yellow striped, but indicated that they are
accessible to the fire apparatus and wheels can be put between them when traveling
through them. Chief Hall indicated that the firefighters’ injuries referenced
previously were both leg injuries but was unsure of the location of the speed bumps
involved. He stated that Kentwood Mobile Home Park has permanent speed bumps
and there is a great reduction in the Fire Department’s rate of response once they
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 13
enter that development. The fire apparatus must come almost to a full stop, and it
takes some time to get it back up to speed. Chief Hall stated his belief that the
national average response time mentioned previously was based on speed bumps on
more open, residential streets as opposed to developments, noting that the current
discussion was about private property. He reiterated that he did not have an issue
with speed calming devices.
In response to Mr. Hosfelt, Chief Hall clarified that the areas he had mentioned were
outside the City of Dover limits and its police jurisdiction, but within the Dover Fire
Department’s jurisdiction.
Captain David Spicer, Dover Police Department, stated that he had spoken to Police
Chief Paul Bernat, who indicated that he was against speed bumps and speed
cushions. Captain Spicer stated that they would reduce response time, maybe by
seconds, which in their line of work could mean the difference between life and
death. He indicated that Chief Bernat had mentioned to him that the City of
Harrington was using similar devices and it was his belief that they had worked there;
however, it was his understanding that a snow plow had damaged one (1). Captain
Spicer noted that if they are fastened to the ground with eyebolts that work their way
loose, there could be potential injuries to pedestrians, motorists, and vehicles.
Captain Spicer stated that, at this time, they were against this approach.
Responding to Mr. Hosfelt, Captain Spicer confirmed that the Police Department was
against these devices on both private property and public roadways.
Mr. Sudler inquired if there were any other mechanisms that residents may be able
to utilize to decrease the speeds that the Police Department would favor.
Responding, Captain Spicer stated that approximately one (1) month ago, he attended
a meeting where different ideas were discussed for Independence Boulevard,
Bicentennial Village, and North State Street. The pros and cons of speed cushions,
traffic redesign to divert traffic around objects or slow it down, and traffic islands
were discussed. Captain Spicer felt that Chief Bernat would be in favor of a traffic
circle similar to that on Mifflin Road, which seemed to slow a lot of traffic in that
area.
Captain Spicer noted, in regard to signage at the Greentree Shopping Center, that the
Police Department is limited in the number of traffic laws that they can enforce on
private property, and that inattentive driving, driving under the influence (DUI), and
reckless driving on private property could be enforced.
Mr. Hosfelt stated that he would like the Committee to continue this discussion after
a couple of months, which would allow him time to do further research, especially
in regard to speed cushions. He stated that this subject would not be put aside and
was worth investigation. He expressed his thanks to Captain Spicer, Chief Hall, the
business owners who participated, and the property manager from Greentree
Shopping Center. Although the discussion had concentrated on speed bumps,
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 14
Mr. Hosfelt expressed his understanding that some who were present had other
concerns regarding crime and stated that he was sure Captain Spicer would make
himself available to them regarding any concerns.
Request for Waiver - Appendix B - Zoning, Article 5 - Supplementary
Regulations, Section 17 - Emergency Access Requirements - Waiver of
Emergency Rear Access Requirement for Blue Hen Apartments Phase 2
(Application S-15-12)
Mrs. Dawn Melson-Williams, Principal Planner, reviewed a request from Blue Hen
Apartments, LLC, located behind the Blue Hen Corporate Center, for a waiver of the
requirement for a 16-foot alley or a 18-foot secondary fire lane and a 18-foot
subgrade emergency access lane as emergency access to the rear building areas for
two (2) and three (3) story apartment buildings. Mrs. Melson-Williams explained
that a site plan had been filed to expand this community of apartment complexes to
include 12 additional apartment buildings, two (2) at the intersection of Blue Hen
Boulevard and Haslet Street and the remaining buildings in a straight line, running
parallel to the Blue Hen Corporate Center building.
Mrs. Melson-Williams reviewed a site plan depicting the proposed layout, noting that
all of the buildings had a 24-foot fire lane crossing in front of the main entrances to
the buildings. In some cases, given the position of the building, the building would
either back up to another street or there would be a secondary driveway in close
proximity. Mrs. Melson-Williams advised members that the Planning Commission,
in reviewing the application, looked at the overall layout as well as the comments
provided by the City Fire Marshal’s Office. She noted that, due to their size, the
buildings were required to be sprinklered.
Mrs. Melson-Williams noted that there is a fire lane coverage percentage requirement
for the front of the building. Fire lanes must be marked on the ground surface, and
the buildings are required to have a fire alarm system and a Knox box safe; therefore,
they have a high level of fire protection required by other regulations beyond the
requirements of the zoning ordinance. She reiterated that the applicant was seeking
relief from the secondary rear fire access requirement for either an alley or another
fire lane and advised members that the waiver request had been presented to the
Planning Commission and members recommended approval.
Responding to Mr. Hutchison, Mrs. Melson-Williams confirmed that the waiver was
supported by the Fire Marshal’s Office, noting that they were fairly comfortable that
the other fire prevention regulations specific to the building construction, including
a sprinkler and fire alarm as well as the primary fire lane across the front, would be
adequate for response to that type of building.
In response to Mr. Hutchison as to whether a legal opinion had been obtained from
the City Solicitor’s Office approving the waiver and in regard to any liabilities,
Mrs. Melson-Williams stated that the zoning ordinance established that this was a
waiver that could be asked for. She explained that the review process is that the
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 15
Planning Commission makes a determination which goes through the Committee,
with final action by City Council. Mrs. Melson-Williams indicated that she was
unsure if the liability question had ever been posed in this regard.
Noting that waivers had been granted previously, Councilman Anderson questioned
what the history had been and if there had been any problems. Responding,
Mrs. Melson-Williams stated that she was not aware of any problems. She stated that
the most recent waiver approved was probably in the Leander Lakes apartment
complex, which was now under construction on the west side of Dover High Drive.
Mrs. Melson-Williams indicated that the Leander Lakes building project was very
similar, sought the same waiver, and was successful. The Leander Lakes project was
a three (3) story apartment building with a sprinkler, fire alarm and a front primary
fire lane but no ability to provide the rear access via an alley or secondary fire lane
due to the layout of the complex. She stated her belief that the existing Blue Hen
Apartments project, which was a little older in its construction, also received this
waiver previously.
Mr. Anderson inquired if this regulation was outdated due to the current technology
in designs, or if this was a unique situation. Responding, Mrs. Melson-Williams
stated that staff had come across this situation in multiple instances and had seen a
lot of requests for waivers of the rear emergency access provision for apartments,
which also applied to townhouse developments. Staff had identified this as one (1)
of the sections of the zoning ordinance that needed review. Mrs. Melson-Williams
indicated that technology had improved and there were other fire protection
requirements and regulations that would greatly supersede and probably be more
beneficial than additional pavement to the rear of these units.
Mrs. Donna Mitchell, Controller/Treasurer, expressed her hope that the safety of the
public is looked at when approving these waivers, noting that the requirements were
included in the code for public safety. She stated that she was speaking as a member
of the public and that this was not a professional comment.
Responding to Mr. Sudler’s request for elaboration on her comment, Mrs. Mitchell
stated that the purpose of the requirement was for safety equipment to get in and out,
rather than public access and egress, or to allow two (2) entrances or exits in case
there was something that caused an unsafe environment. She also expressed concern
that if some of the streets were narrowed, fire apparatus could not get around and
maneuver as well, and this was why she felt the provisions were in place.
In response to Mr. Sudler as to whether Mrs. Mitchell was saying that if the waiver
were granted some apparatus would not be able to have access, Mrs. Mitchell stated
that she was not sure but, as a citizen, she felt that there was a need to make sure that
these issues could be handled when making these decisions.
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
stated that the waiver ability is in the zoning ordinance, so that if it is determined it
would not compromise public safety to waive the alley requirement, members had
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 16
the ability to do this. In addition, she noted that the section of the zoning ordinance
that requires rear access behind apartments predates a lot of the current fire protection
regulations and was much more relevant at a time when buildings were not required
to be sprinklered. Mrs. Townshend stated that there were a number of cases where
waivers had been granted, including townhouse developments such as Senator’s
Lake, off Silver Lake Boulevard, which subsequently sprinklered the townhouses
voluntarily. She indicated that this was not an uncommon waiver.
Fire Chief Mark Hall stated that he had discussed this with the Fire Marshal, and he
advised members that without a rear access, the Fire Department could not access the
rear of the building, unless they physically walk a 24-foot or 35-foot ground ladder
to that side of the building. With respect to the 16-foot to 18-foot alley, Chief Hall
stated that it takes anywhere from 20 to 24 feet to set up a ladder truck. In his
opinion, eliminating the rear access would be a life safety issue, noting that if
someone’s apartment was on fire and they were on their balcony or hanging out their
window, this would thwart the Department’s response to them. Chief Hall indicated
that, although the Fire Department would get to them as fast as they could on foot,
it would be a lot better with a ladder truck, especially when someone is panicking.
In regard to sprinklers for fire protection, he noted that recently there was a fire at
Luther Towers and another at Legislative Hall where sprinklers did not activate. He
indicated that the sprinklers in place do not always work and he asked members to
take that into consideration.
In response to Mr. Sudler regarding how far it would be necessary to walk and carry
a ladder to the rear area, Mrs. Melson-Williams stated that new fire prevention
regulations require that plans provide perimeter access around the buildings. She
estimated that, in most cases, 40 to 50 feet would get firefighters around the short end
of the building to the rear. Mrs. Melson-Williams explained that in some situations,
there is either another street or another circulation path that covers another side of the
building or the rear of the building, depending on the specific building.
In response to Mr. Hutchison regarding the cost of an emergency rear access,
Mrs. Melson-Williams stated that she was unsure of the cost. She stated that, in the
case of this project, it would be a paved, hard surface and she was unsure that there
was space to physically construct it, which would mean a total redesign of the
project, depending on which building was being looked at. Mrs. Melson-Williams
reiterated that some of the buildings had two (2) means of coverage, including a
24-foot fire lane across the front of all of the buildings, which is the main entry into
these buildings and where the Fire Department connection is located.
Mr. Anderson questioned how far the front of one (1) building is to the rear of
another and if there was complementary access. Responding, Mrs. Melson-Williams
advised members that there were two (2) different situations in this apartment
complex. She stated that in one (1) area, the buildings are in a line, the spacing
distance between individual buildings was specified in the code, and a second
roadway goes between two (2) of the buildings. In the other area of the apartment
development, the two (2) proposed buildings were flanked in the rear by either a
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 17
street or another existing drive aisle. Mrs. Melson-Williams indicated that there
would be some measure to get to the full back and full front of the building. There
was capability to get to the full front on the long strip of buildings, but there would
not necessarily be access to the rear on the main line of apartment buildings as
proposed.
In response to Mr. Hosfelt as to what is at the rear of the development,
Mrs. Melson-Williams stated that there is a green, open space area at this location
and a pedestrian path a little further away. She expressed her belief that there was
a graded swale between the path and the building within that 40-foot area.
Responding to Mr. Hosfelt, Chief Hall stated that access was not something that the
brush truck could handle but, if needed, the Fire Department could get the ladder
truck behind the area. He noted that the ladder truck would jump the curb and tear
up some of the property, but they would do this in order to get to someone needing
assistance.
Responding to Mr. Sudler regarding what kind of damage this would do to the
apparatus, Chief Hall estimated possible damage from $10,000 to $50,000.
In response to Mr. Sudler regarding the width of the roads in the plans,
Mrs. Melson-Williams stated that the drive aisle in the upper left corner, where
parking is located in front of the buildings, was a 24-foot-wide, two-way path of
travel. These would be the primary fire lanes, which were required to be 24 feet, and
there were additional paved areas with parking spaces which could be utilized if there
were no cars parked there. She noted that one (1) of the buildings backed up to Blue
Hen Boulevard, which was a public street and closer to 30 feet in width.
Fire Chief Hall stated that the diagram appeared very similar to Bay Tree
Apartments, where the front apartment building did not have front access and the rear
apartment building did not have rear access. He indicated that the Fire Department
would have to take pre-planning measures and would figure it out. He noted that the
Fire Marshal had provided him information regarding a turn-around at this location,
which was a big help.
Responding to Mr. Hutchison as to whether there were after-hours staff or security
people at the location, Mrs. Melson-Williams indicated that the Blue Hen Apartment
complex had on-site property management, but she was unsure of their work hours
or overnight staffing. She indicated that an on-site property office and leasing facility
currently manages Phase 1 and would also manage Phase 2.
Mr. Hutchison stated, for the record, that he had the opportunity to personally go out
and look at the Blue Hen Apartments, both at day and night, and felt that the
operation was very impressive and absolutely first class. Based upon what he had
seen personally, he stated that he supported the request.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 18
Mr. Hutchison moved to recommend approval of the request for a waiver of the
emergency rear access requirement for Blue Hen Apartments Phase 2, seconded by
Mr. Keller.
Mr. Keller indicated that his seconding of the motion was based on Mr. Hutchison’s
statement.
The Committee recommended approval of the request for a waiver of the emergency
rear access requirement for Blue Hen Apartments Phase 2.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Mr. Cole and carried by a unanimous roll call vote (Lewis absent).
Briefing on Dover/Kent County Metropolitan Planning Organization (MPO)
Projects - Capital Gateway Study Presentation (Rich Vetter)
Mr. Rich Vetter, Executive Director, Dover/Kent County Metropolitan Planning
Organization (MPO) reviewed a presentation, entitled “Capital Gateway Study.” He
advised members that the MPO had been involved in a planning study, along with
the City’s Planning Department, for the past month with regard to the area including
Division Street from Salisbury Road to State Street and Forest Street from its split
from Division Street down to the Duncan Center. The purpose of the study was to
develop a land use and transportation master plan for this area. Mr. Vetter explained
that the most important part of the study would be to provide a gateway to downtown
from the west, which was lacking. He indicated that there was currently no identity
or theme in terms of land use and transportation for this area and the goal was
beautification, enhancements in streetscapes, and a land use vision. Mr. Vetter
explained that the existing land use in this area was mixed and included vacant
parcels and areas that were not aesthetically pleasing, and it was desired to develop
the gateway theme to present to future developers and property owners in the area.
He indicated that landscaping and beautification could be considered, potentially
extending what currently exists on Loockerman Street westward.
Mr. Vetter stated that community input was being sought, noting that so far, based
on local information, they had heard that bicyclists and pedestrians were an important
aspect of the plan, and there could be maintenance and parking improvements as
well. He informed members that a charrette process would be used to solicit
community involvement, explaining that a charrette is a condensed, hands-on,
multi-day planning process which is something of a magic marker session for the
community. In a three (3) or four (4) day period, the goal would be to progress from
a blank piece of paper to something that could be presented as a community vision.
Mr. Vetter stated that public participation was planned for Monday, November 16th;
Tuesday, November 17th; and Thursday, November 19th, probably from 5:00 to 7:00
p.m., at the Inner City Cultural League at 54 South Kirkwood Street. He informed
members that, during the past couple of weeks, there had been meetings with
stakeholders such as Councilman Anderson, the Delaware Department
of Transportation (DelDOT), the Delaware Transit Corporation, the Downtown
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 19
Dover Partnership (DDP), residents, and business owners to get input in preparation
for the charrette. Mr. Vetter indicated that flyers would also be going out in the next
couple of weeks and it was hoped that there would be a lot of media coverage.
Mr. Anderson encouraged members to provide input, noting that the questions asked
would be valuable and the opportunity to provide constituent input was important.
In response to Mr. Hosfelt, Mr. Vetter stated that business owners and residents in
the area would be notified. He stated his belief that Mrs. Ann Marie Townshend,
Director of Planning and Community Development, would direct mail to every
business and property owner.
Briefing on Delaware Department of Transportation (DelDOT) Projects
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
stated that she had received an update on transportation projects from the Delaware
Department of Transportation (DelDOT) and there was not much to report since the
previous update provided during the Committee’s meeting of July 27, 2015. She
stated that it was a pleasant surprise that the Bicycle and Pedestrian Program at
DelDOT was getting some unexpected funding, which would help with some of the
projects on the City’s priority list, including planning for the Senator Bikeway, which
would help with the construction of sidewalks within the walk zone of the new Dover
High School. Mrs. Townshend noted that U.S. 13 sidewalk construction would also
be addressed through this funding.
In regard to matters for future discussion, Mr. Anderson advised members that
concerns were heard at a recent neighborhood watch meeting about shots being fired
and confusion about how to identify where they are coming from. He stated his
understanding that there was a State program called Shotspotter that involved grants
and wondered if it had any use or viability. Mr. Anderson stated that the program
seemed to have pluses and minuses to it.
Mr. Hosfelt stated his belief that the City of Wilmington had looked into the
Shotspotter program at one point.
By consent agenda, Mr. Neil moved for acceptance of the Safety Advisory and Transportation
Committee Report, seconded by Mr. Cole and carried by a unanimous roll call vote (Lewis
absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
REPORT - OCTOBER 26, 2015
The Legislative, Finance, and Administration Committee met on October 26, 2015
with Chairman Hare presiding.
Benchmarks Established for the Economic Development Office
Mr. Bill Neaton, Economic Development Manager, advised members that the
Economic Development Office provides a semi-annual review of the benchmarks
established for the Economic Development Office.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 20
With respect to the Downtown Dover Partnership (DDP), Mr. Neaton indicated that
the History, Heritage and Hops event, which was held in conjunction with the Dover
Days Festival, and the Merchants Committee’s recent OktDoverfest brought
thousands of people to the downtown area. He noted a survey of downtown
merchants was finished earlier in the day and results would be reported at the next
meeting.
With respect to downtown Dover business growth, Mr. Neaton stated that there were
currently two (2) new large Downtown Dover Development District (DDD) projects.
He explained that a health care provider would become a tenant of the second floor
of the Priscilla Building at 152 South State Street in late November and there was a
potential tenant for a portion of the downstairs area of this building that was formerly
occupied by a restaurant. Another large project was the Grey Fox Grille and Public
House. He stated that a number of DDD initiatives had helped the downtown area
and several businesses were utilizing them.
In reference to City-wide economic development, Mr. Neaton stated that four (4)
out-of-town businesses were considering moving to Dover, including a boiler-making
company and several developers out of New York City.
In regard to strategic objectives for Fiscal Year 2015- 2016, Mr. Neaton stated that
he had met with Mr. Brian DiSabatino, President and Chief Executive Officer of
EDiS Company, regarding assistance with marketing the Garrison Oak Technology
Park (GOTP) and was also scheduled to take a trip there with Ms. Bernice Whaley,
Director, Delaware Economic Development Office (DEDO), to determine how the
GOTP could best be marketed. Mr. Neaton indicated that the GOTP would be
featured on DEDO’s website as the primary location for business growth in
Delaware.
Mr. Neaton stated that Calpine had been in commercial operation since the first part
of June at the GOTP and was in the PJM grid for a 500 MW plant, noting that a
second plant could be built on a 37-acre parcel of land at the location. He noted that
a ribbon cutting was held for the Uzin Utz facility in early October and they had been
so successful that they were getting ready to add a second shift of workers.
Mr. Neaton stated that Advantech, Inc. hoped to move forward with building
construction at the GOTP after the first of the year.
Status of Discussion Items Proposed During the FY 2015/16 Budget Review
Proposed New Revenue Sources
Members were advised that during the FY-2016 budget hearings City Council
directed staff to review various City operations and submit requests for potential
revenue sources. Staff requested suggestions internally regarding revenue sources
and/or cost recovery sources.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 21
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
informed members that Mr. Scott Koenig, City Manager, was unable to be present
and that she and Mr. Kirby Hudson, Assistant City Manager, would be reviewing the
proposed suggestions.
Mrs. Townshend stated that four (4) fees were being proposed as new revenue
sources, three (3) from the Planning and Inspections Department and one (1) from
the Customer Services Department. She advised members that two (2) of the
Planning Department fees were for Temporary Certificate of Occupancy (TCO),
noting that the current fee for a residential TCO was $40 dollars. Mrs. Townshend
explained that a TCO creates a lot more work for City staff in terms of tracking,
noting that there can be loose ends when projects sit on a TCO for much longer than
they should. She advised members that other jurisdictions charge more for a TCO
and limit the amount of time that it can be applied, which discourages people from
keeping projects on a TCO indefinitely. Staff recommended a $75 fee for a
residential TCO and a $100 fee for a non-residential TCO. Under this proposal, a
TCO would be valid for a maximum of 45 days and the fee would be paid for each
renewal.
The Planning and Inspections Department also suggested that the City implement a
fee for Zoning Verification/Administration Interpretations. Mrs. Townshend advised
members that zoning verification letters are often requested by property owners who
need an entrance permit from the Delaware Department of Transportation (DelDOT),
and these letters may also be needed for settlement or refinancing of property. She
stated that the letters take a lot of staff time and there is currently no charge for this
service; however, nearly all other jurisdictions charge a fee. As an example,
Mrs. Townshend explained that she recently completed a request that involved doing
research on 15 properties and preparing 15 letters, and this service was performed at
no charge. Staff recommended implementing a $50 fee to capture the cost of the
service.
In regard to the Customer Services Department, Mrs. Townshend informed members
that staff suggested that the City implement a $1.00 charge for a copy of a utility bill.
She indicated that customers often come to Customer Services to pay a bill and
request a copy of the bill to take to the cashier to pay. Mrs. Townshend stated that
private utilities charge for this and suggested that implementing a charge may reduce
the workload because customers may not continue to request copies. This charge
would at least allow for the City to recover the cost when this service is provided.
Mrs. Townshend explained that Mr. Koenig’s conservative revenue estimate for the
utility bill copies was $10,000 dollars, since approximately 118 extra utility bills are
printed each day, which would annualize to $26,000 dollars. Since it was believed
that fewer people would request copies if the fee were implemented, this number was
projected to decrease.
Staff recommended adoption of the referenced fees, to be implemented on
January 1, 2016.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 22
Responding to Mr. Sudler regarding the proposed fee for zoning verification letters,
Mrs. Townshend stated that there was currently no charge for this service and a $50
fee was recommended.
Mr. Anderson expressed his opinion that the proposed adjustments were reasonable
and a good balance, noting his desire for there not to be too big of a jump or burden
on individuals and businesses in these times, and indicated that he liked the proposal.
Mr. Hudson advised members that Customer Services would be looking at other fees
to bring forward to the Committee at a later date. He noted that in many instances
staff has to run credit reports, and this need is often attributed to those who habitually
pay late or have been cut off. Credit reports may also be used to determine the
reliability of new customers. Mr. Hudson stated that those costs were currently being
borne by the City. He also indicated that late fees were a little low and that
municipalities smaller than Dover were charging a lot more for late fees, noting that
the desire was not to make income but to cover costs.
In response to Mr. Cole regarding the number of credit reports done per year or
month, Mr. Hudson stated that he did not have this information but offered to provide
it the next time this was considered. He indicated that the last figure he saw was in
the thousands.
Mayor Christiansen asked why the two (2) fees that Mr. Hudson mentioned were not
being considered at this time, noting that they reflected the cost of doing business.
Responding, Mr. Hudson stated that he was recently assigned oversight of the
Customer Services Department and was shocked to find that these things were not
being done.
Noting that the City was losing revenue, Mayor Christiansen asked why these
additional fees were not included for consideration. He expressed his opinion that
the City should not take half steps but should either be a business that serves the
community or not charge anything, and Mr. Hudson agreed.
Responding to Mayor Christiansen regarding the percentage of customers that would
be adversely affected by the suggested fees, Mr. Hudson stated that all customers
would be affected and estimated that 25% or 30% were “frequent flyers.” In
response to Mayor Christiansen as to whether this was due to inability to pay or
because these individuals do not accept adult responsibility, Mr. Hudson stated his
opinion that the City had been very lenient.
Mrs. Townshend stated her belief that most of the issues currently being discussed
were related to item #2B - Review and Maintenance of Fees - Planning and Customer
Services Departments, which was the next item on the agenda, and the current item
under discussion was the $1.00 charge for a copy of a utility bill. She stated that the
effect on a typical customer would be that they would be charged $1.00 if they do not
have their bill.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 23
In response to Ms. Maucher, Mr. Hudson confirmed that credit checks were
performed to determine whether a deposit is required. He explained that there are
certain parameters and a certain scale, and if a score comes in very low because the
customer habitually does not pay their bills, then their deposit will be higher than
someone with stellar credit.
Ms. Maucher stated that there was an obligation to serve, so regulated utilities
generally look at the customer’s payment history. If they have been late, the deposit
is the equivalent of two (2) months of their annual usage. If there is no history, they
can charge their deposits. She thought it was curious that the City found it necessary
to run credit checks.
Mrs. Townshend advised members that Customer Services requires a standard
deposit; however, the amount of that deposit may be reduced for a customer who has
not had an account with the City and has good credit. If the customer has a poor
payment history with the City, running the credit report will not help.
Mrs. Townshend stated that the customer benefits from the City running the credit
report, and the idea was that this cost should be borne by the customer.
In response to Mayor Christiansen, Mrs. Townshend confirmed that running the
credit report would be a new source of revenue and Mayor Christiansen expressed
his opinion that it could, therefore, be discussed under item #2A - Proposed New
Sources of Revenue and Mr. Hudson’s recommendation should be considered.
Mr. Sudler noted, in regard to deposits, that in the past if a previous occupant had a
bill of $300 or $400, the deposit for the next occupant was almost doubled or tripled.
Responding, Mrs. Townshend advised members that the deposit was based on the
customer’s history, not the history of the customer’s unit. Mr. Sudler requested that
staff double check this to make sure, noting that he is a landlord and had heard within
the last two (2) to three (3) years that the previous occupant’s history had been
considered, which he felt was unfair.
Mr. Hudson explained that a large deposit is required for those with poor credit to
carry the cost and provide something to fall back on if the customer decides to leave
without paying.
Mr. Sudler asked what score would determine whether someone has good or bad
credit. He expressed his opinion that most people do not have good credit for
different reasons, noting the many recent foreclosures. Mr. Sudler stated his desire
to make sure that the City is fair and, at the same time, that costs are covered. He
thought that a reasonable credit score of at least a C rating should be required, but not
an A1.
Mr. Hudson stated that the scores used by the City are within the same limits and to
the regular standards that the banks or others would use. The idea was to be fair and
follow the same policies that other lending institutions might use but to cover costs.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 24
Mr. Hudson stated that the amounts outstanding for people who had skipped out were
in the hundreds of thousands of dollars.
Mr. Sudler moved to recommend adoption of the referenced fees, to be implemented
on January 1, 2016, as recommended by staff.
In response to Mr. Cole, Mr. Sudler confirmed that the recommendation included the
fees for credit checks and the additional items discussed.
Mr. Anderson asked if there was an amount for the credit check fee.
Mrs. Townshend recommended, since Mr. Koenig had done the research on this and
was not present, that this item be removed from the November 9, 2015 City Council
Consent Agenda so that the fee could be included and this item could get the proper
airing at the Council meeting.
Mr. Anderson stated that the concept of a credit check fee was good but that the
amount would matter.
Mr. Sudler withdrew his motion to recommend adoption of the referenced fees, to be
implemented on January 1, 2016, as recommended by staff, and including the fees
for credit checks and the additional items discussed.
Mr. Hudson stated his belief that the cost for a credit check was $10.
Mr. Anderson felt that $10 or $15 was not an unreasonable fee.
Mr. Hare asked if the hundreds of thousands of dollars that were owed by customers
had been given over to a collection agency. Mr. Hudson confirmed that this had been
done and that he and Mrs. Donna Mitchell, Controller/Treasurer, may be looking for
a new collection agency, preferably one (1) that might be able to go outside the
boundaries of the State to pursue those who might have fled to other places.
Mr. Sudler moved to recommend adoption of the referenced fees, to be implemented
on January 1, 2016, as recommended by staff, and to add a credit check fee of $20,
seconded by Mr. Cole.
Mr. Slavin encouraged incorporating built-in escalators to the fee increases so that
it would not be necessary to come back and make amendments as the costs driving
the fees increase. For instance, rather than putting a specific amount on the credit
check fee, he suggested passing the cost of the credit report along to the customer,
so that as the cost goes up, the customer’s fee would increase.
In response to Mr. Slavin, Mr. Sudler stated that the motion was only proposing to
pass through the amount the City is charged for a customer.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 25
Mr. Slavin suggested an amendment to the motion to say that the fee would be
whatever the cost of the credit report would be.
Mr. Sudler inquired if 60 days’ notice would be given to residents when these
changes are made. Responding, Mrs. Townshend stated that the changes would
require adoption of an ordinance that would have a first and second reading. The
fees would become effective January 1, 2016, which would give staff an opportunity
to communicate information about the fees and put notices up at Customer Services
stating that copies of utility bills would cost $1.00.
Responding to Mr. Hare as to whether Customer Services can provide an account
balance without printing it, Mrs. Townshend explained that a Customer Services
representative can do this; however, a printed copy of the bill must be presented to
the cashier with payment.
Mr. Hudson advised members that individuals can look up information for
themselves at the kiosk at any time.
Mrs. Townshend stated that customers can print their own bills from the City’s
website as well.
Responding to Mr. Hare, Mrs. Townshend stated that Customer Services
representatives cannot take cash.
Mr. Hudson encouraged members to go by and take a look at the Customer Services
area, noting that new walls had been put in and the design was different. He
indicated that security improvements were being made and Advantech, Inc. was
currently putting in new security doors, etc. Mr. Hudson explained that only those
who work with cash will have access to the back area where cash goes in and out.
Mr. Cole stated that an amendment to the motion was needed for the credit check fee
to read “will covers costs as is.”
Mr. Hare indicated that staff time was involved in addition to the credit check cost,
noting that $20 would include a little bit extra over a $10 or $15 credit check cost.
Responding, Mr. Hudson stated that one of the supervisors advised him that once the
credit report is in hand, it could typically take 15 to 20 minutes to process the
customer. He believed that $20 would adequately cover not only time spent with that
customer, but also the paper and other things that are associated.
Mrs. Townshend suggested setting the fee at cost of service plus 10% or 15%.
Mr. Hare suggested that the fee be set at the cost of service plus $10.
Mr. Anderson felt that this fee was not unreasonable.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 26
Mr. Sudler moved to amend the motion to specify that the fee for credit checks be set
at the cost of service plus $10, seconded by Mr. Cole and unanimously carried.
The Committee recommended adoption of the referenced fees, to be implemented on
January 1, 2016, as recommended by staff, and to add a credit check fee at the cost
of service plus $10.
During the Regular Council meeting, Mr. Scott Koenig, City Manager, stated that staff had
developed several proposed revenue sources. New fees were proposed for temporary certificates of
occupancy for residential structures at $75 and non-residential structures at $100, zoning
verification/administration interpretations at $50, and copies of utility bills at $1.00. He advised
members that during the Committee meeting, members also discussed instituting a credit check fee
at the cost of service plus $10 for the administrative processing. Mr. Koenig advised that the
estimated value of these new revenues would be approximately $31,760.
Mr. Neil moved for acceptance of the Committee’s recommendation to adopt the referenced fees,
to be implemented on January 1, 2016, as recommended by staff, and to add a credit check fee at the
cost of service plus $10, seconded by Mr. Hutchison.
Mr. Anderson stated that he was pleased that the City did not try to raise the fees too high, too fast,
noting that many of the proposed fees had not changed in a decade. He expressed his opinion that
the increase was fairly conservative and congratulated staff on making sure that economic growth
was not hampered by the need to keep pace with cost. Mr. Anderson stated that he was not big on
increasing fees and taxes; however, he would support the proposed fees because he thought that
staff’s reasoning was valid.
The motion for acceptance of the Committee’s recommendation to adopt the referenced fees
(Exhibit #2), to be implemented on January 1, 2016, as recommended by staff, and to add a
credit check fee at the cost of service plus $10 was carried by a unanimous roll call vote (Lewis
absent).
Review and Maintenance of Fees - Planning and Customer Service Departments
Members were advised that during the FY-2016 budget hearings, City Council
directed staff to review various City fees and submit recommendations for
consideration by City Council. Several fees in the Planning and Inspections and
Customer Service Departments were recommended for increases.
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
reviewed the recommended proposed fee increases and the estimated annual revenue
from the increases. She explained that the recommendations relating to the Customer
Services Department were to increase the returned check fee from $25 dollars to $40
dollars and to increase the after-hours utility reconnection fee between the hours of
5:00 p.m. and 9:00 p.m. from $50 to $100, because staff was being paid overtime,
on-call pay, or callback pay to reestablish that service.
Staff recommended adoption of the referenced fee changes, to be implemented on
January 1, 2016.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 27
Ms. Maucher questioned if a cost-of-service study was done to determine rates,
noting that $100 for an after-hours utility reconnection seemed low. Responding,
Mr. Hudson stated that the desire was not to become so high as to make money. He
stated that the $100 fee had been discussed with the Customer Services Department
and this was believed to be a fair amount. Mr. Hudson advised members that this
amount would cover the cost.
Mr. Hare asked if $100 would cover all of the expenses to call someone in to turn on
service.
Mrs. Townshend stated that typically when someone is called in they are not just
reestablishing one (1) service.
Concurring, Mr. Hudson stated that there would be a list of locations, perhaps a
hundred for each employee.
Mr. Hare questioned what would happen if this service was needed for only one (1)
person.
Responding to Mr. Cole as to whether staff tried to schedule multiple reconnections
at the same time, Mrs. Townshend stated that with the number of cuts that the City
does, the need would be for more than one (1) reconnection.
Ms. Maucher questioned why there were so many after-hours reconnects and how
many of them were typically done. Responding, Mr. Hudson stated that he could
provide this information, noting that the number varies. He stated that most
reconnections are done during the day; however, there are times when staff has to go
out after 5:00 p.m.
Responding to Ms. Maucher as to why reconnections cannot be deferred to the next
day, Mr. Hudson stated that these needs occur either because staff may have not been
able to get to them or the reconnection was scheduled after the daily schedule was
prepared. Mrs. Townshend explained that this sometimes has to do with the time that
the customer brings their account current, noting that if this is done in the afternoon,
the reconnection cannot be scheduled for that afternoon.
Responding to Mr. Hosfelt, Mr. Hudson and Mrs. Townshend expressed their belief
that after-hours utility connections would be done between 5:00 p.m. and 9:00 p.m.
and no later than 9:00 p.m.
Mr. Hosfelt asked if there were crews that work 3:00 p.m. to 11:00 p.m. and if this
would be overtime or on-call. Responding, Mrs. Townshend stated her belief that
this would be overtime but indicated that this could be verified before the Council
meeting.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 28
Mr. Hosfelt stated his belief that $100 would not come close to covering the cost of
on-call pay and call-out pay on top of that, if he was recalling the union provisions
correctly. He felt this amount seemed low.
Mrs. Donna Mitchell, Controller/Treasurer, stated that $100 would probably just
cover a meter reader’s cost with benefits. She expressed doubt that it would cover
an International Brotherhood of Electrical Workers (IBEW) union member, such as
a line crewman, etc., noting that gas and equipment would have to be covered.
In order to ensure fairness, Mr. Sudler felt that there should be a time frame specified
for when the $100 fee would be charged after the customer brings their account
current, such as after 3:00 p.m.
Mrs. Townshend explained that staff goes out around 7:00 a.m. to do disconnects.
Customers begin calling when Customer Services opens at 8:30 a.m. People who
bring their accounts current in the morning can be scheduled for reconnection in the
afternoon. If they do not come in until the afternoon, staff’s afternoon reconnection
schedule is already full and additional reconnections are done in the evening. When
they come in to pay, customers are told what the connection fee will be.
Mr. Sudler asked if there was a fixed time frame indicating, for example, that if the
customer comes in after 12:00 p.m. they are subject to the additional charge.
Responding, Ms. Townshend stated that this information could be provided at the
City Council meeting. Mr. Hudson stated his belief that it was around 11:00 a.m. or
11:30 a.m.
Mr. Sudler noted that 11:00 a.m. and 11:30 a.m. were still in the morning.
Responding, Mr. Hudson stated this was getting into the afternoon and people would
be taking lunch.
Responding to Mr. Hare, Mrs. Townshend stated that the reconnection rate was $50
during normal working hours.
Mr. Sudler felt that charging the higher fee after 12:00 p.m. would be fair because
this would be considered the afternoon.
Mr. Hudson stated his belief that 11:30 a.m. was the cutoff for adding new people to
the list before staff goes out for the afternoon.
Mr. Sudler felt that the 11:30 a.m. deadline should be posted so that the constituents
of Dover are aware. Mr. Sudler stated that his desire was to ensure that all bases are
covered because he could see his constituents complaining about this.
Mr. Hare questioned whether it would be those that do not pay their electric bill that
would be complaining about reconnecting.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 29
Ms. Maucher asked if reconnection could be deferred to the next day if customers pay
after 1:00 p.m. unless there was an emergency circumstance, feeling that it was odd
to send people out after-hours.
Mr. Hudson stated that it was getting cold and staff would prefer to get people
reconnected as soon as possible, noting that some have electric heat.
Mrs. Townshend stated that usually if utilities were cut, this would mean water was
being cut as well, which would mean these customers would not have plumbing.
Ms. Maucher asked if the additional $50 was just for electric or for any utilities.
Responding, Mrs. Townshend stated her belief that the fee was for full reconnection.
Mr. Anderson stated that he was all for adjusting the fees because they made sense,
noting that the costs are different for those who come in or go online before
11:30 a.m. and those who do not.
Mr. Anderson advised members that the people he has the pleasure to deal with are
not those making $100,000 per year, but are paycheck-to-paycheck people, and if
they get the flu and have to miss a week of work, it is a crisis. He expressed the
desire to make sure that there are proper extensions for extraordinary circumstances,
such as for a person that has been laid up for two (2) weeks with the flu or has been
in the hospital and has not been able to pay their bill. He stated that he had dealt with
these situations and brought people to City Hall who were unable to pay their bills
because they had been in the hospital.
Mr. Hare questioned if these individuals in the hospital that were unable to pay their
bills did not have someone to pay their bills for them. Responding, Mr. Anderson
said they did not, noting that not everyone has someone who can do this and a lot of
people live alone.
Mr. Hudson stated that the average person has 21 days to pay their bill. If they are
unable to pay, the amount carries over to the next month. The customer then has a
current bill and an unpaid back bill. Mr. Hudson indicated that the customer often
pays the back bill, makes a payment arrangement for the bill going forward, and then
has another 21 days to pay the current bill that they should have paid. They may
continue to not pay the current bill but pay the arrears. If this is a first time situation
or not a continued situation, they are given 45 days to pay the bill. [City Clerk’s
Office Note: Subsequent to the meeting, the City Clerk’s Office was informed that a
three (3) day extension is provided to those who are unable to pay their bills at the
end of the 45 days.] Mr. Hudson felt that this was way too long if the City was to be
run like a business. He felt that ideally when a bill has a current and previous
balance, there should be a note saying that the customer must pay their full bill,
noting that back bills were causing a problem for Customer Services and resulting
in a lot of receivables. Mr. Hudson felt that the City should put its foot down.
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CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 30
Mr. Anderson stated that instead of using extensions for hardship situations, the City
basically went to almost an open-ended system where people could give themselves
extensions. He believed that the City had given up its discretion and this could be
regained to be used for the people who have a hard time.
Mr. Hudson stated that there are people who know how to play the game and know
that if they only pay their back bill they have 21 more days to pay on the front end
and can keep carrying this over and over again.
Mr. Sudler stated that it would be great if this could be handled on a case-by-case
basis to address outstanding circumstances, but he felt that the new policy should be
that the City wants all monies owed when there is a current and a back bill.
The Committee recommended adoption of the referenced fee changes, to be
implemented on January 1, 2016, as recommended by staff.
During the Regular Council meeting, Mr. Scott Koenig, City Manager, reviewed the estimated
annual revenue projected for the proposed increases for existing fees. He stated that the total
estimated annual revenue was approximately $224,305, noting that this total did not include the
zoning verification letter revenue, since it was included with the proposed new revenue sources
adopted by Council during consideration of the previous agenda item.
Mr. Sudler moved for acceptance of the Committee’s recommendation to adopt the referenced
fee changes (Exhibit #3), to be implemented on January 1, 2016, as recommended by staff. The
motion was seconded by Mr. Hosfelt and carried by a unanimous roll call vote (Lewis absent).
[City Clerk’s Office Note: Subsequent to the meeting, Exhibit #3 was revised to include staff
corrections to Exhibit A - Planning Inspections Fees.]
Status of Performance Audit of Civilian Side of City Government
Due to time constraints, the Committee deferred consideration of this item until the
next meeting.
Proposed Change to Committee Meeting Format
Mr. Hutchison stated that he wished to propose a change to the way in which
committee meetings were being held. He noted that committee meetings are held on
the same day as City Council meetings, with meeting times beginning at 3:30 p.m.
and extending until approximately 7:00 p.m. Mr. Hutchison reminded members that
three (3) members of Council serve on each committee, with one (1) serving as chair,
along with two (2) civilian members. He noted that there are four (4) standing
committees: Legislative, Finance, and Administration Committee; Utility
Committee; Safety Advisory and Transportation Committee; and Parks, Recreation,
and Community Enhancement Committee.
Mr. Hutchison advised members that he and Mrs. Traci McDowell, City Clerk,
attended a Kent County Levy Court committee meeting to observe their process and
they are run very differently. He explained that the Kent County Levy Court
committee meetings are held on a different night than the Levy Court meeting, the
Page 34
CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 31
president presides over the committee meeting, each committee has a chairperson,
and every elected member of Levy Court is automatically a member of each
committee; therefore, there is a committee of the whole. Mr. Hutchison felt that
committee meetings were some of the most important things done in the City, outside
of Council meetings. He noted that the City’s elected officials have full-time jobs,
which makes it difficult to attend these meetings.
Mr. Hutchison stated that the City was different from Kent County in that it has
civilian committee members, which he thought was fine. He indicated that he was
only talking about changing to a format that would allow Council to operate as a
committee of the whole, where every Council member is a member of each of
committee, there would be one (1) chair of each committee, and the Council
President would preside. Mr. Hutchison stated that all nine (9) members of Council
would be present at the committee meeting, noting that this had not occurred in his
experience. Mr. Hutchison strongly encouraged considering this change, which he
felt would be more efficient and effective and would allow greater opportunity for
interaction and networking among elected officials and civilians.
Mr. Sudler inquired if Mr. Hutchison had a blueprint of what he was suggesting for
members to review. Responding, Mr. Hutchison stated that his purpose was to
discuss this suggestion and see what the thoughts were. He promised, if there were
a consensus, that he would have a blueprint at the next Committee meeting.
Mr. Sudler indicated that he liked what he heard.
At the request of Mr. Hare, Mr. Hutchison stated that he would bring a blueprint with
times for the next meeting, when there would be more time for discussion.
Mr. Hare indicated that this matter would be placed on the next agenda.
Mr. Hare moved for acceptance of the Legislative, Finance, and Administration Committee
Report, seconded by Mr. Sudler and unanimously carried.
MONTHLY REPORTS - SEPTEMBER 2015
By motion of Mr. Neil, seconded by Mr. Cole, the following monthly reports were accepted by
consent agenda:
City Assessor’s Report
City Manager’s Report
City Planner’s Report
Controller/Treasurer’s Budget Report
Economic Development Office Report
Police Chief’s Report
Page 35
CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 32
QUARTERLY REVIEW OF CAPITAL INVESTMENT PLAN (CIP) (JULY, AUGUST, AND
SEPTEMBER)
Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of
September 30, 2015.
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Report for the Capital
Investment Plan (CIP) as of September 30, 2015, seconded by Mr. Cole carried by a
unanimous roll call vote (Lewis absent).
APPOINTMENTS - COMPENSATION COMMISSION - TWO (2) YEAR TERMS TO
EXPIRE MAY 2017 (DEFERRED DURING THE MEETING OF MAY 26, 2015)
By consent agenda, Mr. Neil moved for approval of the following appointments to the
Compensation Commission, seconded by Mr. Cole and carried by a unanimous roll call vote
(Lewis absent).
James Brockton (Councilman Neil)
Clarence (Bud) Wagner II (Councilman Lewis)
Kim Hawkins, Human Resources Director (Ex-Officio)
Donna Mitchell, Controller/Treasurer (Ex-Officio)
REVIEW OF CHAPTER 66 - MANUFACTURED HOMES AND TRAILERS AND
APPENDIX B - ZONING, ARTICLE 3 - DISTRICT REGULATIONS, SECTION 1 -
ONE-FAMILY RESIDENCE ZONES AND PROPOSED ORDINANCE #2015-20
AMENDING APPENDIX B - ZONING, ARTICLE 12 - DEFINITIONS
Mrs. Ann Marie Townshend, Director of Planning and Community Development, informed members
that, following the issuance of a building permit for the construction of a manufactured home on a
property within the R-8 (One Family Residence) Zone, several residents and members of City
Council expressed concerns about the appropriateness of this housing type within the One Family
Residence Zones. She stated that staff subsequently reviewed literature available about
manufactured housing and developed recommendations for amending the code to prohibit
manufactured housing in One Family Residence Zones and to update code requirements in the Dover
Code of Ordinances, Chapter 66 - Manufactured Homes and Trailers, and Appendix B - Zoning.
Mrs. Townshend reviewed a presentation regarding terminology related to Manufactured Homes
(Exhibit #4).
Staff recommended introduction of an ordinance to amend the definition of “dwelling, one-family”
and to add a definition for “manufactured home,” with referral to the Planning Commission on
December 21, 2015 and public hearing and action by City Council on January 11, 2016. [City
Clerk’s Office Note: Subsequent to the meeting, the Clerk’s Office was advised that the Planning
Commission’s December meeting would be rescheduled for December 16, 2015.]
Staff also recommended, within the next 6 -12 months, the following: 1) full review of Dover Code
of Ordinances, Chapter 66 to determine what components of the chapter are relevant and should be
retained, and what components should be eliminated. Any provisions that appear to regulate
placement should be eliminated, as these requirements need to be in the Zoning Ordinance; 2) full
review of MHP (Mobile Home Park) Zone to ensure that the zone is current with best practices; and
Page 36
CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 33
3) full review of the Residential Zones and associated definitions. There are other areas that need to
be tightened up to provide clarity on a number of matters that could affect the character of
neighborhoods throughout the City.
Mr. Neil noted his belief that the City only had three (3) manufactured home communities; however,
he stated that problems existed within these communities and it was his hope that this chapter could
include licensing for a rental property. He thought that licensing would provide for regular
inspections of the communities to ensure they are maintained in accordance with City, State, and
Federal codes.
In response to Mr. Hare, Mrs. Townshend stated that a permanent foundation is something that is
in footers. She explained that the second part of the definition change is important because it makes
it clear that a manufactured home and a mobile home would not be included in the definition and that
all one-family dwellings would be constructed in accordance with Chapter 22 - Buildings and
Building Regulations of the Dover Code.
Mr. Hare asked whether the manufactured mobile home which was recently permitted for
construction on a property within the R-8 (One Family Residence) Zone would be on a permanent,
unmovable foundation and if all wheels, axles, and other minor incidental operations would be
removed, in accordance with the Dover Code. Responding, Mrs. Townshend explained that the
permanent foundation consists of the piers that are set in footings. She stated that one (1) of the
City’s building inspectors had been certified by the State to inspect the construction of manufactured
housing, and it was all being done in accordance with the regulations. Mrs. Townshend advised that
there would be a block foundation wall that would also be set on footings, and it was her belief that
the axle would be removed but the metal chassis would remain because it was the structural support
component. She stated that the chassis would not be viewable because it would be behind the wall.
Mrs. Townshend advised that the home would be sitting on a permanent foundation and would look
like a ranch house.
In response to Mr. Hare, Mrs. Townshend stated that a certificate of occupancy would not be issued
until all code requirements are met.
Mr. Neil moved to accept staff’s recommendation for the introduction of an ordinance to
amend the definition of “dwelling, one-family” and to add a definition for “manufactured
home,” with referral to the Planning Commission on December 21, 2015 and public hearing
and action by City Council on January 11, 2016, while also looking at the issue of licensing of
lease land communities. The motion was seconded by Mr. Hare and unanimously carried.
(The First Reading of the ordinance will take place during the latter part of the meeting.)
[City Clerk’s Office Note: Subsequent to the meeting, the Clerk’s Office was advised that the
Planning Commission’s December meeting would be rescheduled for December 16, 2015.]
Mr. Neil moved to accept staff’s recommendation that within the next 6-12 months, the
following will occur: 1) full review of Dover Code of Ordinances, Chapter 66 to determine
what components of the chapter are relevant and should be retained, and what components
should be eliminated. Any provisions that appear to regulate placement should be eliminated,
as these requirements need to be in the Zoning Ordinance; 2) full review of MHP (Mobile
Page 37
CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 34
Home Park) Zone to ensure that the zone is current with best practices; and 3) full review of
the Residential Zones and associated definitions. There are other areas that need to be
tightened up to provide clarity on a number of matters that could affect the character of
neighborhoods throughout the City. The motion was seconded by Mr. Hare and unanimously
carried.
FIRST READING - PROPOSED ORDINANCE #2015-20 AMENDING APPENDIX B -
ZONING, ARTICLE 12 - DEFINITIONS
Council President Slavin reminded the public that copies of the proposed ordinances are available
at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Since the
ordinance amends the Zoning Code, a public hearing is required. Staff recommended referral of the
amendments to the Planning Commission on December 21, 2015 and that a public hearing take place
during the Council Meeting of January 11, 2016, at 7:30 p.m., at which time final action by Council
will take place. [City Clerk’s Office Note: Subsequent to the meeting, the Clerk’s Office was advised
that the Planning Commission’s December meeting would be rescheduled for December 16, 2015.]
Mr. Hare moved to refer the amendments and set a public hearing before City Council for
January 11, 2016 at 7:30 p.m., as recommended by staff. The motion was seconded by Mr.
Neil and unanimously carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
< PROPOSED ORDINANCE #2015-20 AMENDING APPENDIX B - ZONING, ARTICLE 12 -
DEFINITIONS
FINAL READING - PROPOSED ORDINANCE #2015-19
The First Reading of the following proposed ordinance was accomplished during the Council
meeting of October 26, 2015.
Proposed Ordinance #2015-19 Amending Appendix C - Downtown Redevelopment, Article II -
Definitions, Section 4 - Target Area
Mr. Hutchison moved that the Final Reading of the proposed ordinance be acknowledged by
title only, seconded by Mr. Hare and unanimously carried.
By motion of Mr. Hare, seconded by Mr. Hosfelt, and carried by a unanimous roll call vote
(Anderson and Lewis absent), Ordinance #2015-03 was adopted, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Appendix C - Downtown Redevelopment, Article II - Definitions, Section 4 - Target Area of
the Dover Code be amended to read as follows:
High Priority Target Area shall mean that part of the city more particularly described as bounded
by the street center lines as follows:
Page 38
CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 35
From the intersection of the centerlines of North Governors Avenue and Mary Street south
to the intersection of the centerlines of North Governors Avenue and Fulton Street, east to
the intersections of the center lines of Fulton Street and North State Street, south to the
intersection of the center lines of South State Street and Loockerman Street, east 202 feet and
then south 172 feet and then west 36 feet and south 73 feet, and west along the right-of-way
of North Street for 136 feet, and then south 45 feet along the center line of State Street and
then east 73 feet along the south right-of-way of North Street and then south 71 feet, and then
west 11 feet and south six feet and west 20 feet and south 135 feet and west 8 feet and then
south 22 feet, then west following the centerline of The Green to the south intersection of the
center lines of South State Street and The Green, south to West Water Street and south 218
feet and west 205 feet and southwest 41 feet and west 246 feet and north 102 feet and west
103 feet and northwest 3 feet and west 40 feet and southwest 9 feet and west 44 feet and
north to the intersection of South Governors Avenue and the centerline of West Water Street
and west to the intersection of the center lines of West Water Street and South Queen Street,
south along the center line of South Queen Street 541.11 feet and then west to the center line
of South West Street, and north to the intersection of the center lines of West North Street
and South West Street, and west to the intersection of the center lines of West North Street
and Clarence Street and north to the intersection of the center lines of Clarence Street and
Slaughter Street, and west along the center line of Slaughter Street to Cherry Street and north
along the center line of Cherry Street to the intersection with the center line of Lincoln Street,
and east along the center line of Lincoln Street to the intersection of the center lines of Forest
Street and South West Street, and north along the center line of South West Street to the
intersection of the center lines of West Street and West Division Street, and west to the east
property line of the Norfolk Southern railroad track, and north along this property line to the
intersection with the center line of Mary Street, and west to the intersection of the center
lines of Mary Street and North Governors Avenue.
ADOPTED: NOVEMBER 9, 2015
COUNCIL AND COMMITTEE MEETINGS - HOLIDAY SCHEDULE
Council President Slavin noted that, as Council had done in the past, due to the holiday season,
it was recommended that the Safety Advisory and Transportation; Utility; and Legislative,
Finance, and Administration Committee Meetings and City Council Meeting scheduled for
December 28, 2015 be cancelled. He assured members that if the need arose, Special Meetings
would be called.
Mr. Neil moved to cancel the Council and Committee Meetings as presented by Council
President Slavin, seconded by Mr. Cole and unanimously carried (Anderson and Lewis
absent).
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Hare announced that there would be a Second District meeting held on
Thursday, November 19, 2015 at 7:00 p.m. at St. John’s Lutheran Church, 113 Lotus Street, noting
that a representative from the Police Department would be in attendance.
Page 39
CITY COUNCIL MEETING OF NOVEMBER 9, 2015 PAGE 36
Mr. Sudler thanked Tom Armstrong, the owner of Tom’s Bullpen for allowing the Fourth District
Councilmen to conduct a town hall meeting at his restaurant on November 19, 2015 from 6:30 p.m.
to 8:00 p.m., to develop strategies for the Hamlet community to curb the violence in the Hamlet
Shopping Center. Mr. Sudler stated that a City of Dover code enforcement officer, as well as a
community police officer, would be in attendance to listen to the concerns of the community. He
noted that the meeting was for all residents of the City of Dover and light refreshments would be
served.
Mr. Hosfelt reminded members that Wednesday, November 11, 2015 is Veterans Day and asked all
to take the time to thank a veteran for all of the sacrifices they have made for us and our country.
Mr. Neil moved to adjourn into the Special Council meeting, seconded by Mr. Anderson and
unanimously carried.
Meeting adjourned at 8:51 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of November 9, 2015, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2015\11-09-2015.wpd
Exhibits
Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 1032-1058 South Dupont Highway
Exhibit #2 - Proposed New Revenue Sources - Planning and Inspections Department and Customer Services
Department
Exhibit #3 - Proposed Fee Increases - Planning and Inspections Department and Customer Services Department, as
Revised by Staff Subsequent to the Meeting
Exhibit #4 - Presentation - Manufactured Homes
Page 40
EXHIBIT #1
Regular Council Meeting of 11/09/2015
Violation of Dangerous
Building Ordinance
1032 – 1058 S DuPont Hwy
EXHIBIT #1
Planning & Inspections Department
Dover, Delaware
Regular Council Meeting of 11/09/2015
November 9, 2015
Page 41
1032 – 1058 S DuPont Hwy
Case History
The structure was condemned by City Staff on
September 3, 2014, due to possible asbestos
contamination with businesses located on the first
floor of the structure.
Renovations and asbestos abatement had begun
on the second floor without any permits.
The abatement area was not properly contained,
causing asbestos fibers to enter the business
tenant spaces on the first floor.
Walls were removed on the second floor without
building plan review or permits
Utilities were terminated on March 12, 2015
Registered as a vacant building on March 30, 2015
Page 42
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(5) Unfit for habitation.
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Page 59
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Page 66
Recommended Council Action
Declare this building on this property dangerous.
Order the property demolished by December 9, 2015 by the
owner or equity owner at their own risk.
Order the Building Inspector to cause the demolition of the
structure if not completed by the owner within 10 days of the
date established by City Council.
Order the City Manager with the assistance of the City Solicitor to
cause the cost of demolition to be charged against the land on
which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as
a special tax, or to be recovered in a suit at law against the owner.
Page 67
EXHIBIT #2
Regular Council Meeting of 11/09/2015
ACTION FORM
PROCEEDING: Legislative, Finance, & Administration Committee
DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: 10/20/2015
PREPARED BY: Scott D. Koenig, P.E., City Manager; Ann Marie Townshend, AICP, City Planner
SUBJECT: Proposed New Revenue Sources
RELATED PROJECT: N/A
REVIEWED BY: City Manager, Controller/Treasurer
EXHIBITS: N/A
EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A
FUNDING SOURCE (Dept./Page in CIP & Budget): N/A
TIMETABLE: Implement new fees on January 1, 2016.
RECOMMENDED ACTION: Recommend to City Council the adoption of the referenced fees.
BACKGROUND AND ANALYSIS
During the FY-2016 budget hearings, City Council directed staff to review various city operations and submit requests for
potential revenue sources. Staff conducted internal requests for suggestions regarding revenue sources and/or cost
recovery sources. Below is a listing of the items staff is recommending action on and the annual revenue associated with
the item:
Proposed New Revenues
Proposed Projected
Fee Type Explanation
Amount Revenue
Temporary Certificate of Occupancy $75.00 $200.00
(TCO) - Residential
Currently regular CO fee is charged. Other
locations charge a separate fee for TCO due
to the work involved in tracking them and
following up. Under this proposal, a TCO
would be valid for a maximum of 45 days
and the fee would be paid for each renewal.
Temporary Certificates of Occupancy - $100.00 $2,000.00
Non-Residential
Zoning Verification/Administrative $50.00 $5,000.00
Interpretations Zoning verification letters and administrative
interpretations involve staff time to
complete, and currently there is no fee.
Other jurisdictions charge a fee. The
proposed fee is to reflect capturing the cost
of the service provided.
Utility Bill Copies - Customer Service A random sample day yielded 118 copies
printed in a day. This equates to $26,550.00
annualized. Staff believes the actual
revenue will substantially decline once a
$1.00 $10,000.00 charge is adopted.
Total Projected Revenue $17,200.00
Page 68
EXHIBIT #3
Regular Council Meeting of 11/09/2015
ACTION FORM
PROCEEDING: Legislative, Finance, & Administration Committee
DEPARTMENT OF ORIGIN: City Manager’s Office DATE SUBMITTED: 10/20/2015
PREPARED BY: Scott D. Koenig, P.E., City Manager; Ann Marie Townshend, AICP, City Planner
SUBJECT: Review & Maintenance of Fees – Planning & Customer Service Departments
RELATED PROJECT: N/A
REVIEWED BY: City Manager, Controller/Treasurer
EXHIBITS: Exhibit A – Planning & Inspections Fees
EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A
FUNDING SOURCE (Dept./Page in CIP & Budget): N/A
TIMETABLE: Implement revised fees on January 1, 2016.
RECOMMENDED ACTION: Recommend to City Council the adoption of the referenced fee changes.
BACKGROUND AND ANALYSIS
During the FY-2016 budget hearings, City Council directed staff to review various city fees and submit recommendations
for consideration by City Council. Exhibit A is a listing the various Planning & Inspections Department fees being
recommended for increases. In addition, there are several fees in Customer Services being recommended for increases.
These include the Returned Check Fee being increased from $25.00 to $40.00 and the Service Fee for After Hours Utility
Reconnection from $50.00 to $100.00 between 5:00 p.m. – 9:00 p.m. The anticipated additional annual revenue is
summarized below.
Estimated Annual Revenue from Proposed Increases
Planning Application Fees $ 7,000
Zoning Verification Letter $ 5,000
Public Occupancy Increase $ 10,000
Certificates of Occupancy $ 4,000
Mechanical $ 23,400
Plumbing $ 13,000
Rental Permits $ 80,000
Itinerant Merchant License $ 7,300
Vacant Buildings $ 40,000
Sign Permits $ 9,000
Returned Check Fees $ 10,605
Service Fee for After Hours Utility Reconnection $ 20,000
Total $ 229,305
Page 69
Exhibit A: Planning Inspections Fees
REVISED SUBSEQUENT TO THE COUNCIL MEETING OF 11/09/2015
Sub Type Last Updated Current Fee Proposed Fee
Type
Sign Permits (22-65) 2004 $.50 per SF/minimum fee $15 $.75 per SF/minimum fee $50
Temporary Sign Permits
2004 $ 15 $ 50
(Appendix B, Article 5)
Business License Itinerant Merchant 2010 $ 41.50 $ 100
$30.00 first 10,000 BTUs and $40.00 first 10,000 BTUs and
Heating permit ..... 2004 $5.00 each additional 10,000 $7.00 each additional 10,000
Mechanical BTUs or multiple thereof BTUs or multiple thereof
$30.00 per ton for the first five $40.00 per ton for the first five
Air conditioning permit ..... 2004 tons and $5.00 per ton over five tons and $7.00 per ton over
Mechanical tons or multiple thereof five tons or multiple thereof
$15.00 first 10,000 BTUsand
$5.00 each additional 10,000 $40.00 first 10,000 BTUs and
BTUs or multiple thereof and $7.00 each additional 10,000
$2.50 for each additional 10,000 BTUs or multiple thereof or
Heat pump permit ..... 2004
BTUs or multiple thereof and an $40.00 per ton for the first five
additional $15.00 for the first five tons and $7.00 per ton over
tons and $2.50 per ton for over five tons or multiple thereof
Mechanical five tons or multiple thereof
$25.00 first five fixtures and $35.00 first five fixtures and
Fixtures 2004
Plumbing $2.00 for each additional fixture $3.00 for each additional fixture
Garbage Disposal & Hot Water
2004 Minimum of $25 Minimum of $35
Plumbing Heaters
$20.00 for first 150 feet and $30.00 for first 150 feet and
Gas, water and sewer inspection
2004 $0.50 for each additional ten $0.75 for each additional ten
Plumbing underground feet or multiple thereof feet or multiple thereof
Single-family detached dwelling,
Rental Permits 2000 $ 90 $ 100
each dwelling .....
Single-family attached dwelling,
Rental Permits 2000 $ 70 $ 80
each dwelling .....
For the first three dwelling units
Rental Permits 2000 $ 90 $ 100
.....
For each additional dwelling unit
Rental Permits 2000 $ 30 $ 35
in excess of three .....
1 of 3
Page 70
Exhibit A: Planning Inspections Fees
Condominium units and
accessory apartments located
2000 $ 35
within structures principally used
for owner occupancy, each .....
Rental Permits $ 30
Vacant Building < 1 year 2006 $ 250 $ 375
Vacant Building 1-2 years 2006 $ 500 $ 750
Vacant Building 2-5 years 2006 $ 1,000
Vacant Building 2-3 years $ 1,000 $ 1,500
Vacant Building 4-5 years $ 1,000 $ 3,000
Vacant Building 5+ years 2006 $ 2,000 $ 5,000
Public Occupancy Permits Churches ..... 1993 $ 25 $ 50
Public Occupancy Permits Civic auditoriums ..... 1993 $ 25 $ 50
Public Occupancy Permits Clubhouses ..... 1993 $ 50 $ 100
$50.00 first 200 seats and
$25.00 first 200 seats and $2.50
Commercial auditoriums ..... $5.00 for each additional 50
Public Occupancy Permits 1993 for each additional 50 seats seats
Public Occupancy Permits Day care facilities ..... 1993 $ 25 $ 50
Hospitals, nursing homes or rest $5.00 first ten rooms and $1.25 $15.00 first ten rooms and
homes ..... for each additional room $2.00 for each additional room
Public Occupancy Permits 1993
Mercantile (10,000 square feet of
Public Occupancy Permits area or greater) ..... 1993 $ 25
$ 50
Outdoor public events, including
but not limited to firework
displays, carnivals, and outdoor
$ 25 $ 250
music concerts ..... (would be
amended to just include fire
Public Occupancy Permits works displays) 1993
Public Occupancy Permits Public office buildings ..... 1993 $ 25 $ 50
Public Occupancy Permits School ..... 1993 $ 25 $ 50
$25.00 for the first 200 seats $50.00 for the first 200 seats
Theaters ..... and $2.00 for each 50 and $5.00 for each 50
Public Occupancy Permits 1993 additional seats additional seats
Restaurants (10,000 square feet
N/A $ 50
Public Occupancy Permits of area or greater)….. N/A
Restaurants of any size that
Public Occupancy Permits serve alcoholic beverages N/A N/A $ 75
Subdivision Preapplication; filing fee ..... 2004 $ 200 200
2 of 3
Page 71
Exhibit A: Planning Inspections Fees
Preliminary layout; filing fee ..... 325
Subdivision 2004 $ 325
$150.00, plus $65.00 per acre $200.00, plus $85.00 per acre
for the first ten acres, $40.00 per for the first ten acres, $60.00
Plat; review fee ..... acre for the next ten acres and per acre for the next ten acres
$25.00 per acre for each acre and $45.00 per acre for each
Subdivision 2004 thereafter acre thereafter
Plats for minor lot line
Minor Lot Line Adjustment adjustments shall require a
Subdivision 2004 review fee of $100.00 $ 150
Plats for minor subdivisions shall
Minor Subdivision
require a review fee of $100.00
Subdivision 2004 $150 plus $15 per lot
Certificates of occupancy All properties zoned single-family 2004 $ 40 $ 60
residential .....
Certificates of occupancy All other property in other zoning 2004 $40.00 for the first 20,000 square $75.00 for the first 20,000
classifications, other than single- feet of building area plus the sum square feet of building area
family residential ..... of $10.00 for each additional plus the sum of $15.00 for
10,000 square feet of building each additional 10,000 square
area in excess of the first 20,000 feet of building area in excess
square feet or multiple thereof of the first 20,000 square feet
or multiple thereof
Board of Adjustment Variance for Residential 2004 $ 200 $ 300
Board of Adjustment Variance for Non-Residential 2004 $ 300 $ 600
Board of Adjustment Appeal 2004 $ 200 $ 300
Conditional Use 2004 $325 plus $15 per acre $425 plus $25 per acre
Site Plan Administrative Site Plans 2004 $ 125 $ 300
Site Plan Site Plan 2004 $ 325 $425 plus $25 per acre
Historic District Comm. 2004 $ 250 $ 250
Rezoning 2004 $325 plus per acre fee $425 plus per acre fee
Rezoning R-7, R-8, R-10, R-15, and R-20 2004 $10 per acre $25 per acre
RG-0, RG-1, RG-2, RG-3, RG-4,
Rezoning RG-5, RM-1, and RM-2 , and MHP 2004 $30 per acre $50 per acre
C-1, C-1A, C-2, C-2A, C-3, C-4,
Rezoning CPO, RC and IO 2004 $50 per acre $70 per acre
Rezoning SC-1, SC-2 and SC-3 2004 $60 per acre $75 per acre
Rezoning M, and IPM, and IPM2 2004 $60 per acre $75 per acre
3 of 3
Page 72
EXHIBIT #4
Regular Council Meeting of 11/09/2015
Manufactured Homes
EXHIBIT #4
Planning Office
Dover, Delaware
Regular Council Meeting of 11/09/2015
November 9, 2015
Page 73
Dover Code – Chapter 66 & Zoning
Ordinance (Appendix B)
Inconsistencies between provisions
Outdated definitions
Zoning definition for “Dwelling, One Family”
does not preclude manufactured homes
Page 74
Terminology
Manufactured Home: A factory‐built housing unit
designed and constructed to meet the U.S.
Department of Housing and Urban Development
(HUD) Code. A manufactured home is built on a
chassis that supports the structural integrity of the
home and to allow transport to the site. Factory‐built
units built to meet the HUD Code and constructed
after the code took effect on June 15, 1976 are
classified as “manufactured homes”.
Page 75
Terminology
Mobile Home: A factory‐built unit constructed on a
chassis and completed before June 15, 1976. Prior
to the HUD code, mobile homes were not subject to
uniform construction or safety standards.
Trailer: Trailers are technically recreational vehicles
that do not conform to either local building codes or
the HUD code. While still used by many to refer to
mobile or manufactured homes, these are not
technically trailers.
Page 76
Terminology
Modular Home: While often built in the same
factories, modular homes are built to the same state
or local building codes as site‐built homes and are
always placed on permanent foundations. Homes
are assembled in pieces at a factory and towed to
the building site where they are assembled to
construct the unit. This may be as simple as two
rectangular pieces, similar to a multi‐section
manufactured home, or very complex.
Page 77
Key Distinctions
Manufactured Homes
– Post June 15, 1976
– Built to HUD standards – not local building codes
Mobile Homes
– Pre June 15, 1976
– Not built to HUD standards or local building
codes
Modular Homes
– Stick built off site
– Required to comply with local building codes
Page 78
Recommended Code Changes
Immediate amendment to definition of
“dwelling, one family” and addition of
definition for “manufactured home”
Full review (6-12 months) of Chapter 66,
MHP Zone, Residential Zones and
associated definitions
Page 79
Dwelling, one family
Dwelling, one-family: A permanent dwelling unit
placed on a permanent foundation and designed
and intended for use by only one family. One-family
dwellings shall not include manufactured homes or
mobile homes but shall include modular homes
constructed to the standards of the Dover Code of
Ordinances, Chapter 22 – Buildings and Building
Regulations.
Page 80
Manufactured Home
Manufactured Home: A factory-built housing unit
designed and constructed to meet the Manufactured
Home Construction and Safety Standards of the U.S.
Department of Housing and Urban Development (HUD)
Code. A manufactured home is built on a chassis that
supports the structural integrity of the home and to
allow transport to the site. Factory-built units built to
meet the HUD Code and constructed after the code
took effect on June 15, 1976 are classified as
"manufactured homes."
Page 81
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee meeting was held on
November 9, 2015, at 3:30 p.m. with Chairman Anderson presiding. Members present were
Mr. Hosfelt, Mr. Caldwell, and Mrs. Horsey. Mr. Lewis was absent. Members of Council present
were Mr. Cole (arrived at 3:33 p.m.) and Mr. Hutchison.
AGENDA ADDITIONS/DELETIONS
Mr. Hosfelt moved for approval of the agenda, seconded by Mrs. Horsey and unanimously
carried.
Community Development Block Grant (CDBG) Program Quarterly Update (July, August, and
September)
Mrs. Tracey Harvey, Planner I, advised members that all of the Community Development Block
Grant (CDBG) FY 15 projects were currently underway, noting that contracts were signed in late
September and early October. She stated that Habitat for Humanity purchased a single-family home
located at 19 North New Street on November 2, 2015, and CDBG funds would be used to
rehabilitate the existing home to provide affordable housing to a qualifying family. Mrs. Harvey
informed members that the Mayor’s Task Force for Ending Veterans Homelessness had met its goal
by housing 36 homeless veterans within 200 days. The task force was now planning to meet its next
goal by housing an additional 14 veterans within the next 100 days, which would fulfill the Mayor’s
Challenge to End Veterans Homelessness by housing 50 homeless veterans by December 28, 2015.
Mr. Anderson, referring to the Mayor’s Task Force for Ending Veterans Homelessness, asked how
housing was defined. Responding, Mrs. Harvey stated that it was all permanent housing within the
City of Dover.
Mr. Anderson asked why the Connections Community Support Program had not yet drawn any of
their money for emergency housing. In response, Mrs. Harvey informed members that Connections
signed their contract in the middle of October and she was expecting them to send a draw soon.
Youth Advisory Committee Recommendations - New Year’s Eve Event
During the Parks, Recreation, and Community Enhancement Committee of October 12, 2015,
members considered recommendations from the Youth Advisory Committee, including a proposal
regarding a New Year’s Eve event and a request for support from the City for security, insurance,
public announcement stages, and facilities. The Committee recommended that the City Manager
evaluate the Youth Advisory Committee’s proposal for the event, including numbers, to see if the
proposal was doable this year or if it was something that must be planned for next year, and this
recommendation was approved by City Council during their meeting of October 26, 2015.
Mr. Scott Koenig, City Manager, advised members that he and Mrs. Ann Marie Townshend, Director
of Planning and Community Development, met with Councilman Anderson and two (2) other
representatives of the Youth Advisory Committee (YAC) on Tuesday, October 20, 2015 to review
their proposal for the New Year’s Eve Event. Mr. Koenig stated that, following that meeting, he was
provided with support documents and a narrative for the event. He informed members that the City’s
Page 82
PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 9, 2015 PAGE 2
insurance broker had indicated that the City can purchase a policy to cover this event based on the
narrative provided by the representatives for $433, noting that, at this time, this was an estimated fee
and the event narrative would have to be finalized in order for the City to confirm and finalize the
policy documents for the insurance company. Mr. Koenig advised that Extra Duty Police Officers
would be required to support this event. He explained that the YAC would need to work directly
with the Police Department, noting that the Department was not under the City Manager’s purview.
Mr. Koenig stated that all traffic control permits and authorizations for use of the State property for
fireworks must also be obtained by the YAC.
Mr. Koenig informed members that he suggested trying to slightly limit the event so that it was more
controllable for the YAC. It was his belief that his suggestions were considered by the YAC;
however, no formal commitments had been made at this time.
Mr. Koenig advised that no City funds were earmarked for the event, so there were concerns
regarding any overtime expenses that would be required of City staff, noting that this was a holiday
evening and it would be difficult to get staff to volunteer for the event activities. He reminded
members that, if those concerns were worked out, it was really up to Council as to whether they
would like to pursue this type of event.
Mr. Caldwell asked if the event would run from Legislative Hall to the Duncan Center and whether
the entire area would be blocked off for activities. Responding, Mr. Koenig referred to the map
provided by the YAC which depicted that the event would be held from the Legislative Mall area
to a vacant lot adjacent to the Duncan Center at the corner of New Jerusalem Way and
Loockerman Street. He stated that, to his knowledge, the YAC was only planning to block off the
roads where vendors would be set up in the Legislative Mall area.
Mr. Caldwell stated that he was concerned about safety, noting that this would be a cumbersome task
for two (2) or three (3) off-duty officers and two (2) cadets to cover. In response, Mr. Koenig stated
that it was his understanding that the areas that would be blocked off would be the typical areas
around Legislative Mall where people attend fireworks, and Loockerman Street and all other
intersections would be open to traffic.
Responding to Mrs. Horsey, Mr. Koenig confirmed that the YAC would be contacting the State
directly for authorization to use Legislative Mall.
Mr. Anderson informed members that the number of officers and cadets were set by Police Chief
Paul Bernat and his staff, so Mr. Anderson did not believe that would be a problem. He stated that
he was not sure that the event would go all the way to the Duncan Center, noting that this had not
yet been arranged. Although there were merchants who wanted the event to go that far,
Mr. Anderson advised that the footprint may end up being smaller than proposed.
In response to Mr. Hosfelt, Mr. Anderson stated that the Police Department recommended two (2)
off-duty officers and two (2) cadets.
Page 83
PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 9, 2015 PAGE 3
Mr. Anderson stated that, as suggested by Mr. Koenig, the YAC was considering ending the event
at 10:00 p.m. rather than midnight, which would address some security concerns and other issues.
Mr. Anderson expressed his opinion that ending at 10:00 p.m. would be a more manageable event
and a good place to start; however, it was a controversial decision and members of the YAC were
split on the idea.
Mr. Hutchison asked who would be responsible and accept liability for the event. Responding,
Mr. Koenig stated that this was the purpose of the rider on the City’s insurance policy. He explained
that it would be a separate policy that would prevent the City’s umbrella from being used should
someone get hurt or if there is damage related to the event. The separate rider policy would be
specifically for this event and cover the parameters of this event. If someone were injured, they
would be funneled through this separate policy. Mr. Koenig reiterated that there would be a $433
out-of-pocket expense to purchase the rider.
Mr. Anderson noted that there were already pledges to privately cover the cost of the insurance rider.
Mrs. Donna Mitchell, Controller/Treasurer, questioned who would pay the bills. She asked whether
the YAC got their own checkbook and if they were paying the bills and raising the funds. In
response, Mr. Anderson stated that there were pledges but a lot of that would end up going to the
City.
Responding to Mrs. Mitchell, Mr. Anderson stated that the bills would run through the City and the
donations would come to the City to pay for those bills. He noted that, currently, the only bills were
for insurance and extra duty police. Mr. Anderson stated that the money for the fireworks was being
raised separately, so it would be covered separately.
Mr. Koenig stated that the City would need to be reimbursed for all staff overtime. Mrs. Mitchell
asked whether the City would receive the money from the YAC up front or after the fact.
Responding, Mr. Anderson stated that the City would receive the money up front, noting that most
of the fund-raising should be done by December 15, 2015.
Staff recommended, if the event goes forward, the narrative must be finalized and all costs associated
with the event must have revenue commitments.
Mr. Hosfelt moved to recommend acceptance of the Youth Advisory Committee
recommendations provided by Mr. Koenig and Mrs. Mitchell in regard to the expenses and
insurance for the event, seconded by Mr. Caldwell and unanimously carried.
Mr. Hosfelt moved for adjournment, seconded by Mr. Caldwell and unanimously carried.
Meeting adjourned at 3:45 p.m.
David L. Anderson
Chairman
DLA/TM/dd/js
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2015\11-09-2015 PR&CE.wpd
Page 84
Memorandum
Office of the City Manager
PO Box 475
Dover, DE 19903
Phone: (302) 736-7005
FAX: (302) 736-7002
E-mail: skoenig@dover.de.us
To: City Council
From: Scott D. Koenig, P.E.
City Manager
Date: November 18, 2015
Subject: Youth Advisory Committee – New Year’s Eve Event
The Youth Advisory Committee has been planning a family oriented New Year’s Eve Event.
The event has been discussed at several meetings in recent weeks. As of the last discussion, the
proposed event would end with a fireworks display at 10:00 p.m. on December 31, 2015. The
following actions must be addressed to finalize the event from the City’s standpoint:
1. The final event narrative must be submitted to the City Manager’s Office by 5:00 p.m. on
Friday, December 4, 2015.
2. A special event insurance policy must be purchased from the city’s insurance provider.
The estimated cost is approximately $433.00. The funds to purchase the policy must be
delivered to the City of Dover by 5:00 p.m. on December 11, 2015.
3. The Youth Advisory Committee members must secure all permits for the event and road
closures by Friday, December 11, 2015.
4. The Youth Advisory Committee members must provide the required documentation to
use all private property associated with the planned event by 5:00 p.m. on Friday,
December 11, 2015. This includes any lists of additional insured required to use the
properties.
5. The funds to reimburse the City of Dover for Police Cadets and Extra Duty must be paid
to the City of Dover by 5:00 p.m. on December 11, 2015.
6. Sanitary facilities must be secured by the Youth Advisory Committee members for the
venue.
7. Due to the holiday, it is very unlikely that any non-police city staff will volunteer to staff
the event so the Youth Advisory Committee must be prepared to remove all trash and
debris from the event setting.
This is an administrative recommendation. City Council may add or delete from the above list as
they see fit.
sdk/SDK
cc: Mayor Robin Christiansen
Ann Marie Townshend, Director of Planning & Community Development
Page 85
UTILITY COMMITTEE
The Utility Committee Meeting was held on November 9, 2015 at 5:00 p.m. with
Chairman Hutchison presiding. Members present were Mr. Cole, Mr. Neil, Mr. Blakeman, and
Ms. Stewart. Members of Council present were Mr. Anderson (arrived at 5:08 p.m.) and Mr. Hosfelt.
AGENDA ADDITIONS/DELETIONS
Mr. Blakeman moved for approval of the agenda, seconded by Mr. Neil and unanimously
carried.
Electric Department Integrated Resource Plan (IRP) Information Discussion
Mr. Harry Maloney, Electric Director, advised members that the goal of the Integrated Resource Plan
(IRP) was to investigate the various physical and financial options open to the City to fulfill its
capacity and energy needs now and in the future in an environmental stewardship manner. He
explained that the study would be an all-hands approach from the Utility Department staff,
The Energy Authority (TEA) as the main consultant, City management staff, the Utility Committee,
the public, and City Council. Mr. Maloney stated that the study would proceed with data collection,
verification, consumption review, and approval, and then move into exploring the various solutions
to Dover’s energy and capacity needs and obligations. He noted that he would serve as the point
person between TEA and the City. In their negotiations over the past few years, TEA had offered
to do the study for free as part of their annual fee. Mr. Maloney indicated that he initially thought
that the project would go out for bid and wrote up a detailed Request for Proposals (RFP) outlining
the type of reports being sought. TEA reviewed the RFP and stated that they would prepare a letter
this week agreeing to proceed after some minor clarifications, noting that they had additional tools
they could use for the project.
Mr. Maloney explained that the overall process would take at least a year. He informed members
that TEA comes to the City for risk management meetings on the fourth Thursday of every month
and additional meetings could be scheduled, perhaps on Wednesday evenings preceding those
meetings, to discuss the IRP. He stated that TEA had also offered to be present twice within the year
for meetings as needed with the Utility Committee and/or Council and the public. Mr. Maloney
stated that efforts were being made to control costs, noting that this total project, if done by an
outside contractor, would cost close to $200,000. He indicated that the expense was related to model
runs using Pro Mod software, which is not cheap to run as it takes the data from all the generators
and load buses in part of the eastern United States and runs an economic dispatch to determine the
type of municipal generation construction that makes economic sense. Mr. Maloney advised
members that he had posted 72 different computer run models using ideas that had been developed
and they would be filtering through them. Mr. Maloney assured members that staff would be in
constant contact with the Utility Committee and everyone involved as they proceed with the study.
Mr. Blakeman stated that, in years past, the City had made a fair amount of revenue from off-system
sales, which the City no longer had the capability to do. Mr. Blakeman suggested that if there were
some way to structure the organization so that it would not be capped at the federal requirement to
stay at the load plus 10%, the City could be back in the business of selling power and making
off-system revenue, so that its customers would not be paying the whole cost. He was unsure if this
could legally be done; however, he felt it might be worth investigating.
Page 86
UTILITY COMMITTEE MEETING OF NOVEMBER 9, 2015 PAGE 2
Mr. Maloney advised members that Mr. Blakeman was referring to a 10% tax exempt bonding cap
for all utility debt. He indicated that the City cannot be a net seller and if this cap were exceeded,
the City would become a third-party independent generator that is subject to taxes and taxing bonds.
Mr. Blakeman stated that some municipalities are structured so that a board of directors runs the
utility. The municipality continues to own the property and receives a fixed revenue stream from
the utility. Mr. Blakeman was unsure if this would be enough to exempt the utility from being
municipally owned or not. He felt that the City may be losing an opportunity and was unsure if the
utility could be structured in this way.
Mr. Maloney stated that this was a tax question that they could explore. He advised that one (1) of
the reasons that the City was able to be energy efficient for its size was because the tax exempt status
for bonding provides an advantage, since the City serves the customers and citizens who back the
bonds. This allows the City to enjoy a 2% to 3% spread on bonding, which is a big investment in
capital.
Mr. Blakeman thought it might be worthwhile to see if enough off-system sales could be generated
to offset the loss on savings from the exemption from bond taxes.
Mr. Maloney advised members that generally if capacity was at 110%, systems were efficient, the
load was approximately 60 MW, and peak generation was 142 MW, theoretically the City could be
selling 50 MW. [City Clerk’s Office Note: Subsequent to the meeting, the City Clerk’s Office was
informed that the correct figure for peak generation was 110 MW.] Responding, Mr. Blakeman
noted that the City did not seem to do this.
Mr. Maloney stated that the City was now dealing with Calpine, which has a heat rate that is half that
of Unit 3, which is a 100 MW unit.
Mr. Blakeman noted that any system that might be built would be better than what the City currently
has, which could put the City back into this possible revenue stream at a limited amount.
Mr. Hutchison questioned when the last time a study such as the IRP was done. Mr. Blakeman, as
a former Electric Director for the City, stated that he was unsure.
Mr. Hutchison questioned how often such a study was recommended. Responding, Mr. Maloney
stated that in the past, load was plotted out, load growth was reviewed, and building was done to
meet the obligation. However, he explained that the current market and rules were changing so
much that it would be necessary to keep on top of it. Mr. Maloney stated that the Delaware
Municipal Electric Corporation (DEMEC) runs a brief model every couple of years. He indicated
that after building the model and getting it going, staff may revisit this study in a couple of years and
update it, rather than starting from scratch.
Page 87
UTILITY COMMITTEE MEETING OF NOVEMBER 9, 2015 PAGE 3
Quarterly Review of Utility Related Capital Investment Plan (CIP) (Electric and Water/
Wastewater) (July, August, and September)
Mr. Scott Koenig, City Manager, reviewed the Quarterly Report for the Capital Investment Plan
(CIP) as of September 30, 2015. He advised members that this report tracks capital improvement
projects; vehicle purchases planned for the Water/Wastewater, Electric, and General Funds; and
Community Transportation Fund spending. Mr. Koenig indicated that total funding sources were
estimated at $26.59M.
Mr. Koenig reviewed the major CIP projects in the General Fund. He explained that improvements
at the Garrison Oak Technology Park (GOTP) related to general infrastructure, including the roads,
curbs, sidewalks, and storm sewer system, would likely be completed by the end of the calendar year.
He indicated that the Self-Contained Breathing Apparatus (SCBA) and radio purchases for the
Fire Department were complete and that equipment for park and playground improvement would
be purchased as a carry forward from last year. Billing for the Street Program was being finished,
as well as storm sewer repairs and PW2 site improvements that were moved from last year’s budget
to the current year.
Mr. Koenig indicated that capital purchases had begun for the year and the annual contribution had
been made to the Robbins Hose Company. The farmhouse at the GOTP had been demolished and
abandonment of a small water supply well associated with the farmhouse was being completed. It
was expected that Lot 13, where the farmhouse was located, would be transferred to Advantech, Inc.
within the next 30 days.
Mr. Koenig advised members that a camera monitoring station would be installed at the police
station, and bids for the Fall component of the FY 16 Street Program would be considered by
City Council during their meeting scheduled for November 23, 2015. Staff was experiencing
difficulty getting the Salt Storage Barn Project completed, had bid it out several times, and was
making arrangements to bid it again. It was hoped that a successful bid would be received within
the parameters described. Mr. Koenig stated that emergency street and storm drain repairs were
underway.
In regard to the Community Transportation - Major CIP Projects, Mr. Koenig advised members that
a number of these projects were underway. Paving of the Village of Cannon Mill Phase I, II, and III
were complete, and it was hoped that the Phase IV, the final phase, would be complete by the end
of the year, before bad weather sets in.
In reference to the Water/Wastewater Improvement and Extension Fund - Major CIP Projects,
Mr. Koenig explained that the 1.0M gallon elevated water storage tank project planned for the
northwestern component of the City had lagged. He stated that it was hoped that staff would be
bringing a memorandum of understanding (MOU) with a property owner to Council soon, so that
the property could be purchased and tower construction could begin. Mr. Koenig noted that the
location of the property would be at the very edge of the City.
In regard to the water storage tank construction at the GOTP, Mr. Koenig informed members that
the exterior of a 1.5M gallon water tower was complete and its telemetry and control systems would
be completed over the next few weeks, with the expectation that the tower would be online just after
Page 88
UTILITY COMMITTEE MEETING OF NOVEMBER 9, 2015 PAGE 4
the first of the year. Sanitary sewer improvements, including the new pump station at the GOTP,
were being completed. The upgrade of the White Oak Farms Pump Station and the abandonment
of a small station on White Oak Road were moving toward completion by the end of the calendar
year.
Mr. Koenig stated that there had been difficulty getting the contractor for the FY14 Brandywine
Pump Station project to move forward, and Council members had been notified that during the past
weekend there was a sanitary sewer backup related to a bypass pumping failure with respect to this
project. Staff was scheduled to meet with contractors later in the week to determine the final path
forward on the project, which was currently stalled. Mr. Koenig stated that the station was currently
on bypass with temporary pumps in place. He indicated that the Westover Pump Station was now
estimated at approximately $1.3M and the contractor had mobilized and begun laying out the
anticipated work schedule and improvements associated with that project.
Referring to the FY15 Water/Wastewater Improvement and Extension Fund - Major CIP Projects,
Mr. Koenig explained that several projects related to the West Dover Connector were nearing
completion. The Retreat Pump Station Replacement project came in over budget and staff was
refining the bid documents and would rebid that project since only one (1) bid was received and it
was higher than anticipated.
Mr. Koenig reviewed the FY16 Water/Wastewater Improvement and Extension Fund - Major CIP
Projects that were currently underway, noting that nearly 100% of the fence installation at the Bayard
Avenue water tower was complete and other projects were in various stages of development or
bidding and staff expected to move forward with all of the projects this fiscal year.
In regard to the Electric Improvement and Extension Fund - Major CIP Projects, Mr. Koenig
explained that the General Scott Switchgear project had been underway for some time. The
switchgear had been delivered approximately seven (7) to 10 days ago, staff was working on getting
it connected, and it was hoped that the project would be closed out by the end of the calendar year.
The 69 KV relocation at the Garrison Farm was complete, as was the VanSant capacity increase.
Mr. Koenig stated that staff was now working on plenum improvements that must be in place prior
to late Spring 2016. He indicated that most of the FY 15 projects were moving forward toward
completion and Mr. Harry Maloney, Electric Director, had begun the leg work associated with a
majority of the electric projects outlined in the capital plan.
Mr. Anderson questioned if there were any budgetary items regarding the emergency breakages or
cost overruns that should be on the radar. Responding, Mr. Koenig stated that some Public Works
projects had created budget difficulties. He advised members that bids for the Hazlettville Road
Interceptor project came in quite high and the project would be rebid this year in hopes that better
timing would result in lower bids. Mr. Koenig stated that the City typically receives three (3) to
four (4) bids for each pump station upgrade or replacement; however, only one (1) bid was received
for the Retreat Pump Station Replacement and it was approximately$90,000 higher than anticipated.
He noted that a number of other pump station bids had been close to the budget, perhaps plus or
minus $20,000 or $30,000, but not $90,000 on a $400,000 project.
Page 89
UTILITY COMMITTEE MEETING OF NOVEMBER 9, 2015 PAGE 5
Mr. Koenig informed members that staff was hopeful that bids for water projects would come in
right at budget. He explained that if a project comes in over budget and it is within the
City Manager’s authority, staff moves money within the capital plan to move forward those projects
that are ready for construction, noting that some changes require Council approval. Mr. Koenig
indicated that staff had been diligent about trying to get the capital plan caught up and, outside of
a handful of projects, staff was addressing current year projects.
Mr. Koenig explained that a number of projects at the power plant would be looked at with the new
power plant manager and information from the Integrated Resources Plan (IRP) would be used. He
reminded members that earlier in the year, the Assistant Generation Manager position was identified
as a position to be filled. Staff was getting ready to advertise the position and would be back before
Council to confirm the desire to move forward. Mr. Koenig indicated that this was an important
position in planning the future of the utility since the utility must have manpower and intellectual
power in place so that gaps do not develop as people retire. He noted that it is more important than
ever to have people who understand the electric market, which is changing more rapidly than
anticipated. Mr. Koenig stated that the system was now very interactive and technical and included
solar, wind, and other types of generation, as well as battery storage issues and additional suppliers
who are trying to take advantage of the market. On the distribution side, Mr. Koenig expressed
staff’s belief that there would be land purchases for future substations and necessary improvements
to the system. Mr. Koenig advised members that modeling was showing that baseline costs were
going up, but the load was flat or in some cases negative. He stated the need to figure out how to
manage those issues going forward because capital improvements may need to occur.
Mr. Koenig stated that an evaluation of the electric system was done several years ago, and the City
has a very good electric system with high reliability. This was being promoted as an economic or
competitive advantage over other areas, since the City has a very consistent flow of energy for
business and few substantial outages, which is an advantage to those trying to locate facilities. He
noted that staff was still working on issues related to commercial rates and would be making related
recommendations in the future.
Mr. Koenig informed members that the capital plan is very dynamic and there is a need to make sure
that facilities are in place on the General Fund, Water and Wastewater Fund, and Electric Fund sides
to set the City up for the ability to grow economically. He indicated that it would not be desired to
have to scramble to develop infrastructure if there were an advantageous economic development
opportunity. Mr. Koenig felt that the GOTP is probably the premiere piece of land in the State for
economic development opportunities, and the City needed to get partners to the area and interested
in the facility.
Mr. Hosfelt questioned if there were residents with concerns related to the water tower in the
northwest part of the City. Responding, Mr. Koenig stated that a potential location was sited
adjacent to Maple Glen behind a church that was willing to sell or lease a piece of property for the
tower. The site was in very close proximity to the Maple Glen subdivision and the residents
objected. The placement of the tower at that location would have required several variances or
waivers by City Council in accordance with the code, since there was no road at the location. Staff
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UTILITY COMMITTEE MEETING OF NOVEMBER 9, 2015 PAGE 6
had been working for more than a year to secure a secondary location and were currently working
with a developer. Mr. Koenig felt that a MOU would be signed shortly so that the tower could be
sited on the northern boundary of the City, and it would not be located immediately next to existing
houses.
Mr. Neil questioned if the City’s load would increase as companies and businesses move in to the
GOTP. Responding, Mr. Koenig stated that it would depend upon what happens between now and
when these operations begin. He indicated that people were using more efficient air-conditioning
systems, lighting, and appliances; therefore, the residential load was altering. Mr. Koenig advised
that some newer houses have smaller loads; however, much larger houses were also being built in
some areas in the City. He informed members that businesses and manufacturers are actively
looking for ways to increase energy efficiency and reduce their costs. Mr. Koenig noted that smaller
commercial properties may have enough private improvements in their systems to make their load
appear flat when they come online. He advised members that Energizer was bringing on a maximum
of 12 MW, which would increase the load at their plant by one-third and would cause a true increase
in the City’s load. Mr. Koenig stated that without more increases of this nature, as the years
progress, the City’s load will start to drop slightly.
Mr. Hutchison asked if the City’s efforts to reach out to larger users and educate them on how to be
more efficient and effective in running their operations would continue. In response, Mr. Koenig
stated that staff had met with some larger customers and learned that these customers do not all have
the same issues associated with power supply but have individual goals and objectives. For some,
climate control in their facility is the premium issue for them and they cannot shed or alter the load.
Others can alter load and are willing to try to work on load management. Mr. Koenig felt that
one (1) way for the City to save money in the long run would be to look at load management and try
to shave off some of the peaks so that the City does not have to purchase that amount of capacity in
the market forever. He noted that managing load is a very dynamic two-way street.
Mr. Koenig advised members of the need to change how the utility functions by getting the word out
to customers to try to drop off or shed load, or use load in the off hours. He thought that Delaware
Electric Cooperative (DEC) did a very good job of beating the peak and felt that the City should
improve in that area. Mr. Koenig stated the need to actively manage demand to get the lowest
reasonable cost for its customers; however, this is time consuming, manpower intensive in some
cases, and a real change from past procedures. He reiterated that the City’s electric utility is a big
plus in the economic development realm, because the City has the ability to set rates and make
decisions as to where its return should be and to attract residential or commercial development or
re-development to the area. Mr. Koenig felt that a lot of things were needed to become a more
nimble utility that is more reactive to customers. He stated that customers favored the City’s reliable
power stream and, although they sometimes complain about the costs, they were willing to consider
their consumer behavior as a way to help manage costs. Mr. Koenig explained that, in order to
manage the load going forward, the City needed to continue to foster this two-way communication
with the larger customers and reach out to all other customers as well. He advised members that the
potential negative load curve could be a plus if managed for the economic good of the utility.
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TEA/NAES Reports (August and September)
The TEA/NAES Monthly Reports for August and September 2015 were provided to members to
enable them to monitor electric sales and revenues received, which will provide a better
understanding of any fluctuations that occur and allow the opportunity to make improvements if
deemed necessary.
Mr. Koenig reviewed the Executive Summary on Page 1 of the TEA Report for September 2015,
noting that the cost of power supply in July, August, and September was under budget, and in some
cases substantially under budget. The general trend was that the actual load had been slightly higher
than expected. Mr. Koenig stated that, for September, the forecasted load was 62,200 MWh and the
actual total load was 66,689 MWh.
Referring to the Budget Report on Page 10 of the TEA Report for September 2015, Mr. Koenig
stated that the final cost of service to rate payers was budgeted at $70.92 and delivered at $60.50;
therefore, there was a savings of $10.42. He noted that year-to-date for the current fiscal year, the
City was under budget in power supply and staff was looking for ways to continue that through the
12-month planning horizon to keep those costs under the anticipated budget.
Mr. Koenig advised members that staff was working with the new plant manager to get accustomed
to how he manages the plant. Mr. Harry Maloney, Electric Director, had been discussing how to
avoid problems related to cold weather and there had been preparations including additional fuel oil,
stock piles, etc., so that power could be delivered if there is a very cold event.
Mr. Blakeman, referring to the Generation Summary on Page 4 of the TEA Report for August 2015,
requested clarification regarding why in August 2015 revenue was budgeted at approximately $0.5M
but negative revenue was reflected. Responding, Mr. Maloney explained that generation failed to
perform its capacity obligations and this was a generation fee.
Updates
Mr. Scott Koenig, City Manager, provided the following updates:
Green Energy Funding and Programming
Members reviewed details regarding Green Energy Funding and Programming as of
November 3, 2015.
National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer
Systems (MS4) Permit
Mr. Koenig stated that National Pollution Discharge Elimination System (NPDES) Municipal
Separate Storm Sewer Systems (MS4) Permits would be reissued as a comprehensive umbrella
permit in the Spring. The City’s environmental scientist and permit manager had been working
diligently to try to bring the City into compliance with the parameters of this permit. Staff had also
been working on a potential stormwater utility, which would be brought before Council for
consideration in the future and would relate to capital project planning, fees, and managing MS4
permit obligations for the City. Mr. Koenig indicated that the City was actively working on MS4
permit obligations and, now that personnel were in place for this, staff felt much more comfortable
moving forward with the permit, authorization, and annual reporting associated with it.
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Garrison Oak Technical Park Project Updates
Mr. Scott Koenig, City Manager, provided the following updates:
City Infrastructure
Mr. Koenig stated that staff anticipated wrapping up all contracts related to the Garrison Oak
Technical Park (GOTP) by the end of the year or January 2016 and releasing all final payments.
Minor close-out items were being completed for each of the contracts, so there was still construction
activity, but the project was more than 90% complete.
Calpine Energy Center
Mr. Koenig reminded members that the Garrison Energy Center had been in full operation since
June 1, 2015. He advised that a fuel tank had recently been installed and was working its way
through the permitting process. Mr. Koenig stated that there were initial complaints related to noise
associated with a valve failure; however, the plant had been relatively quiet after the first six (6) to
eight (8) weeks of operation. He noted that the City recently completed a water system flushing
across the City and there were very few complaints. Mr. Koenig advised members that water was
moving very quickly through the system on the east side, especially when the plant is up and running,
and this had been good for the quality of the water inside the system.
Mr. Koenig indicated that there had been additional benefits since Calpine came online. He noted
that summertime revenues appeared to be meeting the outlined goals and he was looking forward
to seeing what they would be over the entire year.
Dover Sun Park
Mr. Koenig reviewed a spreadsheet entitled “City of Dover Electric Revenue Fund - FY 15 - White
Oak Solar Park Incremental Cost.” He stated that the year-to-date incremental costs reflected that
the City was paying approximately $467,000 more for this power than would have been paid in the
market. He advised members that this was a necessary component of the utility and the City must
look at how to manage these costs and how solar energy will play into the City’s portfolio in the
future.
In response to Mr. Blakeman, Mr. Koenig stated that the increased cost was spread across all
kilowatt hours sold.
Mr. Neil moved for adjournment, seconded by Mr. Blakeman and unanimously carried.
Meeting adjourned at 5:45 p.m.
James L. Hutchison, Sr.
Chairman
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Page 93
LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held on November 9, 2015,
at 6:00 p.m. with Chairman Hare presiding. Members present were Mr. Cole, Mr. Sudler (arrived at
6:05 p.m.), Ms. Maucher, and Mr. Shevock. Members of Council present were Mr. Anderson,
Mr. Hosfelt (arrived at 6:01 p.m.), Mr. Hutchison, and Mr. Slavin. Mayor Christiansen was also present.
AGENDA ADDITIONS/DELETIONS
Mr. Hare moved for approval of the agenda, seconded by Mr. Cole and unanimously carried.
City of Dover E-Mail Addresses for Council Members
Mr. Anderson stated that Council members had received various requests under the Freedom of
Information Act (FOIA) for emails over the past couple of years. He indicated that these emails were
not necessarily being archived with the City Clerk’s Office or the City government and that this was
becoming more of an issue across the country. Mr. Anderson asked if it would be an advantage for
members of City Council to have official email accounts on the City’s email server for the sake of
simplicity and legal protection.
Mayor Christiansen asked if a case had been proved that a City email account was needed, noting
that it might be redundant to have two (2) email accounts. Responding, Mr. Anderson stated that
the reason for his inquiry was for easier compliance with FOIA requirements.
Responding to Mayor Christiansen as to whether this would also apply to Facebook accounts,
Mr. Anderson indicated that it would not. Mr. Anderson stated that official email accounts would
be listed on the City’s website, which would be the first and most likely place for people to look for
contact information for their representatives. He also noted that emails could be archived
automatically, as opposed to having to do it manually.
Mr. Hare asked if Mr. Anderson was saying that if a constituent sent an email to his personal
account, he would send it to his City account. Responding, Mr. Anderson stated that, currently, if
someone sends him an email regarding official City business, he sends a copy of the original email
and the response to the City Clerk’s Office. In this way, if there is a FOIA request there is no issue
because the Clerk’s Office has been copied. Mr. Anderson felt that he might inadvertently fail to
copy a particular response and that using an official account could lower legal exposure to liability
on his part and on the part of the City. He indicated that this was recommended by the National
League of Cities and others and wanted to find out from the City Solicitor if this was the best way
to go with regard to Delaware law.
In response to Mr. Hare, Mr. Anderson indicated that he had not discussed this with the City
Solicitor prior to the meeting.
Mr. Slavin stated that there is a records retention policy that applies to email, noting that the content
of a record determines its value and retention. Some emails are transitory in nature and can be
deleted after they are read, some are administrative and have a longer specified retention period, and
some are policy-based records that have a permanent retention. Mr. Slavin requested that the City
Clerk brush up Council’s training by pulling retention information from the Delaware Public
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Archives website so that members are aware of their responsibilities. He indicated that, with a FOIA
request, if records have been destroyed as a matter of the normal course of business they typically
do not have to be presented.
Mr. Slavin stated his belief that Mr. Andy Siegel, IT Director, could provide the relevant cost
estimates.
Members were informed that prices were obtained for nine (9) Microsoft Office 365 licenses in order
to provide members of Council with City e-mail addresses. The quote for Microsoft Core CAL
Bridge for Office 365 was $574.38; however, this version had limitations, including the inability to
access e-mail from a mobile device. The quote for the full version of Microsoft Office 365 was
$4,194.90. Mr. Andy Siegel, IT Director, advised members that he had a few spare licenses, but not
enough to add the nine (9) members of Council. He stated that he could see advantages to the
suggestion but also financial disadvantages, noting that this item was not included in the budget.
Mr. Anderson noted that this would not have to happen right away.
Mr. Hare questioned if a Council member could pay the $529 fee to have an individual account.
Responding, Mr. Siegel stated that he could not speak to how this would work from a financial
standpoint, noting that the license would belong to the City and would become part of the City’s
renewal when the Microsoft Enterprise license is renewed every three (3) years.
Mr. Hare stated that Mr. Rodriguez could be asked to provide information and the City Clerk could
research this also.
Mr. Slavin cautioned members that requesting a legal opinion costs the City money and suggested
that research not be conducted at a higher hourly rate than could be accomplished by other means.
Mr. Hare questioned the reason for the proposed change, noting that he does not care if anyone reads
the emails that he sends.
Ms. Maucher asked if the concern was related to exposure of personal emails that are not City related
and whether personal emails could be searched if a FOIA requestor felt that members had not been
forthcoming. Responding, Mr. Anderson stated that personal emails that relate to a FOIA request
were currently being handled through an honor code and members search and turn over the emails
requested. He indicated that if the matter became the subject of legal action, the emails could be
compelled through subpoena and someone else would search them; however, to his knowledge, this
had not occurred during his tenure on Council.
In response to Mr. Hare as to whether telling the truth had been a problem, Mr. Anderson indicated
that it had not; however, something may be overlooked since no system is perfect, and one (1)
mistake could cause fines for the City.
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Mr. Shevock noted that emails could be subpoenaed wherever they were located, whether from a
personal or City account, and questioned why they would not all be in one (1) place that is backed
up and maintained by the City.
Mr. Siegel stated that with the Microsoft Enterprise license, all City email is in the Cloud; however,
if something happened to a councilman’s personal email account, the City would have no recourse
in getting it back.
Mr. Shevock questioned why the City would put itself in a position of having a legal problem or
lawsuit and causing the appearance of trying to hide something.
Mr. Hare reiterated that if something serious happened with regard to emails, all accounts, including
personal accounts would be subpoenaed. He was not sure that it would be desired to spend money
on this proposal, noting that hours would also have to be spent to maintain it.
Mr. Shevock moved to recommend staying with the City of Dover email system as it stands now,
seconded by Mr. Cole.
Mr. Cole moved to amend the motion to state that Mrs. McDowell would provide information on
records retention, and Mr. Shevock concurred.
Responding to Mrs. McDowell, Mr. Hare indicated that a legal opinion should not be sought on this
matter.
The motion to recommend staying with the City of Dover email system as it stands now and
for Mrs. McDowell to provide information to members regarding records retention was
unanimously carried.
Status of Performance Audit of Civilian Side of City Government (Deferred During the Meeting
of October 26, 2015 Due to Time Constraints)
During their meeting of July 13, 2015, Council approved the Committee’s recommendation that the
Staff Strategic Planning Team and members of Council develop ideas by August 1, 2015 and that
a workshop be scheduled after August 1, 2015.
During the Legislative, Finance, and Administration meeting of November 9, 2015,
Mr. Scott Koenig, City Manager, advised members that a management meeting was held on
August 4, 2015 to develop ideas to improve City government and service delivery, and a list of
potential new revenue sources, cost saving measures, and other ideas was developed. The City
Manager, Controller/Treasurer, and City Clerk then met with the Council President and
the Chairmen of the Utility and Legislative, Finance, and Administration Committees on
August 21, 2015 to review these ideas. Mr. Koenig reminded members that several of the new
revenue sources were currently being proposed for consideration by City Council, while some of the
ideas, such as an accommodations tax related to hotel rooms, would require authorizing legislation
and could not move forward without help from State legislators. Mr. Koenig advised members that
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different discussions had also been ongoing with various State legislators about reviewing revenue
streams coming to the City of Dover and potentially backfilling those revenue streams should State
revenues decline. He stated that other ideas would relate to FY 2017 budget development, such as
utility rate structures, recovery of public safety costs, and potential public safety surcharges, etc.
Mr. Koenig explained that these items would be brought forward throughout the year for Council’s
consideration, noting that new fees and fee adjustments had been considered at the committee level
and would be considered by Council later in the evening.
In addition, Mr. Koenig noted that the City conducted a Lean Boot Camp on October 28-29, 2015,
and thirty (30) members of staff attended. He stated that updates on this program would be provided
as additional ideas and projects are developed. Mr. Koenig informed members that the Lean process
was about driving efficiency in the organization, making sure there is value in the processes being
used, and removing non-value-added steps, rather than reducing staff. Mr. Koenig stated that he
found the 16 hours spent with the Lean consultant to be very enlightening. He stated that he intended
to budget additional funds to continue the training to more efficiently apply resources, and this would
also be part of the FY 17 budget development. He reminded members that, in the FY 16 budget,
Council had authorized a public safety study to be conducted by an outside third party to determine
whether current techniques and technology related to emergency and police services were being used
efficiently, and this study was currently underway through onsite interviews and review of
documents and facilities. Mr. Koenig stated that related written recommendations would be made
in the coming months.
Mr. Koenig advised members that the above items were underway at the staff level and would
continue to move forward to Council over the next few months.
Mr. Anderson asked if Mr. Koenig foresaw these efforts as providing information regarding the
possible restructuring of City government that had been discussed for many years and if there would
also be short-term benefits. Responding, Mr. Koenig stated that the Lean process was to reaffirm
that Dover is one (1) city that is working toward a common goal and to determine how to share
information so that roadblocks are not created between departments. He noted that staff from one (1)
department may sometimes not be aware how their decisions may create an additional workload and
burdens for other departments. For example, downsizing the number of meter readers several years
ago created problems in having to backfill positions from elsewhere and resulted in work that was
incomplete, which caused unintended consequences in the organization. Mr. Koenig expressed the
need to know how decisions are impacting the overall organization and whether those decisions are
maintaining the overall goals.
In response to Mayor Christiansen regarding the cost of the Lean Boot Camp training, Mr. Koenig
estimated the cost at $6,000 to $8,000 for 30 people.
Mayor Christiansen asked whether the training addressed the issues of individual departments’
missions, structure, current budget, and staffing. Responding, Mr. Koenig stated that it did not
address those items, but considered how Lean concepts are applied, the basic principles, and how
to get people hooked on the idea of continuous improvement. It also showed the things that can be
done initially to start thinking about how to make improvements while other operations are going
on.
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Mayor Christiansen noted that approximately $100,000 had been spent for the public safety study
to review police, fire, and EMS services to check mission, structure, budget, and staffing, and to
provide eventual recommendations, and he had thought it might be good if the City had people in
the community do this for all City departments. He did not feel that the Lean initiative was in the
same vein as the study that the City paid $100,000 for.
Mayor Christiansen expressed his feeling that the Ad Hoc Financial and Operational Advisory
Committee came off as an adverse group to the City, whose initial intention seemed to be bringing
out a giant ax and cutting everything in sight. Mayor Christiansen felt there was a possibility for
some people, possibly former Council members, business people, and general citizens, to review the
mission of each City department, including the structure, budget, and staffing from an outside view.
While he felt that the Lean initiative would provide internal insight, he expressed a desire to have
a look from the outside, noting that there could never be too many answers.
Mr. Koenig felt that the type of the review suggested by Mayor Christiansen would be viewed as
hostile by the organization. He noted that the Ad Hoc Financial and Operational Advisory
Committee, while it had good intentions, ruffled a lot of feathers in the organization and statements
were made at the committee level that could not be influenced or controlled. Mr. Koenig advised
members that any such committee would be public, subject to the Freedom of Information Act
(FOIA), and would have to post meetings. He stated that the members of those types of committees
must be very careful when they start talking about the names, qualifications, and actions of City
employees.
Mayor Christiansen expressed his opinion that this committee would not be conducted on a hostile
basis but would have the ultimate goal of improving the organization. He noted that some
departments were understaffed and the goal would not be to cut but to help the City.
Mr. Koenig stated that there may be people that would argue for additional or expansion of services
or activities; however, there were budget constraints. He felt that marrying up those two (2)
initiatives would be a challenge.
Mayor Christiansen questioned if a committee of well-intended, non-hostile citizens would be as
effective as a committee of people from outside Dover coming to review the Dover’s police, fire and
EMS services. He reiterated that his intent was not to ruffle feathers but to make sure that all
departments have the proper structure, guidance and staffing to do the job, and he believed that a
committee of well-intended citizens with no ax to grind could perform this mission.
Responding to Mayor Christiansen, Mr. Koenig stated that Council could select a committee if they
would like to. He explained that the hiring of a professional, third party to conduct the public safety
study was to benchmark against national standards and hopefully get ideas from other communities
under the same pressures that Dover has. He felt that local talent did not have the same breadth of
experience as a consulting firm that is dedicated to public safety management across the nation.
Mr. Koenig stated that there are local experts at certain things; however, the question was how to
manage those experts and their personalities, opinions, and statements, noting that the dialogue and
dynamics of such committee meetings are not easy to control, and ad hoc committees had
experienced difficulty keeping the objectives clear in the past.
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In response to Mr. Hare regarding the frequency of employee evaluations, Mr. Koenig stated that
evaluations are supposed to be completed annually and it was his belief that most evaluations were
done annually.
Responding to Mr. Hare, Mr. Koenig stated that he was unsure which employees were not being
evaluated and would have to get a list. Mr. Hare stated that he would like to see who was not being
evaluated. Mr. Koenig stated that he had not given his department heads written evaluations in the
last year. Mr. Hare asked if Mr. Koenig felt that this was something that should be done so that
Mr. Koenig and Council could get an idea of how the employees were performing. Responding,
Mr. Koenig stated he felt it fair that there should be something in writing; however, he indicated that
employees are evaluated every day. He noted that Council had not always stuck to annual
evaluations. Mr. Koenig indicated that he understood the value of evaluations as an assessment tool,
but he stated that evaluation of performance is a daily occurrence and not once per year.
Mayor Christiansen questioned if it would be abrasive to anyone if a disinterested third party, not
affiliated with the City, performed a review based on mission, structure, budgeting, and staffing, and
made a recommendation, not as an official committee of the Mayor or the Council, but as interested
citizens. He noted that people from the Chamber of Commerce had worked on and reviewed the
City’s budget. Mayor Christiansen did not feel that such a group would be subject to FOIA if they
did not meet on City property, and he stated that it would be ensured that these were people who
were looking at the operation of the City with good intent.
Mr. Hosfelt questioned if this would be similar to the Ad Hoc Financial and Operational Advisory
Committee. Responding, Mayor Christiansen stated that the Ad Hoc Financial and Operational
Advisory Committee was an official committee of City Council, and the alternative he suggested
would not be connected with City and the review would be done for the love of the City. He
indicated that he would insist that the first department to be reviewed would be the Economic
Development Office, which he is in charge of.
Mr. Slavin expressed his appreciation for the efforts related to the ongoing process of continuous
improvement. He stated his impression that there was a heavy load coming up in the six (6) weeks
after the holidays, with the preparation for a much earlier budget cycle. Mr. Slavin explained that
key decisions would come much earlier in the budget process, and there were potential cuts from the
State to be dealt with. He stated the need to be careful in balancing workload and felt that there was
a bit of fatigue related to the conversation regarding structuring and restructuring City government.
Mr. Slavin stated that if a group, such as the Chamber of Commerce, wanted to put an independent
study group together, there was nothing pro or con that the City could do. However, he wanted to
be sure that this was not the result of a suggestion coming from the City to circumvent FOIA.
Mr. Slavin cautioned that once a committee is created, that committee has to play by rules that make
it very difficult to have candid conversations, and he did not want employees to feel threatened. He
felt that the Ad Hoc Financial and Operational Advisory Committee had good intentions, but it
became very much a threat to employees, who felt the Committee was meeting to slash jobs and go
after certain positions, and he indicated that he would not want to see something like that.
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Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that she had
managed the Planning Department for approximately 10 years and they had struggled over the course
of many years with employee morale based on comments made in Council Chambers or by
committees set up by Council. She expressed serious concerns, as a manager who constantly works
to build up staff but also hold them accountable, about an outside group coming in and telling staff
how to do their jobs better. Mrs. Townshend advised members that municipal government is very
complex and is not a business, noting that most businesses do not deal with four (4) bargaining units
or have to make decisions in a very open environment where closed door discussions cannot be held.
She noted that many people question why things cannot be done in a way that would seem to make
more sense, noting that department managers ask the same things about other departments until they
spend a day in those departments and see how those processes work. Mrs. Townshend expressed
concern about bringing in people who may have little or no experience in municipal management,
and who may have the best of intentions but do not understand the legal and other constraints of
government. She felt this would degrade morale and start infighting among departments, finger
pointing, and defensiveness. Mrs. Townshend felt that every time discussions like this come up, it
is like a kick in the stomach to the staff that come in and work hard every day, whether senior
management, mid-level management, or the employees out on the road doing the work.
In regard to the Lean Boot Camp training, Mrs. Townshend stated that during the session, staff
learned and had meaningful discussions about working together within the organization to evaluate
processes, take out steps that do not add value to the process or the customer, and come up with a
more efficient and customer-friendly organization. Attendees left each day excited to start working
together, across departments, to implement these concepts. Mrs. Townshend expressed concern
about starting more things rather than letting the Lean process, which staff was fully engaged in, run
its course. She felt that anything getting in the way of that process would be counterproductive.
Responding to Ms. Maucher, Mrs. Townshend stated that 30 of the approximately 360 members of
staff attended the training and all departments had representatives, with some departments having
up to four (4) staff members present. She noted that most of the attendees were from management,
but not all.
In response to Mr. Sudler, Mr. Koenig stated that a mixture of unionized and non-unionized
employees were present.
Mr. Hare stated that he did not disagree with Mrs. Townshend or Mr. Koenig. Having experience
in business and dealing with unions, and having done consulting, he did not see the need to bring
someone in to evaluate employees; however, he felt that Council should make sure managers were
accountable, were not overworked, and were not trying to do too much with too little. Mr. Hare
stated this could not be done until management was informing Council about the evaluation of their
own departments.
Mr. Sudler stated that evaluating employees may provide the City protection from future lawsuits.
He noted that without evaluations, employees who are terminated might say they were not given an
opportunity to improve or that they did not know they were having an issue in a certain area.
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Mr. Koenig stated that no departments had indicated to him that they had too many people and too
little to do in the last two (2) years; they all indicated that they were overworked and had more to do
than could be accomplished. He understood the context of wanting to get more out of things but
noted that the City was also faced with cutting budgets. Mr. Koenig felt that there was debate and
difficulty making decisions on things that appeared straightforward. He noted that an independent,
third-party review of public safety had been requested; however, 10 new police offices were then
hired due to the submission of a page-and-a-half memo without any data to back up the request.
Mr. Koenig felt that data probably could have backed up the request; however, it was not analyzed
and a decision was made to move forward since members were backed up against the wall publicly
because of a major issue going on in the City. Mr. Koenig advised members that the public safety
study would tell whether or not the hiring of those officers was a good decision.
Mr. Koenig stated that it was frustrating to hear that there were experts out there that could tell the
City how to save millions or hundreds of thousands of dollars, noting that the doors are open to those
who want to come and have those discussions or make observations; however, he cautioned that
there are real people involved. For example, he noted that the City had quietly gotten out of the
custodial business, but accomplished this through attrition. It was known through calculations that
the City would save money by outsourcing or privatizing those services, but the City waited because
of the human factor. Mr. Koenig advised members that all these decisions would involve employees,
and, traditionally, the public had not been very kind to local government services. He stated that
ideas cannot just be thrown into the public arena without debate and cannot be pulled back once out
there.
Mr. Cole concurred, stating that in his line of work, education, there can be fatigue and there is
always someone with a new plan or idea. He questioned why members could not let the new Lean
Boot Camp process play out and review it after implementation.
Mayor Christiansen stated that his proposal was not presented from an adversarial point of view;
rather, his intention was to make sure that there were enough people to do the work that is thrown
at staff on a day-to-day basis and is not getting done.
In regard to the police officers that were hired, Mayor Christiansen asked that members look around
at what had happened over the course of the year in the City and stated that related recommendations
that were made by one (1) of the City’s current councilmen, while formerly serving as Chief of
Police, were ignored by Council. He indicated that this became a crisis and was still a crisis today.
Proposed Change to Committee Meeting Format (Hutchison)
Councilman Hutchison proposed changing the format of the standing Council committee meetings
to a Committee of the Whole format, in an effort to be more efficient and effective, to allow greater
opportunity for interaction and networking among elected officials and the civilian committee
members, and to enhance the decision-making process by involving all members of City Council in
discussions at the committee level. Mr. Hutchison explained that the Committee of the Whole,
which would include all members of City Council and the civilian members of the Parks, Recreation,
and Community Enhancement; Safety Advisory and Transportation; Utility; and Legislative,
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF NOVEMBER 9, 2015 PAGE 9
Finance, and Administration committees, would be chaired by the Council President and the civilian
members would participate only in their committee’s discussions. The Committee of the Whole
format would enable members to give detailed consideration to agenda items in a committee setting.
The results of votes taken would not be final decisions but would have the status of
recommendations, which City Council would consider further and vote on at its regular meeting,
either as a discussion item or on Consent Agenda. Mr. Hutchison indicated that the Council
President would preside over the Committee of the Whole and each of the chairpersons of the four
(4) standing committees would chair those committees.
Mr. Hutchison recommended that Staff be directed to prepare the necessary ordinance, that the
Committee of the Whole begin meeting on Tuesday, January 12, 2016, and that the Committee of the
Whole meet on Tuesday evenings following the Regular Council meetings, beginning at 6:00 p.m.
Mr. Hare noted that, under this format, there would be no opportunity to bring an item from
committee to Council quickly and questioned if there could be an exception if something had to be
fast tracked by having a special meeting. Responding, Ms. Traci McDowell, City Clerk, stated that
special meetings could be scheduled with seven (7) days advance notice.
Mr. Hutchison stated that having Committee of the Whole meetings on Tuesday evenings at
6:00 p.m. or 6:30 p.m. would allow Council and civilian members who have jobs to attend and open
the door for better lines for communication.
Mr. Slavin noted that this would effectively double the number of nights that Council would be
committed to. In addition, he questioned how a Committee of the Whole would be organized with
citizen members, stating that the committee would then become nine (9) members of Council plus
two (2) citizen members and a quorum would become six (6). Mr. Slavin inquired if the citizen
members would be expected to be present through all of the meetings, noting that the length of each
meeting was unknown and these members would not know when their respective items would be
considered and may have a long wait time.
Responding to Mr. Slavin, Mr. Hutchison stated that committee members are paid, and he felt that
they should be there at the start of the meeting with Council members. It was his opinion that
everyone must be able to work together if City of Dover business was to be done.
Mr. Slavin questioned what problem was trying to be solved, noting his awareness that the solution
was modeled after Kent County Levy Court, which was a different organization that does not have
citizen members and meets as a Committee of the Whole because only commissioners serve on
committees.
Mr. Hutchison felt it important to have all nine (9) members of Council address and work on issues.
He stated that most of the items that go from committee to Council are on Consent Agenda. He
noted that matters involving millions of dollars are discussed at committee meetings and felt it
important to get the interaction of all members so that everyone has a good working knowledge.
Page 102
LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF NOVEMBER 9, 2015 PAGE 10
Mr. Slavin did not disagree with the idea of having as many people discussing matters as possible;
however, he noted that Council members can attend committee meetings, pull items off the Consent
Agenda, and read the minutes and backup material. He was not convinced that the issue was that
members were not participating.
Mr. Hare noted that sometimes members pull items off the Consent Agenda at a Council meeting
and ask questions that committee members had already spent time discussing.
Mr. Slavin stated that he was unsure what the effect would be on public participation if all meetings
were moved to a specific evening time versus earlier in the afternoon, noting that many people work
shifts. He was unsure if the net effect would be to alienate those who work evenings.
Mr. Cole felt that the proposal was well intended but that the whole picture should be looked at
before moving forward. He concurred with Mr. Slavin regarding the need to ensure that a solution
to a problem was being looked for.
Mr. Hare indicated that he did not think it was a bad idea but was not prepared to say that it should
be done. He stated that this could be tried for two (2) or three (3) meetings and then discussed again.
Mr. Hare moved to recommend commencing the Committee of the Whole meeting format
during the first meetings in January and try it for a few months, and if members decide to
adopt the format as one (1) of the protocols for the next Council year, that this be done during
the annual meeting, seconded by Mr. Sudler and unanimously carried.
By unanimous consent, the meeting adjourned at 7:07 p.m.
William F. Hare
Chairman
WFH/TM/js/dd
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2015\11-09-2015 LF&A.wpd
Page 103
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2015-20
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Appendix B - Zoning, Article 12 - Definitions of the Dover Code be amended by inserting the
4 text indicated in bold, blue, as follows:
5 Dwelling, one-family: A permanent dwelling unit placed on a permanent foundation and
6 designed and intended for use by only one family. One-family dwellings shall not include
7 manufactured homes or mobile homes but shall include modular homes constructed to the
8 standards of the Dover Code of Ordinances, Chapter 22 - Buildings and Building Regulations.
9 Manufactured Home: A factory-built housing unit designed and constructed to meet the
10 Manufactured Home Construction and Safety Standards of the U.S. Department of Housing
11 and Urban Development (HUD) Code. A manufactured home is built on a chassis that
12 supports the structural integrity of the home and to allow transport to the site. Factory-built
13 units built to meet the HUD Code and constructed after the code took effect on June 15, 1976
14 are classified as "manufactured homes."
15 ADOPTED: *
16 SYNOPSIS
17 The proposed amendment revises and adds definitions
18 (SPONSORS: )
19 Actions History
20 11/09-2015 - Introduce at City Council meeting
21 S:\ORDINANCES\2015\DRAFT\ORDINANCE #2015-20 APPENDIX B - ZONING, ART 12 - DEFINITIONS\ORDINANCE #2015-20 APPENDIX B - ZONING, ART 12 - DEFINITIONS-FIRST
22 READING.wpd
Page 104
ACTION FORM
PROCEEDING: City Council AGENDA ITEM:
DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 11/13/2015
PREPARED BY: Sharon J. Duca, P.E., Public Works Director / City Engineer
SUBJECT: Evaluation of Bids – FY 2016 Fall Street & Alley Program
REFERENCE: CIP – Street, Concrete and Alley Program
RELATED PROJECT:
APPROVALS: City Manager, Controller
EXHIBITS: Aerial Maps
EXPENDITURE REQUIRED: $740,735.00 Est. AMOUNT BUDGETED: $890,000 (REMAINING)
FUNDING SOURCE (Dept./Page in CIP & Budget): Multiple Funding Sources: $568,735 General Fund;
$172,000 Community Transportation Funds; Account No.: 147-1800-554.40-31 and 318-990-582.40-31
TIME TIMETABLE: Notice to Proceed to be issued within 60 days of Council approval. Project anticipated to be
completed in 90 calendar days from Notice to Proceed issuance, weather permitting.
RECOMMENDED ACTIONS: Award a unit price contract, based upon Bid #16-0015PW for the FY 2016 Fall
Street & Alley Program to Sam’s Construction based on the Prevailing Wage unit prices for each work item
submitted. The estimated value of the contract is $740,735.00. Work will be performed in strict accordance
to the Bid Specifications.
BACKGROUND AND ANALYSIS
In concurrence with the City of Dover’s Capital Investments Plan, it is proposed to rehabilitate various
pavement and concrete sections throughout the City of Dover during Fiscal Year 2016. The total length of
scheduled street repaving is approximately 6,500 linear feet or 1.23 miles. Along with repaving, this project
includes replacing approximately 2,200 linear feet of curb, 20 linear feet of valley gutter, 2,800 square feet of
driveway apron, 6,000 square feet of sidewalk, 6 catch basin heads, and 350 square yards of various patch
work. This project also includes installing inlet protections, 12,000 square feet of new sidewalk, and 150
square feet of detectable truncated domes. The following locations were included in the proposed scope of
work to be completed under the FY 2016 Fall Street & Alley Program:
STREET NAME / EXHIBIT TITLE
DAVIS CIRCLE EAST
DAVIS CIRCLE WEST
FAIRWAY CT
GREGORY CT
HEMSTED COURT
KENSINGTON CT
MAPLE PARKWAY
MARTIN STREET
MICHAEL CT
Page 105
ACTION FORM
Evaluation of Bids – FY 2016 Street & Alley Program
Page 2 of 2
STREET NAME / EXHIBIT TITLE
MILLER RD
NIBLICK CT
REED STREET
S. NEW STREET
TALLOWICK LN
Bids were opened on Friday, October 30, 2015. Two (2) contractors submitted unit price bids for the proposed
work to be performed. Based on the proposed quantities, the estimated contract values are as follows:
CONTRACTOR LOCATION AMOUNT OF BID (WITH AMOUNT OF BID (WITHOUT
PREVAILING WAGES) PREVAILING WAGES)
SAM’S CONSTRUCTION WILMINGTON, DE $740,735.00 $740,735.00
GEORGE & LYNCH DOVER, DE $908,957.14 $744,828.47
Since the anticipated Street Program includes locations intended to be funded with Community
Transportation Funds (Davis Circle East, Davis Circle West, Fairway Court, and Tallowick Lane), the City of
Dover will be required to use bids with prevailing wages. Therefore, Sam’s Construction has been determined
to be the low bidder. In addition, their previous work with the City was found to be satisfactory. It is staff’s
opinion that the bid represents fair market value and their qualifications are in accordance with the
requirements of this project.
Page 106
LINCOLN ST
E EAST
CHERRY ST
DAVIS CIRCL
PAUL ST VINE ST
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
DAVIS CIRCLE EAST CONCRETE REPAIR
N
0 100 FEET
Page 107
BERTRAND D
REESE ST
PAUL ST
JAWD DR
RIVE
WEST
DAVIS CIRCLE
HAYES CIRCLE
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
DAVIS CIRCLE WEST CONCRETE REPAIR
N
0 100 FEET
Page 108
HEMST
E D CT
BR
AN
DY
T WI
C DR
AY NE
IR W DR W
FA DO
ME
A
CT
R Y
E GO
GR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
FAIRWAY CT CONCRETE REPAIR
N
0 100 FEET
Page 109
BR
D DR
AN
AD
INE OW
YW
T ME
AY
C DR
IRW
FA
CT
GORY
G R E
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
GREGORY CT CONCRETE REPAIR
N
0 100 FEET
Page 110
HEMST
ED CT
BR
AN
DY
N
CT WI DR
W AY E
DR
FA
IR AD
OW
ME
CT
R Y
G O
R E
G
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
HEMSTED COURT CONCRETE REPAIR
N
0 100 FEET
Page 111
MI
CH
AE
L
CT
KE
NS
ING
TO
NC
BRANDYW
T
DR
INE DR
HEMST OW
ED CT
ME
AD
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
KENSINGTON CT CONCRETE REPAIR
N
0 100 FEET
Page 112
US 13
Y
KING
K W
E P
PL
MA
S HW
Y
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
MAPLE PARKWAY CONCRETE REPAIR
N
0 100 FEET
Page 113
MLK JR BLVD
Y
BA
S.
RD
R
MA
TIN
ST
CO
W
GI
S RD
LL ER
T LL
MI
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
MARTIN STREET CONCRETE REPAIR
N
0 100 FEET
Page 114
DR
E
IN
YW
MI D
CH A N
AE BR
L
CT
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
MICHAEL CT CONCRETE REPAIR
N
0 100 FEET
Page 115
S.
Y
BA
RD
MA
IN
RT
ST
W RD
ER
CO LL
MI
LL
GI
ST
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
MILLER RD CONCRETE REPAIR
N
0 100 FEET
Page 116
NI
BLI
CK
CT
E DR
W IN
NDY
A
BR
DR
OW
AD
ME
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
NIBLICK CT CONCRETE REPAIR
N
0 100 FEET
Page 117
ST
EW
S. N
VE
N O RS A
O VER
S. G
ST
D FORD
A
REED
R
S. B
ST
T
TATE S
S. S
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
REED STREET CONCRETE REPAIR
N 0 125 FEET
Page 118
SION ST
DIVI
R
OVE
S. G
NOR
S. NE S AV
W ST
E
S. K
IRKW
OOD D ST
REE
ST
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
S. NEW STREET CONCRETE REPAIR
N
0 100 FEET
Page 119
LN
I CK
OW
A LL
T
O
ST C T
NE O OD
Y W
IAR
DR BR
NOTE: THIS MAP IS FOR ILLUSTRATIVE PURPOSES
ONLY. ACTUAL LOCATIONS OF IMPROVEMENTS TO
BE FIELD VERIFIED.
LEGEND
FY-2016 FALL STREET & ALLEY PROGRAM ROAD REPAIR
TALLOWICK LANE CONCRETE REPAIR
N
0 100 FEET
Page 120
ACTION FORM
PROCEEDING: Legislative, Finance, & Administration
DEPARTMENT OF ORIGIN: Finance Department DATE: 11/23/15
PREPARED BY: Donna Mitchell, Controller/Treasurer
SUBJECT: Financial Advisor Services Contract
REFERENCE: RFP # 16-0006FN
RELATED PROJECT: N/A
APPROVALS: City Council
EXHIBITS: Evaluation Summary
EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: $0
FUNDING SOURCE (Dept./Page in CIP & Budget):
TIMETABLE: Five year contract effective upon approval.
RECOMMENDED ACTION: Staff recommends the approval of a five year service contract for
financial advisor services with Public Financial Management, Inc.
Excerpt from Debt Management Policy –
Financial Advisors shall be selected by means of an RFP from a selected pool of such
advisors to mitigate time constraints and reduce overhead costs of the City in procuring such
services. Once selected, the City shall require a new RFP for each new issue or refinancing
every five years. The City may replace a financial advisor with notice at any time.
In accordance with the City of Dover Debt Management Policy, the Finance Department has just
completed a solicitation for Financial Advisory Services. We received and reviewed three
proposals. Based upon our review the Department is recommending the selection of Public
Financial Management, Inc., a subsidiary of the PFM Group headquartered out of Philadelphia,
PA.
Our recommendation of Public Financial Management, Inc. (PFM) is based largely on the
network of professionals they employ and the scope of services provided. PFM’s response to the
request for proposal demonstrated their capability in providing assistance to the City of Dover in
many of the challenges we face today with budgetary and capital requirements. PFM has
provided assistance in the past for labor negotiations, Municipal Continuing Disclosure
Cooperation requirements, and provided training on financial management topics at no cost to
the City.
As in the past, all fees related to these services are paid out of the bond proceeds and not
budgeted as current expenses in the City budgets. Attached for additional information are the
Financial Advisor Scoring Sheet and List of Rates & Services.
Page 1 of 3
Page 121
CAF – Financial Advisor Services Contract
LF & A 11/23/15
City of Dover
Financial Advisor
Scoring Sheet
Point Public Advisory Public Financial Management,
Range NW Financial Group Consultants Inc.
2014 Ranked #1 in the Country
Reputation and experience of the Served the City of National Firm; Extensive State of
proposer in connection with financial One of the leading Dover from 2001 to Delaware experience
advisory services and scope of regional advisory 2008 as financial Serves as the City's advisor
A services the firm provides. organizations. advisor; since 2008
0 -30 30 30 30
B Organization and structure of firm. 0 - 15 12 10 15
Qualifications of staff to be assigned.
Education, position in firm, type and
years of experience will be
considered, as derived from the
C written proposal. 0 - 25 25 20 25
Responsiveness of the written
proposal in clearly stating an
understanding of the work to be
performed, as outlined in the scope of
services portion of this request for
D proposals. 0 - 20 16 12 20
E Location of office performing work. 0 - 10 10 10 10
MAXIMUM QUALITATIVE POINTS 100 93 82 100
2 of 3
Page 122
CAF – Financial Advisor Services Contract
LF & A 10/30/15
City of Dover
Financial Advisor - Proposal Reviews
Rates & Services
(Five Year Contract Term)
NW Financial Group LLC Public Advisory Consultants Public Financial Management, Inc.
NJ / PA Regional MD / DE Regional National Firm
Hourly Rates by Position
Sr VP/Director $180
Managing Director $185 $225 $300
Director $200 $275
Vice President $170
Principal $195
Senior Consultant $250
Consultant $175 $200
Associate $150 $125
Senior Analyst $225
Analyst $140 $100 $200
Administrative $55
Size of Firm 3 Offices (NJ/PA) 1 Office (MD) 39 Offices (Nationwide)
Employment Professionals & Support Staff = 27 Didn't provide (small firm) Professionals & Support Staff = 500
Out of pocket and travel 100% 100% 100%
Location providing svs Mount Laurel, NJ Owings Mills, MD Philadelphia, PA
87.8 110 miles 76.6
Hourly rates don't apply Hourly rates don't apply
Bonds & Notes
Notes: Up to $10M = Flat Fee $3,500 New Money Bonds $1.00 per bond; or Minimum
Over $10M = Flat Fee of $5,000 Fee of $15,000; Maximum Fee $25,000;
G.O. Bonds Up to $15M = $9,500 Refunding Bonds $1.00 per bond; or Minimum
G.O. Bonds Over $15M = $13,500 Fee of $20,000; Maximum Fee $30,000;
Other Services
Policy Review X X X
Strategic Planning X X
Arbitrage Rebate X
Forecasting X X X
Revenue Studies X X
Investment Advisory X X
Redevelopment Projects X X
P3's & Capital Project Planning X X
Pension & OPEB Advisory X
Management & Budget Consulting X
Cash-flow Forecasting X X X
Labor Negotiations X
Rating Agency Strategies X X X
Renewable Energy Projects X (SEU)
SEC Continuing Disclosure X X X
Client Base DE Sustainable Energy Utility DE Municipal Electric Corp State of Delaware
Kent County, DE City of Lewes City of Wilmington
DE State University Sussex Cty, DE DE Transp. Auth.
DE Econcomic Develop Authority DSWA DE Facilities Auth.
Smyrna City of Milford
City of Rehoboth Beach Wilmington Parking Authority
Maryland New Castle County
3 of 3
Page 123
R1 E l
DOVER'S VOL. FIRE DEPT.
Since 1882
November 16, 2015
NOV 1 7 2015
OFFICE OF THE CITY CLERK
To: Traci McDowell
From : Charles Boyer, President
Al Farling, Secretary
Reference: 2016 Fire Line Officer Election Results
Dear Ms. McDowell:
The following are the results of the November 16, 2015, Dover Fire Department Fire Line Officer Election
as certified by the election judges:
Chief: Carleton Carey, Jr. (uncontested)
Deputy Fire Chief: Ronald Rhodes (uncontested)
First Assistant Fire Chief: David Carey (uncontested)
Second Assistant Fire Chief: Glenn Whitt (uncontested)
Third Assistant Fire Chief: Duane Reeder
Fourth Assistant Fire Chief: Michael O'Connor, Jr.
First Fire Line Captain: Michael O'Connor, Ill
Second Fire Line Captain: David Knight
Please forward the above names to City Council for their review and approval.
~(~ CF~ei~~
Al Farling, Secret~ Charles Boyer, President
Page 124
PETITION TO AMEND AND ZONING DISTRICT
First Reading before the
Dover City Council
November 23, 2015
Applicants/Owners: Whatcoat Community Development Inc.
Address: 904-992 Whatcoat Drive
Location: East side of Saulsbury Road south of Whatcoat Drive
Tax Parcel ID #: ED-05-067.19-02-11.00-000
Size: 4.282 +/- acres
Present Use: Apartments
Proposed Use: Apartments
Comprehensive
Plan Designation: Residential High Density
Present Zoning: RG-1 (General Residence Zone)/COZ-1 (Corridor Overlay Zone)
Proposed Zoning: RG-2 (General Residence Zone)/COZ-1 (Corridor Overlay Zone)
File Number: Z-15-04
Ordinance Number: 2015-23
Page 125
City of Dover Application No.: Z-15-04
Department of Planning & Inspections
CPO
ia R-7
Virgin
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R-7
R-7
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Ann A
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McK
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Rd
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Walk M
CPO
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Hom
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R-8
ROS CPO
R-8
R-8
Title: Lands of Whatcoat Community Dev Inc
Address: 904-992 Whatcoat Drive
Parcel ID: ED-05-067.19-02-11.00-000
Existing Zoning: RG-1 (General Residence Zone) and Legend
COZ-1 (Corridor Overlay Zone)
Proposed Zoning: RG-2 (General Residence Zone) and Zoning
COZ-1 (Corridor Overlay Zone) Dover Parcels
Owner: Whatcoat Community Dev Inc
Date: 11/10/2015 Corridor Overlay Zone
« 0 175 350 700 Feet
Subject Property
Page 126
FIRST READING
CITY OF DOVER
PROPOSED ORDINANCE #2015-23
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
3 LOCATED AT 904, 910, 930, 950, 956, 970, 986, AND 992 WHATCOAT DRIVE
4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
5 the limits of the City of Dover; and
6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use
7 of property described below from RG-1 (General Residence Zone) and subject to the COZ-1
8 (Corridor Overlay Zone) to RG-2 (General Residence Zone) and subject to the COZ-1 (Corridor
9 Overlay Zone).
10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
11 OF DOVER, IN COUNCIL MET:
12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
13 Ordinance of the City of Dover have been amended by changing the zoning designation from
14 RG-1 (General Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone) to RG-2
15 (General Residence Zone) and subject to the COZ-1 (Corridor Overlay Zone) on that
16 property located at 904, 910, 930, 950, 956, 970, 986, and 992 Whatcoat Drive, consisting
17 of 4.282+/- acres, owned by Whatcoat Community Development, Inc.
18 (Tax Parcel: ED-05-067.19-02-11.00-000; Planning Reference Z-15-04; Council District: 4)
19
20 ADOPTED: *
21 S:\ORDINANCES\2015\DRAFT\ORDINANCE #2015-23 REZONING - 904, 910, 930, 950, 956, 970, 986, 992 WHATCOAT DRIVE\Ordinance #2015-23 Rezoning Property at 904-992 Whatcoat
22 Drive-FIRST READING.wpd
23
24 Actions History
25 November 23, 2015 - Scheduled for First Reading by City Council
Page 127
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2015-21
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 82, Planning, of the Dover Code be amended by deleting the text indicated in red strikeout and
4 inserting the bold, blue text, as follows:
5 Chapter 82 - Planning
6 Sec. 82-1. - Planning commission.
7 There is hereby created a planning commission. The members of the planning commission shall be
8 appointed by the mayor, subject to confirmation by the council. The planning commission shall consist of
9 nine members serving three-year terms. Two members shall be selected from each council district and one
10 member shall serve from the city at-large. The terms of the members shall be arranged so that each year the
11 terms of three members shall expire, and the expiration date shall be on June 1. Incumbent members of the
12 planning commission shall continue to serve beyond the expiration of their term until a successor is
13 appointed by the mayor and confirmed by the council.
14 (Code 1968, § 2-68; Ord. of 10-12-1970; Code 1981, § 17-1; Ord. of 6-27-1994)
15 Charter reference— Power of council to create planning commission, subpart A, § 23.
16 State Law reference— Planning commission, 22 Del. C. §§ 701—711.
17 Sec. 82-2. - City planner.
18 There is hereby established the office of city planner who shall be selected by *the city council at its annual
19 meeting and employed at the pleasure of mayor and council. The city planner shall be directly responsible
20 to the mayor and council.
21 (Code 1968, § 2-68; Ord. of 10-12-1970; Code 1981, § 17-2; Ord. of 1-9-2006; Ord. of 7-24-2006(1); Ord.
22 No. 2009-24, 11-9-2009)
23 Sec. 82-3. - Planning services.
24 (a) Zoning verification letters/administrative interpretations. A zoning verification letter or
25 administrative interpretation will be provided by the city planner upon request to verify
26 the current zoning of a particular piece of property and the types of uses that are allowed
27 in that zoning district. A request for a zoning verification letter or administrative
28 interpretation shall be submitted using forms provided by the planning office. Fees related
29 to zoning verification letters shall be as provided for in Appendix F - Fees and Fines.
30 (b) Content. A zoning verification letter or administrative interpretation may contain the
31 following information based upon the request received:
32 (1) The zoning district of the property and any zoning overlay districts applicable to the
33 property.
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Proposed Ordinance #2015-21 - Proposed New Revenues Page 2
34 (2) Verification that a particular use is permitted within the property's zoning district.
35 (3) A list of permitted uses in the zoning district.
36 (4) Identification of any current Notice of Violations issued for code enforcement violations
37 on the subject property.
38 (5) Any other requested information determined by the city planner to be within the scope
39 of this section.
40 (c) Appeal of zoning verification letter or administrative interpretation. Any determination made
41 by the city planner may be appealed to the board of adjustment in accordance with the
42 provisions of Appendix B - Zoning, Article 9 - Board of Adjustment, Section 2.2 - Appeal
43 of administrative order, requirement, decision or determination.
44 BE IT FURTHER ORDAINED:
45 That Appendix F, Fees and Fines, of the Dover Code be amended by deleting the text indicated in red
46 strikeout and inserting the bold, blue text, as follows:
47 Description Fees and Fines (in dollars)
48 Chapter 82 - Planning
49 Sec. 82-3 Planning services
(a) Zoning verification letters/ $50.00 per
administrative interpretations letter/interpretation
50 Appendix B - Zoning, Article 8 - Enforcement and Penalties
51 Sec. 2 Certificates of occupancy
Subsec 2.4 Certificate of occupancy for All $40.00 60.00
properties zoned single-family one-
family residential uses.....
Temporary certificate of occupancy $75.00 for a maximum of 45
for one-family residential uses days. Fee applies for any
extensions beyond 45 days
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Certificate of occupancy for uses All $40.00 75.00 for the first
other property in other zoning 20,000 square feet of building
classifications, other than single-family area,
one-family residential uses ..... plus the sum of $10.00 15.00
for each additional 10,000
square feet of building area in
excess of the first 20,000
square feet or multiple
thereof.
Temporary certificate of occupancy $100.00 for a maximum of
for uses other than one-family 45 days. Fee applies for any
residential uses extensions beyond 45 days
52 ADOPTED: *
53 S:\ORDINANCES\2015\DRAFT\ORDINANCE #2015-21 PROPOSED NEW REVENUE SOURCES\ORDINANCE #2015-21 PROPOSED NEW REVENUES-First Reading.wpd
54 SYNOPSIS
55 The amendment adds new revenue sources.
56 (SPONSORS: LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
57 (SPONSORS: * HUTCHISON AND HARE)
58 Actions History
59 11/23/2015 - Scheduled for Introduction at the City Council meeting
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Proposed Ordinance #2015-21 - Proposed New Revenues Page 3
Certificate of occupancy for uses All $40.00 75.00 for the first
other property in other zoning 20,000 square feet of building
classifications, other than single-family area,
residential ..... plus the sum of $10.00 15.00
for each additional 10,000
square feet of building area in
excess of the first 20,000
square feet or multiple
thereof.
Temporary certificate of occupancy $100.00 for a maximum of
for uses other than single-family 45 days. Fee applies for any
residential uses extensions beyond 45 days
52 ADOPTED: *
53 S:\ORDINANCES\2015\DRAFT\ORDINANCE #2015-21 PROPOSED NEW REVENUE SOURCES\ORDINANCE #2015-21 PROPOSED NEW REVENUES-First Reading.wpd
54 SYNOPSIS
55 The amendment adds new revenue sources.
56 (SPONSORS: LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
57 (SPONSORS: * HUTCHISON AND HARE)
58 Actions History
59 11/23/2015 - Scheduled for Introduction at the City Council meeting
Page 131
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2015-22
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 110 - Utilities, Article II - Electric Service, of the Dover Code be amended by inserting a new
4 Section 110-33. - Charge for discontinuing or restoring electric service, as follows:
5 Sec. 110-33. - Charge for discontinuing or restoring electric service.
6 (a) Maintenance and repair. There will be no charge for turning on or off any electric service for
7 maintenance and repair purposes if done between the hours of 7:00 a.m. and 5:00 p.m. There will
8 be a charge as provided for in Appendix F—Fees and Fines, for all service calls between 5:00 p.m.
9 and 7:00 a.m.
10 (b) Nonpayment. There will be a service charge as provided for in Appendix F—Fees and Fines paid
11 prior to turning on any electric service discontinued for nonpayment.
12 BE IT FURTHER ORDAINED:
13 That Appendix F - Fees and Fines, of the Dover Code be amended by deleting the text indicated in red
14 strikeout and inserting the bold, blue text, as follows:
15 APPENDIX F - FEES AND FINES
16 Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any
17 provision of this Code or any ordinance shall continue shall constitute a separate offense. Fines not paid
18 within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically
19 doubled in amount.
Fees and Fines (in
20
dollars)
21 SUBPART A—CHARTER
22 Article II—Mayor and Council
23 Sec. 18 Ordinances authorized; maximum penalty for violation $ 1,000.00
24 Correction to Appendix F-Maximum penalty removed from Charter July 8, 2009 (77 Del. Laws, c. 130, § 16)
Fees and Fines
25 SUBPART B - RELATED LAWS
26 Sec. 2 - Licenses
Not in excess of
Subsec. (c) - Fines - Operating a business without a license
$100.00
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Fees and Fines
27 CODE OF ORDINANCES
28 Chapter 1 - General Provisions
29 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
30 shall be automatically doubled in amount.
Not less than
31 Sec. 1-17 - General Penalty; separate offenses; unpaid fines $25.00, nor more
than $1,000.00
Fees and Fines
32 Chapter 10 - Alcoholic Beverages
33 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
34 shall be automatically doubled in amount.
35 Sec. 10-1 - Consumption or possession
Subsec. (c) - Underage persons $100.00
Fees and Fines
36 Chapter 18 - Animals
37 Mandatory and nonsuspendable fine of at least the minimum fine for each offense. Fines not paid
38 within 14 days of the day the fine was issued, including the day the fine was issued, shall be
39 automatically doubled in amount.
Not less than
40 Sec. 18-3 - Keeping swine; for each violation $25.00 or more
than $100.00
Not less than
41 Sec. 18-4 - Running at-large; for each violation $25.00 or more
than $100.00
Not less than
$25.00 or more
42 Sec. 18-5 - Dog licenses required; for each violation
than $1,000.00
Sec. 1-17)
43 Sec. 18-6 - Noisy animals or fowl
Not less than
$50.00 or more
than $100.00 shall
Subsec. (b) - Notice; abatement; fine
be subject to a fine
until such
nuisance is abated
Not less than
44 Sec. 18-7 - Hitching to public trees; for each violation
$10.00 Or more
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Proposed Ordinance #2015-22 - Proposed New Revenues Page 3
than $100.00
45 Sec. 18-8 - Excrement
Not less than
$25.00 or more
Subsec. (g) - Violations; penalties
than $1,000.00
Sec. 1-17)
46 Sec. 18-9 - Vicious dogs and animals - Generally
Subsec. (f) - Violations; penalties; for each violation $100.00
47 Sec. 18-12 - Cruelty
Subsec. (6) - Violations; penalties; for each violation $100.00
48 Sec. 18-13 - Public nuisances
Not less than
Subsec. (d) - Violations; penalties; for each violation $25.00 or more
than $100.00
49 Sec. 18-16 - Keeping bees
Not less than
Subsec. (m) - Violations; penalties, for each violation $25.00 or more
than $100.00
Fees and Fines
50 Chapter 22 - Buildings and Building Regulations, Article III—Building Code
51 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
52 shall be automatically doubled in amount.
53 Sec. 22-61 - Adopted (International Building Code)
Sec. 105.5.1 - Expiration; Additional 180 day extensions may be $25.00 per 180 -
granted with payment of a renewal fee day extension
Fine of not less
Sec. 113.4 - Violation penalties; Each day that a violation continues than $100.00 or
shall be deemed a separate offense more than
$10,000.00
Sec. 114.3 - Unlawful continuance
First offense $100.00
Second offense $250.00
Third offense $500.00
No less than
$1,000.00 and no
Fourth and subsequent offenses
more than
$10,000.00
54 Sec. 22-65 - Permit fees
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55 Fees shall double in the event that a permit is applied for after construction has commenced without the
56 permission of the building inspector. The building inspector may waive the doubling of fees in cases
57 where the building permit applicant is not a professional contractor, and the work is not being done by
58 a professional contractor.
$25.00 for first $1,000.00 of costs and
$8.00 for each additional $1,000.00 of
costs or multiples thereof up to
$10,000,000.00 of costs, $6.00 for
each additional $1,000.00 of costs or
Subsec. (a) - Building permits
multiple thereof up to
$20,000,000.00, and $5.00 for each
additional $1,000.00 of costs or
multiple thereof above
$20,000,000.00
$25.00 for first $1,000.00 of costs and
Subsec. (a) - Fence permits $8.00 for each additional $1,000.00 of
costs or multiple thereof
$0.50 0.75 per square foot of sign
Subsec. (a) - Sign permits area; minimum fee for each permit
$15.00 50.00
$25.00 for first $1,000.00 of costs and
Subsec. (a) - Swimming pool permits $8.00 for each additional $1,000.00 of
costs or multiple thereof
Subsec. (a) - Demolition permits, any building
$50.00; $0.00 if condemned and
which is being demolished for the purpose of
required to be demolished by the city
vacating the land for future development or
or any public entity
construction upon the same
Subsec. (a) - Moving permits, each building $250.00
$20.00 per set of
Subsec. (a) - Construction plan reviews, nonresidential (Not subject
plans
to doubling)
Subsec. (b) - Reinspections (Not subject to doubling)
First reinspection ..... $0.00
Second reinspection ..... $25.00
Third reinspection ..... $50.00
Any subsequent reinspection ..... $100.00
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Fees and Fines
59 Chapter 22 - Buildings and Building Regulations, Article IV - Electrical Installations
60 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
61 shall be automatically doubled in amount.
Not less than
$25.00 or more
62 Sec. 22-110 - Violations
than $1,000.00
(Sec. 1-17)
Fees and Fines
63 Chapter 22 - Buildings and Building Regulations, Article V—Mechanical Code
64 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
65 shall be automatically doubled in amount.
66 Sec. 22-145 - Heating, air conditioning, and heat pump permit fees
67 Fees shall double in the event that a permit is applied for after construction has commenced without
68 the permission of the building inspector.
$30.00 40.00 first
10,000 BTUs and
$5.00 7.00 each
Subsec. (a) - Heating permit
additional 10,000
BTUs or multiple
thereof
$30.00 40.00 per
ton for the first
five tons and
Subsec. (a) - Air conditioning permit $5.00 7.00 per
ton over five tons
or multiple
thereof
$15.00 40.00 first
10,000 BTUs and
$2.50 7.00 for
each additional
10,000 BTUs or
multiple thereof
or $40.00 per
Subsec. (a) - Heat pump permit
ton for the first
five tons and
$7.00 per ton
over five tons or
multiples
thereof and an
additional
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Proposed Ordinance #2015-22 - Proposed New Revenues Page 6
$15.00 for the
first five tons
and $2.50 per
ton for over five
tons or multiple
thereof
Fees and Fines
69 Chapter 22 - Buildings and Building Regulations, Article VI - Plumbing Code
70 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
71 shall be automatically doubled in amount.
72 Sec. 22-185 - Permit fees
73 Fees shall double in the event that a permit is applied for after construction has commenced without
74 the permission of the building inspector. The building inspector may waive the doubling of fees in
75 cases where the building permit applicant is not a professional contractor, and the work is not being
76 done by a professional contractor.
Subsec. (a) - Enumerated
$25.00 35.00 first
five fixtures and
Fixtures $2.00 3.00 for
each additional
fixture
A minimum fee
Garbage disposal and hot water heaters
of $25.00 35.00
$20.00 30.00 for
first 150 feet and
$0.50 0.75 for
Gas, water and sewer inspection underground
each additional
ten feet or
multiple thereof
Fees and Fines
77 Chapter 22 - Buildings and Building Regulations, Article VIII - Leases
78 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
79 shall be automatically doubled in amount.
80 Sec. 22-251 - Unlawful leases
Subsec. (g) - Violations; penalties
First offense $50.00
Each subsequent offense $100.00
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Fees and Fines
81 Chapter 22 - Buildings and Building Regulations, Article IX - Lodging Houses, Division 2 - Permit
82 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
83 shall be automatically doubled in amount.
84 Sec. 22-301 - Generally
Subsec. (b) - Expiration; fee
$50.00 for the
If the permit fee is not paid on the date due, the permittee
first ten rooms
shall incur a penalty fee of ten percent per month of the
and $5.00 for
amount of the license fee until the same is paid. Annual
each additional
permit fee
room.
$50.00 for the
If the dormitory permit fee is not paid on the date due, the
first ten rooms
permittee shall incur a penalty fee of ten percent per month
and $2.50 for
of the amount of the license fee until the same is paid.
each room
Annual dormitory permit fee
thereafter.
A penalty fee in
the amount of ten
percent per
Subsec. (c) - Failure to pay on due date month of the
amount of the
license fee until
the same is paid.
Subsec. (d) - Reinstatement fee $100.00
Fees and Fines
85 Chapter 22 - Buildings and Building Regulations, Article X - Rental Dwellings, Division 2 - Permit
86 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
87 shall be automatically doubled in amount.
88 Sec. 22-332 - Inspection required
Subsec. (b) - Reinspection fee (Not subject to doubling)
First follow-up inspection $0.00
Each subsequent reinspection, per inspection $50.00
89 If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent per
90 month of the amount of the license fee until the same is paid.
91 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
92 shall be automatically doubled in amount.
93 Sec. 22-351—Generally
Subsec. (a) - Single-family dwellings, annual permit
Single-family detached dwelling, each dwelling $90.00 100.00
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Single-family attached dwelling, each dwelling $70.00 80.00
Subsec. (b) - Multiple-family dwellings, annual permit
Multiple dwellings consisting of three or less dwelling units $90.00 100.00
Multiple dwellings consisting of four or more dwelling units:
For the first three dwelling units $90.00 100.00
For each additional dwelling unit in excess of three $30.00 35.00
Condominium units and accessory apartments located within
$30.00 35.00
structures principally used for owner occupancy, each
A penalty fee in
the amount of ten
percent per
Subsec. (c) - Late payment penalty month of the
amount of the
license fee until
the same is paid.
Subsec. (d) - Reinstatement fee $100.00
Fees and Fines
94 Chapter 22 - Buildings and Building Regulations, Article XI - Dangerous Buildings
95 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
96 shall be automatically doubled in amount.
97 Sec. 22-386 - Violations; penalties for disregarding notices or orders
Subsec. (a) - Violations by owner, each offense, minimum $100.00
Subsec. (b) - Violations by occupant or lessee, each offense,
$100.00
minimum
Subsec. (c) - Removal of notice, each offense, not to exceed ..... $100.00
Fees and Fines
98 Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings
99 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
100 shall be automatically doubled in amount.
101 Sec. 22-403 - Registration and Registration Fees
Subsec. (a)(2)b.(ii) - Registration fee
Residential buildings and non-residential buildings <10,000
SF:
Buildings vacant one year or less $250.00 375.00
Buildings vacant for more than one year but less than
$500.00 750.00
two years
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Buildings vacant for more than two years but less $1,000.00
than five three years 1,500.00
Buildings vacant for more than four years but less
$3,000.00
than five years
$2,000.00
Buildings vacant for five years or longer
5,000.00
Non-residential buildings $10,000 SF:
Buildings vacant one year or less $500.00
Buildings vacant for more than one year but less
$1,000.00
than two years
Buildings vacant for more than two years but less
$2,000.00
than five years
Buildings vacant for five years or longer $4,000.00
Fees and Fines
102 Chapter 26 - Businesses, Article II - Licenses
103 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
104 shall be automatically doubled in amount.
105 Sec. 26-35 - License required; fees
Subsec. (d)(1) - Businesses licensed
Advertising agency $95.00
Amusement operator $157.00
Architect $250.00
Attorney-at-law $313.00
ATM machines (third-party or off bank premises) $50.50
Auctioneer $157.00
Automobile race operator $375.00
Bank, or loan and trust company $313.00
Barber $63.00
each additional chair over two $4.00
Beautician $63.00
each additional chair over two $4.00
Broadcasting station $313.00
Broker $157.00
Car wash $188.00
Certified public accountant $250.00
Cesspool cleaner $125.00
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Chiropractor $313.00
Clinical social worker $96.00
$3.00
Coin-operated amusement machine owner
Per machine
$3.00
Coin-operated vending machine owner
Per machine
$125.00
Coin-operated electronic video machine
Per machine
Commercial sign business $125.00
Computer-related services $125.00
Consultant $50.50
Day care operator:
Center or home provider with greater than six
$50.50
children
Dentist $313.00
Distributor $63.00
Dray person or mover $125.00
Eating establishment and/or eating establishment operator $125.00
Employment agency $125.00
Entertainer:
One - three entertainers per group $50.50
Four - nine entertainers per group $95.00
Ten or more $125.00
Entertainment agent $188.00
Finance or small loan agency $250.00
Fitness trainer $69.00
Funeral director $250.00
Gaming position $155.00
Gas, light, power, cable TV and telephone company $938.00
General repairman $63.00
Health spa or health club $188.00
Home day care operator $25.50
Hotel:
Per room $9.50
Per suite $12.50
Income tax consultant $188.00
Incorporator $125.00
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Insurance adjustor office $125.00
Itinerant merchant, per event $41.50 100.00
Janitorial and cleaning service:
One - three employees $50.50
Four - nine employees $95.00
Ten or more employees $125.00
Landscape service company:
One - three employees $50.50
Four - nine employees $95.00
Ten or more employees $125.00
Laundry service operator:
Primary facility $125.00
Additional drop-off locations $50.50
Linen supplier $125.00
Manicurist $32.00
Manufacturer's agent or representative $125.00
Mercantile agency or collection agency $125.00
Mobile home park, per space $7.00
Motel, per room $7.00
Motion picture theater $188.00
Motor vehicle serviceman $95.00
Nursing, rest or convalescent home $188.00
Open market operator:
First 20 spaces, per rented space $22.50
21st - 50th space, per rented space $11.50
Each space over 50, per rented space $6.00
Outdoor tables, per table $6.00
Optometrist $313.00
Pawnbroker $188.00
Pest control services $95.00
Pharmacist $188.00
Photographer $125.00
Physical therapist $188.00
Physician and/or surgeon $313.00
Plant nursery and florist $95.00
Podiatrist $313.00
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$63.00/
Pool table operator, per table Maximum fee
$189.00
Printer $125.00
Private investigator agency $188.00
Professional counselor $63.00
Professional engineer $250.00
Professional land surveyor $250.00
Psychologist $313.00
Public accountant $188.00
Public stenographer $38.00
Publisher $313.00
Real estate broker, appraiser, and manager $157.00
Real estate development corporation $344.00
Real estate property manager:
One - three units managed $50.50
Four - ten units managed $125.00
Ten + units managed $125.00
Real estate salesperson or associated broker $50.50
Rental service $125.00
Sales representative $50.50
School and educational service (nonvocational) $63.00
School and educational service (vocational) $125.00
Scientific laboratory $250.00
Scrap and waste material service $125.00
Secondhand dealer of precious metals $125.00
Security service $188.00
Self-service laundry or dry cleaner $125.00
Shoe repairman $50.50
Sound truck, per hour $33.00
Tailor and garment service $50.50
Taxicab or bus operator:
First vehicle $26.00
Each additional vehicle $26.00
Tourist home, per room $7.00
Trailer park, per space $7.00
Travel agency $125.00
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Veterinarian $313.00
Warehouseman $250.00
Wholesale news agency $63.00
All other businesses not listed:
One - three employees $50.50
Four - nine employees $95.00
Ten - 50 employees $125.00
51 - 100 employees $313.00
$0.00046 of
aggregate gross
Subsec. (d)(2) - Manufacturers/contractors rate receipts/
Minimum fee
$125.00
$0.00046 of
aggregate gross
purchases for
Subsec. (d)(3) - Merchants/bottlers rate
resale/
Minimum fee
$63.00
rate of $0.00046
of the aggregate
gross receipts
(defined as
Subsec. (d)(4) - Sports betting and horse racing (Simulcast)
commission) for
each activity/
Minimum license
fee $125.00
A penalty fee in
the amount of ten
percent per
106 Sec. 26-42 - Penalty for late payment of license fee month of the
amount of the
licensee fee until
the same is paid
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Fees and Fines
107 Chapter 26 - Businesses, Article III - Going-Out-Of-Business Sales; Fire Sales
108 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
109 shall be automatically doubled in amount.
110 Division 1- Generally
Not less than
$25.00, nor more
Sec. 26-108 - Violations; penalties
than $1,000.00
(Sec. 1-17)
111 Division 2 - License
$25.00; renewal
Sec. 26-137 - Fees
fee $25.00
Fees and Fines
112 Chapter 30 - Code of Conduct and Ethics Commission, Article II - Code of Conduct
113 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
114 shall be automatically doubled in amount.
115 Sec. 30-33 - Prohibitions relating to conflicts of interest
Not to exceed
Subsec. (g)(1) - Criminal Sanctions, penalties
$1,000.00
Fees and Fines
116 Chapter 38 - Emergencies, Article II - Civil Emergencies
117 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall
118 be automatically doubled in amount.
119 Division 3 - State of Emergency
Not less than $25.00,
nor more t h an
Sec. 38-84 - Violations; penalties
$1,000.00 (Sec. 1-
17)
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Fees and Fines
120 Chapter 42 - Environment
121 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
122 shall be automatically doubled in amount.
123 Sec. 42-2 - Noise
Not less than
Subsec. (d) - Violations; penalties $50.00 nor more
than $100.00
Fees and Fines
124 Chapter 46 - Fire Prevention and Protection, Article I - In General
125 Sec. 46-1 - Means of egress
Subsec. (f) - Penalties
$25.00 first
offense $50.00
Any exit access, exit, or exit discharge, with the exception of
second or
a locked exit door, found to be in violation of this section
subsequent
offense
$100.00 each
Any required exit door found to be locked against egress
locked exit
126 Sec. 46-3 - Impairment of Fire Protection Equipment
$50.00 first
offense; $100.00
Subsec. (f) - Fines second and
subsequent
offenses
127 Sec. 46-7 - Preventable and malfunctioning alarms to the fire company
Should the
person notified
fail to appear at
said premises
within 30
Subsec. (b)(1) - Responsibility for malfunctioning and preventable minutes after
alarms, owner response, and corrective action; Generally being notified to
do so, the city
may charge the
owner of the
premises a fine of
$75.00
Failure to return
Subsec. (b)(2) - Responsibility for malfunctioning and preventable
documentation of
alarms, owner response, and corrective action; Malfunction
service/repair
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within the period
of time stated on
the notice of
violation, which
is satisfactory to
the fire marshal,
will result in
assessment
against the owner
of a fine for the
fire alarm
malfunction
Subsec. (c)(1) - Fine charges; multiple fire alarm malfunctions or preventable alarms;
Amount of fine
F i n e p e r
preventable or
Number of preventable or malfunctioning fire alarms
malfunctioning
fire alarm
Third $75.00
Fourth $100.00
Fifth $200.00
All over fifth, each $250.00
A $25.00 fine
may be assessed
to the owner of a
premises where
the fire alarm has
Subsec. (c)(2) - Fine charges; multiple fire alarm malfunctions or
been reset before
preventable alarms; Panel reset
t h e f i r e
department or
assisting fire
department
arrives
128 Sec. 46-8 - Maintaining a known violation or hazard
Not less than
Subsec. (c)(1) - Penalties; Any fines issued for violation of this $25.00, nor more
section than $1,000.00
(Sec. 1-17)
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Fees and Fines
129 Chapter 46 - Fire Prevention and Protection, Article II - Fire Department
130 Division 1 - Generally
Fine of not less
than $25.00, nor
more than
Sec. 46-45 (b) - Failure to answer alarms, orders and perform duties $1,000.00 or by
orderly; Penalties suspension from
t h e f i r e
department or
both (Sec. 1-17)
Fees and Fines
131 Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes
132 Fees established in subsection (b) of this section shall be doubled in the event that a permit is
133 applied for after construction has commenced without the permission of the fire marshal. The fire
134 marshal shall waive the doubling of fees in cases where the permit applicant is not a professional
135 contractor and the work is not being done by a professional contractor.
136 Sec. 46-126 - Fire Prevention Permit
$12.00 for each
$1,000.0 0 o f
costs or multiple
thereof of the fire
protection
Subsec. (b) - Fee; Each applicant
system; provided
that a minimum
fee for each
permit shall be
$50.00
Subsec. (c) - Reinspection
First reinspection No charge
Second reinspection $25.00
Third reinspection $50.00
Any subsequent reinspection $100.00
Subsec. (d) - Fire signaling system inspection fee
$25.00 each fire
Certificate of inspection
alarm system
Exception: apartment or other multifamily dwelling - $25.00 each fire
Five or less buildings per complex alarm system
Exception: apartment or other multifamily dwelling - $15.00 each fire
More than five buildings per complex alarm system up
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to a maximum of
20 buildings.
Maximum fee per
complex not to
exceed $300.00
for fire alarm
systems
Subsec. (e) - Fire suppression system inspection fee
$25.00 each fire
Certificate of inspection suppression
system
$25.00 each fire
Exception: apartment or other multifamily dwelling - Five or
suppression
less buildings per complex
system
$15.00 each fire
suppression
system up to a
maximum of
twenty (20)
Exception: apartment or other multifamily dwelling - More buildings.
than five buildings per complex Maximum fee per
complex not to
exceed $300.00
f o r f i r e
suppression
systems
137 Sec. 46-127 Smoke detection devices
138 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
139 shall be automatically doubled in amount.
Revocation of
any existing
license to do
business in the
Subsec. (g) - Violations; penalties
city, or a fine of
not more than
$100.00 per
violation, or both
such penalties
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Fees and Fines
140 Chapter 46 - Fire Prevention and Protection, Article IV - Public Occupancies
141 Sec. 46-164 - Fees
Churches $25.00 50.00
Civic auditoriums $25.00 50.00
Clubhouses $50.00 100.00
$25.00 50.00 first
200 seats and $2.50
Commercial auditoriums
5.00 for each
additional 50 seats
Day care facilities $25.00 50.00
$5.00 15.00 first ten
rooms and $1.25
Hospitals, nursing homes or rest home
2.00 for each
additional room
Mercantile (10,000 square feet of area or greater) $25.00 50.00
Outdoor public events, including but not limited to firework displays,
$25.00 250.00
carnivals, and outdoor music concerts
Public office buildings $25.00 50.00
Restaurants (10,000 square feet of area or greater) $50.00
Restaurants of any size that serve alcoholic beverages $75.00
School $25.00 50.00
$25.00 50.00 for the
first 200 seats and
Theaters
$2.50 5.00 for each
additional 50 seats
142 Sec. 46-168 - Reinspection Fee
$25.00 for any
repeated violation
cited by the fire
marshal, determined
to be a violation and
Subsec. (a) - Amount
which requires a
followup inspection
to confirm the
correction of the
violation
A fee may be
attached to any
summons written for
Subsec. (b) - Fee Attached
any violation found
to be uncorrected
upon reinspection
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Fees and Fines
143 Chapter 46 - Fire Prevention and Protection, Article V - Fire Lanes
144 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
145 shall be automatically doubled in amount.
146 Sec. 46-202 - Violations; penalties
Any property owner
Subsec. (c) - Other obstructions or tenant found to be
in violation; $50.00
Any property owner
Subsec. (d) - Failure to mark found to be in
violation; $50.00
Any property owner
147 Sec. 46-205 - Responsibility of owner or tenant found to be in
violation; $50.00
Fees and Fines
148 Chapter 50 - Floods, Article II - Administration
149 Sec. 50-22 - Permits Required
Permit $50.00
Permit extension $25.00
Not less than $25.00
nor more than
Violation and non-compliance penalties
$100.00, plus cost of
prosecution
Fees and Fines
150 Chapter 52 - Freedom of Information Act Related to Public Records Access
151 Sec. 52-3 - Fees for Responding to FOIA Requests
Administrative Fees
First 30 minutes of staff time No charge
Hourly salary plus
overhead rate of the
lowest paid staff
Staff time in excess of 30 minutes member capable of
p erform i n g t h e
service. Billed in
1 5 - m i n u t e
increments.
Production Fees - Photocopies
Fees for printing the first 10 standard-sized black and white
Waived
or the first 5 color copies (single sided)
Standard-sized (8.5" by 11", 8.5" by 14", or 11" by 17") $0.25 per sheet
black and white copies (each side)
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Standard-sized (8.5" by 11", 8.5" by 14", or 11" by 17") color $0.50 per sheet
copies (each side)
$30.00 per sheet
Oversized copies (larger than 11" by 17")
(each side)
Production Fees - Electronically generated records
Files provided via PDF (via email) No charge
CD or DVD (including case) $2.00
Material cost to
Other Electronic Storage Costs
generate records
Other Costs
Other costs associated with filling the request, such as postage, are the responsibility
of the requestor. If the City does not have the resources or equipment to duplicate
requested records, the City, at its discretion, may arrange to have records duplicated
by an outside contractor. In this instance, the requestor will be liable for payment of
these costs.
Fee Waivers
The FOIA Coordinator or designee shall have the authority to determine if a fee for
a FOIA request shall be waived and the following criteria shall be used to render such
a decision:
1) The public record is already available in duplicate form (extra copies).
2) The request for public record is made by an individual who is entitled to
information under the FOIA and who submits an affidavit, provided by the City upon
request, which shall state that the individual is then receiving public assistance or, if
not receiving public assistance, stating facts showing inability to pay the cost because
of indigence. A person shall be considered indigent if that person's income level is at
or below the federal poverty level, as established by the Bureau of the Census.
3) No written request will be required or charges levied for requests to review specific
documents which are required by ordinance to be made available to the public by the
City Clerk.
Payment
Payment of fees related to FOIA requests will be due prior to any related service being
performed. Full payment of all final costs incurred must be received prior to the
retrieval and release of information.
Fees and Fines
152 Chapter 54 - Health and Sanitation, Article I - In General
153 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
154 shall be automatically doubled in amount.
155 Sec. 54-4 - Smoking Regulations
Subsec. (d) - Violations; penalties; appeals
Not to ex ceed
$25.00; each day
such violation
Subsec. (2) - Penalties
continues sh al l
constitute a separate
offense
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Fees and Fines
156 Chapter 54 - Health and Sanitation, Article II - Food and Food Handlers, Division 2 - Certificate
157 Sec. 54-52 - Fee
Subsec. (a) - Type of establishment
Mobile food units $50.00
Push carts $25.00
For-profit temporary eating places $25.00
Membership clubs $50.00
Institutions $100.00
Subsec. (b) - Services provided
Breakfast service $15.00
Lunch service $18.00
Dinner service $18.00
Salad bar service $15.00
Hot and cold buffet, including salad bar service $40.00
Drive through service $75.00
Delivery service $20.00
Catering service $15.00
Takeout service $20.00
Seating service:
100 - 150 $50.00
151 - 200 $75.00
201 or more $100.00
Fees and Fines
158 Chapter 54 - Health and Sanitation, Article V - Rat Control
159 Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of
160 any provision of this Code or any ordinance shall continue shall constitute a separate offense. Fines
161 not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall
162 be automatically doubled in amount.
Unless the work and
improvements have
been completed by
the owner in the
163 Sec. 54-155 - Compliance with notice to ratproof time specified in the
written notice,
which in no event
shall be more than
15 days, or within
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the time to which a
written extension
may have been
granted by the
health inspector,
then the owner shall
be punished by a
fine of not less than
$25.00, nor more
than $1,000.00 (Sec.
1-17)
Unless eradication
measures are
undertaken within
five days after
receipt of the notice,
the owner or
164 Sec. 54-156 - Compliance with notice to eradicate rats
occupant shall be
punished by a fine
of not less than
$25.00, nor more
than $1,000.00 (Sec.
1-17)
Fees and Fines
165 Chapter 59 - Juvenile Curfew
166 Sec. 59-7 - Violations and penalties.
First offense by a
parent - $50.00;
each subsequent
offense by a parent
shall be increased
Subsec. (a)(1) - Offenses by the parent
by an additional
$20.00: e.g., $70.00
for the second
offense and $90.00
for the third offense.
Subsec. (a)(2) - Personnel costs incurred by the City of Dover for The hourly wage
providing personnel to remain in the company of a juvenile who has and cost of benefits
been detained as a curfew violator if the parent or guardian does not of the city employee
pick up the juvenile within one hour after receiving notice from the assigned to remain
city that the city is detaining the juvenile for a curfew violation with the juvenile
$50.00 for first
Subsec. (c) - Operators - Any operator who knowingly permits a
o ffens e by a n
juvenile to remain at the establishment under circumstances not
operator; for each
constituting an exception
subsequent offense
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the fine shall be
increased by an
additional $20.00:
e.g., $70.00 for the
second offense and
$90.00 for the third
offense
$50.00 for the first
offense; for each
Subsec. (d) - False certification - Any parent convicted of knowingly
subsequent offense
providing any false authorization, information or certification,
the fine shall be
written or verbal, to the Dover police department in violation of
increased by an
section 59-4(c)
additional $20.00,
plus costs
Fees and Fines
167 Chapter 62 - Law Enforcement, Article I - In General
168 Fees not paid within 30 days of the day the fee was issued, including the day the fee was issued,
169 shall be automatically doubled in amount.
170 Sec. 62-2 - False alarms to police
Subsec. (c)(1) - Violations; penalties
Amount of Fee Per
Number of False Alarms
False Alarm
3-5 $25.00
6-9 $50.00
10 - 15 $100.00
16 and over $150.00
Fees and Fines
171 Chapter 66 - Manufactured Homes and Trailers
172 Sec. 66-2 - License
Subsec. (a) - Required fee $45.00 each license
A fine of not less
than $25.00, nor
more than $1,000.00
(Sec. 1-17) and a
Subsec. (b) - Payment; penalties penalty fee of ten
percent per month
shall accrue on the
unpaid balance of
the license fee
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Fees and Fines
173 Chapter 70 - Offenses and Miscellaneous Provisions
174 Sec. 70-1 - Combative fighting
Not to exceed
$1,000.00. Separate
fines may be issued
to the promoter of
such an event,
Subsec. (d)(1) - Violations; penalties, Fines
participants in such
an event, and the
owner of the
premises of such an
event
175 Sec. 70-7 - Registered Sexual Offenders
$500.00 for any
offense; each day
Subsec. (d) - Penalties
shall constitute a
separate offense
Fees and Fines
176 Chapter 74 - Parks and Recreation, Article I - In General
177 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
178 shall be automatically doubled in amount.
Not to exceed
179 Sec. 74-51 - Operating any nonpermitted motorboat on Silver Lake $200.00, and not
less than $100.00
Not to exceed
180 Sec. 74-52 - Same - Fine $100.00, and not
less than $10.00
Fees and Fines
181 Chapter 78 - Peddlers and Solicitors
A fine of not less
than $25.00, nor
182 Sec. 78-4 - Refusing to leave premises
more than $1,000.00
(Sec. 1-17)
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Fees and Fines
183 Chapter 82 - Planning
184 Sec. 82-3 - Planning services
(a) Zoning verification letters/administrative $50.00 per
interpretations letter/interpretation
Fees and Fines
185 Chapter 86 - Secondhand Goods, Article II - Precious Metals, Division 2 - License
186 Sec. 86-63 - Fee $25.00 per license
Penal sum of
187 Sec. 86-64 - Bond required
$1,000.00
Fees and Fines
188 Chapter 90 - Solid Waste
189 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
190 shall be automatically doubled in amount.
Not in excess of
$100.00, nor less
191 Sec. 90-17 - Violations; penalties
than $5.00 for each
violation
Fees and Fines
192 Chapter 98 - Streets, Sidewalks and Other Public Places, Article I - In General
Not in excess of
193 Sec. 98-5 - Duty of tenants or owners to maintain sidewalks and landscaped $100.00, nor less
194 areas within the street right-of-way than $5.00 for each
violation
Fees and Fines
195 Chapter 98 - Streets, Sidewalks and Other Public Places, Article V - Excavations, Division 2 - Permit
Maximum of
196 Sec. 98-193 - Bond $5,000.00 per
opening
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Fees and Fines
197 Chapter 98 - Streets, Sidewalks and Other Public Places, Article VI - Parades, Division 2 - Permit
$10.00. This fee
may be waived, in
198 Sec. 98-243 - Fee at the time of filing the application for a parade permit
whole or in part, by
the chief of police.
Fees and Fines
199 Chapter 102 - Taxation, Article I - In General
200 Sec. 102-2 - Delinquent property tax collection costs
Fee of $50.00 added
to amount due, plus
Subsec. (a) - Action to collect delinquent property taxes filed in a court costs and
court of appropriate jurisdiction service fees assessed
by state or county
offices
Additional fee of
$100.00 shall be
added to the amount
Subsec. (b) - Action proceeds and a writ of venditioni exponas
due, plus court costs
monition or similar execution process is filed
and service fees
assessed by state or
county offices
Fees and Fines
201 Chapter 102 - Taxation, Article III - Realty Transfer Tax
202 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
203 shall be automatically doubled in amount.
204 Sec. 102-79 - Violations; penalties, Any person guilty of conduct prohibited A fine of not more
205 in section 102-78 - Prohibited acts enumerated than $100.00
Fees and Fines
206 Chapter 106 - Traffic and Vehicles, Article I - In General
207 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
208 shall be automatically doubled in amount.
A fine of not less
209 Sec. 106-7 - Obedience to state law; violation of any provision of 21 Del. C.
than $25.00, nor
210 § 101 et seq. (except Sec. 106-7(1) - Handicapped parking and Sec. 106-7(2) -
more than $1,000.00
211 Fire lanes)
(Sec. 1-17)
Minimum fine, as
Subsec. (1) - Handicapped parking defined in 21 Del.
C. § 4183, at the
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time the violation
occurs
Minimum fines, as
defined in 21 Del.
Subsec. (2) - Fire lanes C. § 7001(a), at the
time the violation
occurs
212 Sec. 106-14 - Off-road motor vehicle regulations
A minimum fine of
$25.00 and a
Subsec. (d) - Penalties
maximum fine of
$100.00
213 Sec. 106-15 - Failure to stop for a red traffic signal; traffic light signal violation monitoring program;
214 penalties
Subsec. (b)(3) - Traffic light signal violation monitoring program; civil or administrative
assessment
Failure to comply with a traffic light signal $75.00
If not paid within 14 days, an additional assessment shall be
$10.00
added to the original assessment
Additional assessment shall be increased if the assessment is
$20.00
not paid within 45 days
Additional assessment shall be increased if the assessment is
$30.00
not paid within 90 days
Court costs or similar administrative fees may also be
assessed if the owner requests a hearing to contest the
Maximum $30.00
violation, and is ultimately found to be in violation or fails to
pay or contest the violation in a timely manner
215 Sec. 106-16 - Violations; Except as otherwise provided
Subsec. (a)(1) - Moving offense Minimum of $10.00
Subsec. (a)(2) - Nonmoving offense Minimum of $15.00
$20.00 for each
offense, if the fine is
paid within 72 hours
Subsec. (a)(3) - Parking violation from the date the
offense is recorded
in time, the fine
shall be $15.00
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Fees and Fines
216 Chapter 106 - Traffic and Vehicles, Article II - Bicycles
217 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
218 shall be automatically doubled in amount.
Not to ex ceed
219 Sec. 106-55 - Penalties for violation $100.00 and not less
than $10.00
Fees and Fines
220 Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 1 - Generally
221 Sec. 106-135 - Residential parking
$20.00 fine or
$15.00 if paid
Subsec. (i)(1) - Expiration; Two-hour parking within 72 hours of
issuance of such
fine
$20.00 fine or
$15.00 if paid
Subsec. (i)(2) - Expiration; Change of residence, etc. within 72 hours of
issuance of such
fine
Any violation of this
section not having a
stated, specified
penalty will result in
Subsec. (m) - Violations; Penalties a $20.00 fine or
$15.00 if paid
within 72 hours of
issuance of such
fine
222 Sec. 106-137 - Parking areas for persons with disabilities
Failure to achieve
compliance within
30 calendar days of
the issuance of the
Subsec. (c)(3) - Signage; Fines notice of violation
shall be subject to
the fines set forth in
subsection (f) of this
section
Whoever violates
this section shall be
Subsec. (f) - Penalties
fined not less than
the minimum fine as
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defined in 21 Del.
C. § 4183 at the
time the violation
occurred
Fees and Fines
223 Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 2 - Metered
224 Parking
225 Sec. 106-163 - Use of meters required
$20.00 fine or
$15.00 if paid
Subsec. (a) - Failure to make the required payment in the parking
within 72 hours of
meter
issuance of such
fine
Subsec. (b) - Payments accepted
Permits the vehicle
Each $0.25 coin to be parked for a
period of one hour
Permits the vehicle
to be parked for the
duration of the
Each $1.00
enforcement period
of 8:00 a.m. to 5:00
p.m.
226 Sec. 106-164 Violations; penalties
A fine of not less
Subsec. (a) - Generally; Each violation if paid within 24 hours from
than $1.00 for each
time summons giving notice of violation is issued
violation
$2.00 for each
violation, if
payment is made
Subsec. (a) - Generally; Each violation if paid after expiration of 24
voluntarily prior to
hours from time summons giving notice of violation is issued
the time and date set
forth in the
summons
Subsec. (a) - Fourth Violation; Each violation if paid within one hour $1.00 for each such
from time summons giving notice of violation is issued violation
$2.00 for each
violation, if
payment is made
Subsec. (a) - Fourth Violation; Each violation if paid after expiration
voluntarily prior to
of one hour from time summons giving notice of violation is issued
the time and date set
forth in the
summons
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$5.00 for each such
violation, if
Subsec. (a) - Fifth violation, etc.; Any person committing more than payment is made
four violations within any 30-day period of the provisions of this voluntarily prior to
division the time and date set
forth in the
summons.
Subsec. (b)(4) - Any person who unlawfully removes a device for $500.00 fine for
immobilization of a vehicle each violation
Subsec. (b)(5) - Any person who tows or otherwise moves an
$500.00 fine for
immobilized vehicle without authorization by the chief of police or
each violation
his designee
Subsec. (c) - Cost. No cost will be assessed if payment of the penalty as hereinbefore imposed
is voluntarily paid without the necessity of a hearing before the proper official
Fees and Fines
227 Chapter 110 - Utilities, Article II - Electric Service
228 Sec. 110-32 - Pole attachment fee; use of Dover Electric Department facilities
229 If payment is not received for any fee or other amount owed within 30 calendar days after it
230 becomes due, the licensee shall pay interest at the rate of one and one-half percent per month, on the
231 amount due (Subsec. (f)).
$8.17
Subsec. (4) - Fees and charges; Annual pole attachment fee
per attachment
Wherever the actual
cost of DED's
activity exceeds the
advance payment of
estimated expenses,
licensee agrees to
pay DED for the
difference in cost
when that amount
Subsec. (4)(l) - True up exceeds $50.00;
To the extent that
the actual cost of the
activity is less than
the estimated cost,
DED shall refund to
licensee the
difference in cost
where that amount
exceeds $50.00
Subsec. (5) - Scope of authority
Subsec. (l)(i) - Overlashing, unauthorized attachment penalty Three times the
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annual attachment
fee, per occurrence
Subsec. (8) - Permitting, (b) - Pole Attachment Permit Application Process
Subsec. (i)(a) - Charge for expenses related to the Pre-Permit survey application
$50.00 application
Less than 11 poles fee plus $2.00 per
pole
$90.00 application
11 poles up to and including 25 poles fee plus $2.00 per
pole
$4.00 per pole
26 poles or greater
application fee
Subsec. (i)(b) - Charge for expenses related to the leasing of conduit
$50.00 application
Less than 100 feet
fee plus $0.50 foot
$90.00 application
100 feet to 251 feet
fee plus $0.50 foot
$0.75 per foot
Greater than 250 feet
application fee
DED may require
payment in advance
for all make-ready
work based upon the
estimated cost of
such work if the
Subsec. (9) - Make-ready work, (b) - Payment of make-ready work estimate exceeds
$1,000.00. Upon
completion, licensee
shall pay DED's
actual cost of make-
ready work, which
shall be itemized.
If DED performs the
transfer(s), DED
will bill licensee for
actual costs per
subsection (4) Fees
Subsec. 10 -Transfers, (b) - Billing for transfers performed by DED
and charges.
Licensee shall
reimburse DED
within 30 calendar
days of the receipt
of the invoice.
Subsec. 12 - Abandonment or removal of DED facilities
Subsec. (b) - Option to purchase abandoned poles Rate equal to the
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depreciated value of
said pole; if a pole
t hat is t o b e
purchased is older
than 30 years, then
the rate to be
charged is set at
$50.00 per pole
Subsec. 16 - Unauthorized occupancy or access
Three times the
annual attachment
fee, per occurrence;
if licensee fails to
pay such fee within
30 calendar days of
r e c e i v i n g
Subsec. (a) - Penalty fee notification thereof,
DED has the right to
remove such
attachments at
licensee's expense,
unless such fee is
disputed in good
faith
$8.17 per attachment;
plus estimated
Subsec. 17 - Advance payment
make-ready work
expenses
Fees and Fines
232 Chapter 110 - Utilities, Article II - Electric Service
233 Sec. 110-33 - Charge for discontinuing or restoring electric service
No charge for
discontinuing or
restoring electric
service for
maintenance
purposes if done
Subsec. (a) - Maintenance and repair
between 7:00 a.m.
and 5:00 p.m.;
$100.00 for all
service calls
between 5:00 p.m.
and 7:00 a.m.
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There will be a
service charge of
$50.00 paid prior
to turning on any
s e r v i c e
discontinued for
nonpayment
between 7:00 a.m.
and 5:00 p.m.
Subsec. (b) - Nonpayment
There will be a
service charge of
$100.00 paid prior
to turning on any
s e r v i c e
discontinued for
nonpayment
between 5:00 p.m.
and 7:00 a.m.
Fees and Fines
234 Chapter 110 - Utilities, Article III - Water Service, Division 6 - Rates, Charges and Billing Procedures
235 Sec. 110-191 - Water use fees generally
A penalty of 1½
percent or $1.00,
whichever is
greater, per month
shall be added to all
water service fees
Subsec. (b) - Penalty
which shall be in
arrears for a period
in excess of 30 days
after the date of
rendering the water
service bill
236 Sec. 110-192 - Charge for discontinuing or restoring water service
No charge for
turning on or off any
service for
maintenance
purposes if done
Subsec. (a) - Maintenance and repair
during normal
working hours
between 7:00 a.m.
and 5:00 p.m.;
$50.00 100.00 for
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all service calls
after normal
working hours
between 5:00 p.m.
and 7:00 a.m.
There will be a
service charge of
$50.00 paid,
together with all
current and overdue
charges, prior to
turning on any
service discontinued
for nonpayment
between 7:00 a.m.
and 5:00 p.m.
Subsec. (b) - Nonpayment
There will be a
service charge of
$100.00 paid,
together with all
current and
overdue charges,
prior to turning on
any service
discontinued for
nonpayment
between 5:00 p.m.
and 7:00 a.m.
Fees and Fines
237 Chapter 110 - Utilities, Article III - Water Service, Division 7 - Water Impact Fees
238 Sec. 110-208 - Water impact fee established; payment, credits
Subsec. (c) - Fee and applicability
(1) - Applicable building permit before February 1, 2008. A
buyer independent of the seller may submit a sales contract
executed prior to February 1, 2008 to the city manager for No fee
consideration in lieu of a building permit issued before
February 1, 2008
(1) - Building permit and certificate of occupancy is issued
$700.00
on or after February 1, 2008
(2) - Certificate of occupancy issued after February 1, 2009 $1,400.00
(3) - Certificate of occupancy is issued after February 1, 2010 $2,100.00
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Fees and Fines
239 Chapter 110 - Utilities, Article IV - Sewer Service, Division 1 - Generally
240 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued,
241 shall be automatically doubled in amount.
242 Sec. 110-240 - Violations
Not less than $25.00
Subsec. (c) - Payment of cost nor more than
$1,000.00
Fees and Fines
243 Chapter 114 - Vegetation, Article II - Weeds
244 Every day that a violation of section 114-32 continues shall be considered a separate offense, for
245 which the violator may be tried and convicted without necessity of further notice. Fines not paid
246 within 14 days of the day the fine was issued, including the day the fine was issued, shall be
247 automatically doubled in amount.
248 Sec. 114-33 - Failure to maintain proper height; abatement by city; costs and lien.
$50.00 per hour for
such work that must
be done to render
Subsec. (a) - Summons; action by city
the property in
compliance with this
article
249 Sec. 114-34 - Fines
In addi tion to
charges or
assessments
imposed, a fine of
not less than $25.00,
Subsec. (a) - Generally nor more than
$100.00 in
accordance with
minimum fine
schedule in subsec.
(c)(1)
250 In determining the applicable minimum fine, an offense shall be considered a recurring offense only
251 if the defendant has previously pleaded, or been found guilty of causing or permitting the same
252 nuisance at the same location within the past 18 months, or for every day that the violation of
253 section 114-32 continues as per subsection (b) of this section.
Subsec. (c)(1) - Minimums - Any fine assessed pursuant to subsection (a) of this section shall
be no less than the following minimum:
First offense $25.00
Second offense $50.00
Third and subsequent offenses $100.00
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Fees and Fines
254 Chapter 118 - Vehicles for hire, Article II - Taxicabs, Division 2 - Operator's Permit
255 Sec. 118-54 - Fee
Taxicab operator's permit $5.00
Fees and Fines
256 Appendix A - Subdivisions, Article IV - Subdivision - Procedure
Subsec. A.2. - Preapplication; filing fee $200.00
Subsec. B.2. - Preliminary layout; filing fee $325.00
$150.00 200.00,
plus $65.00
85.00 per acre
for the first ten
acres, $40.00
60.00 per acre
Subsec. C.3. - Plat; review fee
for the next ten
acres and $25.00
45.00 per acre
for each acre
thereafter
Plats for minor
l o t l i n e
adjustments
Subsec. C.3. - Plat; review fee - minor lot line adjustment
shall require a
review fee of
$100.00 150.00
Plats for minor
subdivisions
shall require a
Subsec. C.3. - Plat; review fee - minor subdivision review fee of
$100.00 150.00
plus $15.00 per
lot
Fees and Fines
257 Appendix B - Zoning, Article 3 - District Regulations
258 Sec. 24 - Planned neighborhood design option (PND)
Subsec. 24.2 - Review process - General sketch plan review fee, each
$100.00
application
Subsec. 24.8 - Conditional use plan approval
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$200.00, plus
Subsec. 24.81 - Plan approval fee, each application
$10.00 per acre
Subsec. 24.9 - Site development preliminary subdivision plan review
Subsec. 24.91 - Preliminary plan approval fee; each $325.00, plus
application $20.00 per acre
Subsec. 24.10 - Final subdivision plat approval
Subsec. 24.101 - Final subdivision plat approval; each
$250.00
application
259 Sec. 28 - Traditional Neighborhood Design Zone (TND)
Subsec. 28.4 - Procedure; application for rezoning of a land area to a TND zone
Subsec. 28.411 - Minimum fee; each rezoning petition $325.00
Subsec. 28.422 - Implementation plan approval; each $325.00, plus
application $10.00 per acre
Subsec. 28.434 - Site development plan or subdivision plat;
$250.00
each application
Fees and Fines
260 Appendix B - Zoning, Article 5 - Supplementary Regulations
261 Section 4 - Supplementary sign regulations
Subsec. 4.8 - Unified campuses and complexes
$200.00, due at
Subsec. D.4. - Submission requirements; application fee t i m e o f
application
Subsec. 4.9 - Supplementary sign provisions
Subsec. D.1. - Temporary signs; permit $15.00 50.00
Fees and Fines
262 Appendix B - Zoning, Article 6 - Off-street Parking, Driveways and Loading Facilities
263 Sec. 5 - Supplementary Regulations for Parking and Loading Facilities
Subsec. 5.5 - Parking for Motorsports Racing
Subsec. 5.52 - Recreational vehicle parking
1-5 Recreational vehicles No fee
6 - 25 Recreational vehicles $25.00
26-50 Recreational vehicles $50.00
51 - 100 Recreational vehicles $100.00
>100 Recreational vehicles $150.00
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Fees and Fines
264 Appendix B - Zoning, Article 8 - Enforcement and Penalties
265 Sec. 2 - Certificates of occupancy
Subsec 2.4 - Every application for a certificate of occupancy or a temporary certificate
of occupancy shall be accompanied by a fee:
Certificate of occupancy for All properties zoned $40.00 60.00
single-family one-family residential uses.....
Temporary certificate of occupancy for one-family $75.00 for a
residential uses maximum of 45
days . Fee
applies for any
extensions
beyond 45 days
Certificate of occupancy for uses All other property in $40.00 75.00 for
other zoning classifications, other than single-family one- the first 20,000
family residential uses ..... square feet of
building area,
plus the sum of
$10.00 15.00 for
each additional
10,000 square
feet of building
area in excess of
the first 20,000
square feet or
multiple thereof
Temporary certificate of occupancy for uses other than $100.00 for a
one-family residential uses maximum of 45
d ays. Fee
applies for any
extensions
beyond 45 days
Fees and Fines
266 Appendix B - Zoning - Article 9 - Board of Adjustment
267 Sec. 3 - Procedure
Subsec. 3.5 4 - All variance requests and appeals from an order, requirement, decision or
determination made by an administrative official, board or agency of the city shall be
accompanied by a fee
All variance requests for residential uses $200.00 300.00
All variance requests for nonresidential uses $300.00 600.00
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All appeals from an order, requirement, decision or
determination made by an administrative official, board or
agency of the city
The board of adjustment may, in its discretion, return to the
268 $200.00 300.00
applicant part or all of the fee paid by him in the event that
his appeal under section 2.1 (interpretation) hereof is
partially or wholly successful. The fees filed in connection
with applications under section 2.2 (variances) shall not be
returnable, regardless of disposition of the case by the board
Fees and Fines
269 Appendix B - Zoning - Article 10 - Planning Commission
270 Sec. 1 - Approval of conditional uses
$325.00 425.00,
plus $15.00 25.00
Subsec. 1.52 - Application procedure; Conditional use permit; each per acre of the
application area or multiple
thereof involved
in the application
271 Sec. 2 - Site development plan approval
Subsec. 2.42 - Fees - Application for administrative site plans $125.00 300.00
$325.00 425.00
Subsec. 2.43 - Fees - Application for site development plan approval plus $25 per
acre
272 Sec. 3 - Historic district commission and architectural review
Subsec. 3.26 - Procedures for an architectural review by the historic district commission
or planning commission
Subsec. (b) Application and fee for an architectural review
$250.00
certificate
273 Sec. 5 - Amendments
Subsec. 5.32 - Application. Each application for a zoning map amendment:
Minimum fee, in addition to required district supplemental
$325.00 425.00
fee
Residential and single-family One-family residence zones
$10.00 25.00 per
(R-7, R-8, R-10, R-15, and R-20); supplemental fee, per
acre
acre
General residence zones, Medium density residence zones,
and Mobile home park zones Multifamily (RG-0, RG-1, $30.00 50.00 per
RG-2, RG-3, RG-4, RG-5, RM-1, RM-2, and MHP) cluster; acre
supplemental fee, per acre
Commercial and institutional office (C-1, C-1A, C-2, C-2A, $50.00 70.00 per
C-3, C-4, CPO, RC and IO); supplemental fee, per acre acre
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Shopping center development (SC-1, SC-2 and SC-3); $60.00 75.00 per
supplemental fee, per acre acre
Manufacturing and industrial development Industrial $60.00 75.00 per
zones (M, and IPM, and IPM2); supplemental fee, per acre acre
274 ADOPTED: *
275 S:\ORDINANCES\2015\DRAFT\ORDINANCE #2015-22 REVIEW & MAINTENANCE-PLANNING & CUSTOMER SERVICE FEES\ORDINANCE #2015-22 REVIEW AND MAINTENANCE-PLANNING
276 & CUSTOMER SERVICE FEES-Rev 2-First Reading.wpd
277 SYNOPSIS
278 The amendment codifies the maintenance of fees approved by City Council. Appendix F -
279 Fees and Fines has also been reformatted for ease of use.
280 (SPONSORS: LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
281 Actions History
282 11/23/2015 - Scheduled for Introduction at the City Council meeting