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REGULAR COUNCIL MEETING
AGENDA
MAY 26, 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 BISHOP THOMAS L. HOLSEY
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HARE
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON-
CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) AND WILL BE ACTED UPON BY A SINGLE
ROLL CALL VOTE OF THE COUNCIL. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS A MEMBER OF COUNCIL SO REQUESTS, IN WHICH EVENT THE MATTER SHALL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE ITEM.
* 1. ADOPTION OF MINUTES
A. SPECIAL COUNCIL MEETING OF MAY 4, 2015
B. ANNUAL COUNCIL MEETING OF MAY 11, 2015
2. PROCLAMATION - NEUROSCIENCE NURSES WEEK
3. WAIVER REQUEST FOR LENGTH OF DEAD-END STREET (CUL-DE-SAC) AND ABANDONMENT
OF RECORDED RIGHT-OF-WAY - NORTHGATE CENTER
(PLANNING COMMISSION RECOMMENDED APPROVAL OF THE SUBDIVISION WAIVER OF THE
MAXIMUM LENGTH OF A DEAD-END STREET ASSOCIATED WITH NORTHGATE CENTER PARCEL
CONSOLIDATION PLAN AND RIGHT-OF-WAY ABANDONMENT)
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COUNCIL AGENDA - MAY 26, 2015 PAGE 2
4. PUBLIC HEARINGS - VIOLATIONS OF THE DANGEROUS BUILDING ORDINANCE
(STAFF RECOMMENDS: 1) DECLARING THESE BUILDINGS AND ALL ACCESSORY STRUCTURES ON
THE PROPERTY DANGEROUS; 2) ORDERING THE PROPERTIES REPAIRED OR DEMOLISHED BY
JUNE 26, 2015 BY THE OWNER OR EQUITY OWNER AT THEIR OWN RISK; 3) ORDERING THE
BUILDING INSPECTOR TO CAUSE THE REPAIR OR DEMOLITION OF THE STRUCTURES IF NOT
COMPLETED BY THE OWNER WITHIN 10 DAYS OF THE DATE ESTABLISHED BY CITY COUNCIL; 4)
ORDERING THE CITY MANAGER WITH THE ASSISTANCE OF THE CITY SOLICITOR TO CAUSE THE
COST OF REPAIRS OR 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.)
A. PROPERTY LOCATED AT 742 SLAUGHTER STREET, OWNED BY JOE BURDEN, JR.
B. PROPERTY LOCATED 222 REED STREET, OWNED BY UNION AME CHURCH
* 5. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MAY 11, 2015
A. PROPOSED ORDINANCE #2015-09 AMENDING CHAPTER 62 - LAW ENFORCEMENT,
ARTICLE II - POLICE DEPARTMENT, CHAPTER 106 - TRAFFIC AND VEHICLES, ARTICLE
III - STOPPING, STANDING AND PARKING, DIVISION 2 - METERED PARKING, AND
APPENDIX F - FEES AND FINES (SEE ITEM #13-A)
(COMMITTEE RECOMMENDED ADOPTION OF ORDINANCE #2015-09)
B. THIRD BUDGET AMENDMENT - RATE STABILIZATION FUND
(COMMITTEE RECOMMENDED APPROVAL OF THE PROPOSED THIRD AMENDMENT TO
THE BUDGET ORDINANCE)
C. EVALUATION OF PROPOSAL - INVESTMENT BANKING CUSTODY SERVICES
(COMMITTEE RECOMMENDED AWARDING THE INVESTMENT CUSTODY SERVICES TO
WILMINGTON TRUST FOR A THREE (3) YEAR PERIOD TO START THE DATE OF CONTRACT AND
MAY BE RENEWED OR EXTENDED FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS BY
MUTUAL CONSENT AND APPROVAL OF CITY COUNCIL)
* 6. REVENUE REPORT AS OF APRIL 2015
7. SETTING OF PUBLIC HEARING - ELECTRIC FUND BUDGET
(STAFF RECOMMENDS THAT A PUBLIC HEARING BE SET FOR JUNE 8, 2015 AT 7:30 P.M.)
* 8. 2015/16 COMMITTEE APPOINTMENTS - COUNCIL PRESIDENT (DEFERRED DURING THE
ANNUAL MEETING OF MAY 11, 2015)
A. CITY CHAPLAINS
B. CIVILIAN PENSION PLAN - BOARD OF TRUSTEES
C. COMPENSATION COMMISSION
D. CONSTRUCTION CODE APPEALS COMMITTEE
E. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
F. OTHER POST-EMPLOYMENT BENEFITS (OPEB) TRUST FUND BOARD
G. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
H. POLICE PENSION PLAN - RETIREMENT COMMITTEE
I. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
J. UTILITY COMMITTEE
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COUNCIL AGENDA - MAY 26, 2015 PAGE 3
* 9. 2015/16 MISCELLANEOUS APPOINTMENTS - COUNCIL PRESIDENT (DEFERRED DURING THE
ANNUAL MEETING OF MAY 11, 2015)
A. CENTRAL DELAWARE CHAMBER OF COMMERCE - LIAISON MEMBER
B. CITY/COUNTY COMMITTEE (LIAISON TO KENT COUNTY)
C. KENT COUNTY TOURISM BOARD OF DIRECTORS - VOTING LIAISON MEMBER
D. KENT ECONOMIC PARTNERSHIP BOARD OF DIRECTORS - VOTING LIAISON MEMBER
* 10. APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT SLAVIN (DEFERRED DURING THE
ANNUAL MEETING OF MAY 11, 2015)
A. PRESIDENT’S COUNSEL ON PUBLIC/PRIVATE PARTNERSHIPS AND THE FUTURE OF CITY
HALL, WEYANDT HALL, FORMER DOVER LIBRARY, AND OTHER CITY PROPERTIES
(COUNCIL PRESIDENT SLAVIN REQUESTS THAT THE RESIDENT MEMBERSHIP BE INCREASED BY
ONE MEMBER)
A-1. JAMES L. HUTCHISON, SR. (CHAIR)
A-2. DAVID L. ANDERSON
A-3. FRED A. NEIL
A-4. KENNETH CLENDANIEL
A-5. JOSEPH MCDANIEL
A-6. KEVIN MITTEN
A-7. ADAM PERZA
A-8. SCOTT KOENIG
A-9. DONNA MITCHELL
* 11. 2015/16 COMMITTEE APPOINTMENTS - MAYOR (DEFERRED DURING THE ANNUAL MEETING
OF MAY 11, 2015)
A. COMPENSATION COMMISSION
B. DOWNTOWN DOVER PARTNERSHIP BOARD OF DIRECTORS
C. PROPERTY MAINTENANCE BOARD OF APPEALS
* 12. REAPPOINTMENTS - RECOMMENDED BY MAYOR CHRISTIANSEN
A. PLANNING COMMISSION - THREE (3) YEAR TERMS TO EXPIRE JUNE 1, 2018
A-1. MICHAEL J. AMBRUSO, SR. - SECOND DISTRICT
A-2. THOMAS HOLT - SECOND DISTRICT
A-3. DEAN HOLDEN - THIRD DISTRICT
13. FIRST READING - PROPOSED ORDINANCE #2015-09, WITH STAFF AMENDMENT #1 (SA#1)
THE FIRST READING IS OFFERED ON THE FOLLOWING PROPOSED ORDINANCE. FINAL
ACTION BY COUNCIL WILL TAKE PLACE DURING THE SECOND READING OF THE
ORDINANCE ON JUNE 8, 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. #2015-09, WITH STAFF AMENDMENT #1 (SA#1), AMENDING CHAPTER 62 - LAW
ENFORCEMENT, ARTICLE II - POLICE DEPARTMENT, CHAPTER 106 - TRAFFIC AND
VEHICLES, ARTICLE III - STOPPING, STANDING AND PARKING, DIVISION 2 - METERED
PARKING, AND APPENDIX F - FEES AND FINES
(LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
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COUNCIL AGENDA - MAY 26, 2015 PAGE 4
14. FINAL READING - PROPOSED ORDINANCE #2015-07
THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE
COUNCIL MEETING OF MAY 11, 2015. COPIES OF THE PROPOSED ORDINANCES ARE
AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS.
A. PROPOSED ORDINANCE #2015-07 AMENDING CHAPTER 46 - FIRE PREVENTION AND
PROTECTION, ARTICLE IV - PUBLIC OCCUPANCIES, SECTION 46-162 - SPRINKLER
REQUIREMENTS AND SECTION 46-171 - FIRE ALARM IN PLACE OF ASSEMBLY
15. COUNCIL MEMBERS’ ANNOUNCEMENTS
/TM
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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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SPECIAL COUNCIL MEETING
A Special Council Meeting was held on May 4, 2015 at 6:00 p.m. with Council President Bonar
presiding. Members present were Mr. Anderson, Mr. Dixon, Mr. Slavin, Mr. Hare, and
Mr. Hutchison. Mr. Perza and Mrs. Williams were absent.
Council staff members present were Deputy Police Chief Mailey, Mr. Koenig, Mrs. Townshend,
Mr. Rodriguez, and Mrs. McDowell. Mayor Christiansen and Councilmen-Elect Cole, Lewis, and
Neil were also present.
The invocation was given by Reverend Theodore Henderson, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Slavin moved for approval of the agenda as presented, seconded by Mr. Hare and
unanimously carried.
OATH OF OFFICE
The Honorable William L. Witham, Jr., Resident Judge - Superior Court, administered the Oath of
Office, as follows:
Council - Third District - Fred A. Neil
By unanimous consent, there was a brief recess to take photographs of Councilman Neil.
Meeting recessed at 6:06 p.m. and reconvened at 6:08 p.m.
Council President Bonar welcomed Councilman Neil to the Chamber, stating that his service would
be different than it was in Baltimore when serving as Mayor William Donald Schaefer’s press aide.
He stated that he was very proud of Mr. Neil, noting that Mr. Neil had worked very had for his
community and for people in the Third District. From his personal experience with Mr. Neil,
Mr. Bonar stated that he is dedicated, tenacious, and the type who gets the job done.
COUNCIL PRESIDENT CANDIDATES - OPENING STATEMENTS
Council President Bonar stated that, unless Council decides otherwise, this evening’s meeting would
be the only opportunity for members interested in serving as Council President for 2015/16 to make
comments and present their case.
Mr. Slavin stated that he would like to be considered as Council President and offered the following
statement:
I just have a brief statement, and I want to thank you all very much for this
consideration. By way of introduction and by way of background, many of you know
I've been on Council on two separate occasions, first from 2004 through 2010, and
most recently from 2013 to the present. In both of my times on Council, I've been
a member of the Legislative, Finance, and Administration Committee and chaired
that Committee on two separate occasions, as well as held other committees.
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SPECIAL COUNCIL MEETING OF MAY4, 2015 PAGE 2
I see the role of Council President as essentially a simple one, and I don't want to
misconstrue it. The Council President has to chair the meeting, to serve as the
Vice-Mayor, to assist in setting the agenda for the meetings, to help to obtain the
consensus of fellow Council members, and to speak on your behalf when asked.
That's it. The Council President is not to be misconstrued as the president of the
City, nor as being in charge of City Council. In my opinion, the Council President
is but one co-equal voice among the nine voices we have here on Council. We all
know that we have challenges that we face in the coming year. Yes, we will have a
budget challenge, but here's my somewhat simplistic view: Every Council in the
history of the City has dealt with a budget. We will deal with it and I'm confident,
with the team that we've assembled, that we'll get through it. Those challenges we
have are surely significant, but we should not shut down creativity. We should
continue to listen to our constituents, our businesses, our staff, and each other on
ideas on how we can improve our City, how we can move forward.
Some of my ideas, and just my ideas, for the coming year would be to convene a
workshop for all of you to gather your ideas for our coming year. Our legislative year
is May through April. We used to do something similar in the past, and I'd like us
to revisit that. I value your input on this and I look forward to hearing your ideas. I
believe, again my opinion, that we need to address the cost of electricity to
businesses. We have some of the highest costs for electricity in this State for
businesses, and this makes it very difficult to build our job space here. We need to
bring an equitable solution for consideration. This is something that is limiting our
ability to hold and to attract jobs.
We have some unfinished business from the last term in completing financial reforms
that were proposed. There were 14 financial reforms that I had proposed and, with
your help, we were able to get through, I believe, nine of them. We have some
additional ones we need to make a decision, up or down about, and see where we
want to go with that. We've had some tumult over the role of the Mayor, and some
of the concerns. What I would propose is maybe we consider a recall provision in
our City charter for members of Council, as well as the Mayor. I think this would
ameliorate some of the concerns we had about problems we had in the previous
administration. It's not directed at any one person; it's just another tool that we can
look at.
We should also consider the tool of referendum to gauge public interest. I believe
the last time this City went out to a non-binding referendum was more than 10 years
ago, and I think it's a useful tool to go out and ask our citizens what they think. We
need to continue to strengthen our resolve on public safety. This heroin epidemic is
not going away, and the example I'll use is from the town that I was born in and lived
up through about age 18: Trenton, New Jersey. The heroin epidemic came there and
hit hard. The city did not respond, in my opinion, in an adequate way, and if you've
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SPECIAL COUNCIL MEETING OF MAY4, 2015 PAGE 3
watched what happened there in the last five years, that city has had a complete
collapse of its infrastructure. Its citizenry has left, its businesses have left, and it's
just a series of crime-ridden neighborhoods at this time.
Finally, I think we just talk less and listen more: A simple solution. We have a
Youth Advisory Committee, which, Mr. Anderson, thank you very much for
restarting. Councilman-Elect Cole has mentioned the Services to Seniors Committee
as something that could be re-enacted on an ad hoc basis. We can strengthen our
relationships Levy Court and the School Districts. Let's all just be careful that we
don't become too insular, and we keep looking out and listening to people in the
community. In the end, the Council President doesn't set the agenda, we all do. The
Council President doesn't define the vision for the City, we all do. The Council
President, as I said, is not the president of the City. He or she is simply one person
entrusted by his or her peers to enable that discussion, and I would be honored to
serve in that role and I hope I can earn your vote. Thank you very much.
Mr. Anderson indicated his interest in being Council President and offered the following statement:
Thank you, Mr. President. First of all, I want to say thank you to Mr. Slavin for his
remarks. He's a fine gentleman and someone I have the utmost respect for, and I
think he's definitely earned that respect. Regardless of how this election turns out,
if he wins, I'd be proud to serve with him. If he doesn't, I'd be proud to make sure he
is part of the team, because there's no one I have more respect for.
I have some ideas that I would like to share with you. At this current time, our City
is facing many challenges, and those challenges I believe are based in communication
with the citizenry. We used to at one point have more communication with the
citizens, but we've cut out some of the methods that we used to give those
communications. We used to communicate with the citizens in getting information
out with a newsletter that we used to send out. I've heard people say, "Where is that?
Why don't we do that anymore?" And we have other concerns. We used to put in
what our objectives are, survey the citizens. We used to have input from the citizens
about the job performance, about how the City is accomplishing its vision. We don't
do that anymore. I certainly agree with Councilman Slavin that referendum is a good
thing, but to know what the citizens think, we don't necessarily need to spend that
amount of money all the time. I think if people want it for certain key issues, I'm all
for it. A constant pipeline of communication is something we need to open. We
have that to a large degree, but perception is reality, and when people feel like we're
not communicating to them and we're not hearing back from them, there's a problem.
We used to do some different things that attempted to foster information. We used
to pick a big issue every quarter. I'm not saying we need to do it every quarter, to
communicate with a big issue in a town hall, we found out we didn't need it all the
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SPECIAL COUNCIL MEETING OF MAY4, 2015 PAGE 4
time, because of the fifteen minutes, but then we discovered that we could do it well
with covering a big issue, like things with economic development or crime. Those
issues are issues people want to speak about today. I think that we should schedule,
at least once a year, one of those town hall meetings, not necessarily quarterly, but
where we take a big issue and say, "Okay, citizens. What do you think are solutions
to crime? What do you want to hear? We're bringing the experts from the different
departments on how it's being dealt with." We would have large public input, get
concerns, and get a lot of ideas back if people know that we care. I think it will make
these people of the City happier, because they will know that their leadership is
engaged. I think we need to interact more with some of the institutions that we have.
We have a great public relations operation. We need to, as Councilmen, interact more
with that to ensure that we're utilizing the Facebook page to get some polling, to get
interaction, so that it becomes a two-way communication. We need the City to start
operating as a 21st-century city that is connected with the citizens, and that
connection would help us as Council people to better serve the people. By serving
the people better, of course, it has the side benefit of making our streets safer. One
of the things that a Council President can do is to ensure that the people feel the
doors of communication are open. We need to make sure they're open, not just to
people who feel comfortable to stand up to lecture and speak their mind, but we also
need to be willing to hear the quiet people – people who at the thought of that are
terrified because they imagine everybody in the City, if they say something silly, is
thinking that they're stupid, and it absolutely terrifies them.
These people, many of them have great ideas, and we need to make sure that they
know they can be heard so that we're listening to the full spectrum of people. That's
why we need to go back and start, once again, taking and doing evaluations so that
the people can evaluate how the services are being done in the City. How the streets
are, how safe they feel in the City, how the jobs environment is in the City, the rent
environment, the cost to live. Just give us all the information that we need, that we
can compile. How are we doing as a City? Are we living up to our motto? Once that
happens, it's going to provide us more information because everyone here is
confident, everyone here is intelligent, and everyone here is a leader. The more
information we have, the better.
I believe if I have the privilege this year to be Council President, we will have
something important. I want to have a humble leadership that recognizes the
greatness that is within each of you, that recognizes that everyone here is an elected
leader, and everyone here has something to benefit so that your concerns are heard.
Not every idea you have is going to pass, and that's okay. Sometimes it may not even
get out of committee.
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SPECIAL COUNCIL MEETING OF MAY4, 2015 PAGE 5
If we don't start having those ideas brought where people in the public know that
there's a variety of ideas that are percolating, that are being brought forward, then we
lose something. We may need to find ways so that committee meetings are more
available to the public. That's something we may need to investigate. We need
people understanding that there's a variety of ideas, that a variety of voices are being
heard, that when they vote for someone it counts, because each and every person's
voice matters.
I believe that we need to also focus on addressing our priorities. Each year, I believe
we need to set the priorities that we want to address for the City. I personally have
four, but each of us has some that we need to talk about. My four are basically public
safety, the infrastructure, the fiscal integrity of the City, and economic development
and jobs. Those are basically the four that I see as important. Maybe different
people have different ones, but we need to set all of our priorities at the beginning of
each calendar year so that when we build the budget, the budget reflects our
priorities. We shouldn't be trying to come up with the priorities after we set our
budget.
Our budget needs to reflect what's important to us. I think that's something we need
to restore. If we do that, I believe people will understand over the course of time why
we're making decisions and the rationale of the decisions, whether or not we
particularly agree with them all the time.
If we communicate to the people, the people will respect the decisions we make
because they will know that they are thoughtful decisions. They will know that they
are rational decisions, and they will know that they are decisions based upon the best
information available at the time. Then when there are certain decisions that come
about that we can't explain to people because of litigation or legal matters, people
will trust us, because they will say, "I know how these guys operate, and if they say
that it had to be done that way, it's because they took all the information into account,
and I have faith in them because that's how I see they operate." That's what we need
to do as the Council, I believe.
I believe that we need to take a good servant’s heart to the people so they can see that
we're listening to them, that we care about them, and that we cared about the lives of
them and their children being better than before we came to this office. We may not
fix all the problems, but we can make it better, and if each of us does that in each
term of office, this will be the best City that it can be, and it will be a jewel for this
State.
I have many other ideas and I would start boring you if I went through all of them.
and I'm afraid to do that because that's a way to start losing votes. There are many
ways to open up citizen involvement, communication, bringing new people into the
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SPECIAL COUNCIL MEETING OF MAY4, 2015 PAGE 6
process to serve on committees – there are going to be slots opened – and truly
gearing up citizen involvement. If you want to hold a coffee or town hall meeting in
your district, I'd be glad to even help you with that. Many of you do it yourself, you
are old pros, but some people are newer.
If you want professional development for newer Council people, because there's a lot
of people with questions about how things work and best procedures, I’d be glad to
work with the League of Local Governments to bring that right here, so that it fits in
your schedule, and have that professional development right here to get those best
practices, and get that information, so that we can serve the City the best we can.
Thank you.
Council President Bonar asked if there was anyone else present who would like to express interest
in being a candidate for Council President. There was no one present wishing to speak.
COUNCIL PRESIDENT CANDIDATES - QUESTIONS AND ANSWERS
There was no one present wishing to ask questions of the candidates for Council President.
Council President Bonar thanked Mr. Slavin and Mr. Anderson for expressing their interest in the
Council presidency. Noting that Councilmen-Elect Brian Lewis and Scott Cole were in attendance,
Mr. Bonar stated that any Council member could be nominated for Council President during the
Annual City Council Meeting scheduled for May 11, 2015.
Council President Bonar expressed his thanks to those with whom he had served over the last several
years. He stated that his role at the Annual Council Meeting would be very limited as the Mayor
would preside, new members would be sworn in, and outgoing members would receive their Dover
Cups and keys to the City when departing. Mr. Bonar advised members that they would have a
daunting challenge over the next year. They would have a budget deficit of several million dollars,
like the City had never seen before. There would be an unfunded pension liability somewhere in the
neighborhood of $130M that they would have to find a way to overcome. They would have to make
a decision within the next year or two (2) whether or not to stay in the power business or rebuild the
generators at McKee Run, which would be another $170M or so. Mr. Bonar stated that the City’s
electric system is very expensive for commercial and industrial customers, and he felt that this must
be addressed if the community is to stay healthy and vibrant.
Mr. Bonar stated that he when he ran for Council President, he said that he would give everyone a
right to completely air their views and speak their piece on any topic on the agenda. He had said that
the one (1) important factor on this Council is that when their business is finished, members are,
above all else, residents in the City and friends. Members may agree or not agree, but they would
still walk out of the Chamber as friends, and there would be no room for animosity, tempers, or
personal agendas in this Council Chamber. Mr. Bonar stated that he was quite proud to say that he
thought he could leave this position having fostered that type of relationship, and expressed his hope
that this would continue.
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SPECIAL COUNCIL MEETING OF MAY4, 2015 PAGE 7
Council President Bonar advised members that there are four (4) women working in the City that
on whom Council depends on a day-to-day basis. He stated that the City Clerk’s Office does a
wonderful job. He noted that he did not want to diminish any of the other departments in the City
but stated that the City Clerk’s Office keeps Council from stepping where they should not step. He
advised members to pay attention to what they say because they are very good at what they do, and
they had been an absolute joy for him to work with.
By unanimous consent, the meeting adjourned at 6:31 p.m.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of
May 4, 2015 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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ANNUAL COUNCIL MEETING
The Annual Council Meeting was held on May 11, 2015 at 7:30 p.m. with Mayor Christiansen
presiding. Council members present were Council President Bonar, Mr. Anderson, Mr. Dixon,
Mr. Perza, Mr. Slavin, Mrs. Williams, Mr. Hare, and Mr. Hutchison.
Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mrs. Townshend, 2nd Line
Fire Captain Kelly, Mr. Koenig, City Solicitor Rodriguez, and Mrs. McDowell.
The invocation was given by Father James Lentine.
The colors were presented by the Dover Air Force Base Honor Guard, followed by the Pledge of
Allegiance.
Mayor Christiansen recognized former City Councilmen Reuben Salters and Kenneth Hogan, as well
as Kent County Levy Court Commissioner Allen Angel, State Senator Brian Bushweller, State
Representative Sean Lynn, and former State Representative Nancy Wagner, who were all in
attendance.
AGENDA ADDITIONS/DELETIONS
Mayor Christiansen requested that the agenda be amended to combine the City of Dover
presentations and State of Delaware tributes for outgoing members of Council. Mr. Hutchison
moved to approve the agenda as amended, seconded by Mr. Slavin and unanimously carried.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF APRIL 27, 2015
The revised minutes of the Special Council Meeting of April 27, 2015 were unanimously
approved by motion of Mr. Slavin, seconded by Mrs. Williams and bore the written approval
of Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 27, 2015
The minutes of the Regular Council meeting of April 27, 2015 were unanimously approved by
motion of Mr. Hare, seconded by Mr. Hutchison and bore the written approval of
Mayor Christiansen.
LETTER OF SUPPORT FOR DOWNTOWN DEVELOPMENT DISTRICT PROGRAM
Members were provided a letter of support to the General Assembly requesting their support of the
Downtown Development District Program to ensure that meaningful funding is committed to the
program in Fiscal Year 2016.
Mr. Hare moved for approval of the letter of support, seconded by Mr. Hutchison and
unanimously carried.
PROPOSED RESOLUTION NO. 2015-04 AND STATE OF DELAWARE TRIBUTE -
DAVID L. BONAR
The City Clerk read the following Resolution into the record:
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 2
WHEREAS, David L. Bonar was sworn into office as Councilman of the Second District on
May 10, 1982 and served with distinction until February 28, 1983, and was sworn into office as
Councilman of the Third District on May 10, 2010 and served with distinction until May 11, 2015;
and
WHEREAS, during his many years of service to the citizens of Dover, David L. Bonar served as
Council President and Vice-Mayor and as Mayor from April 28, 2014 through May 12, 2014. He
served as Chair of the Parks, Recreation, and Community Enhancement Committee; Utility
Committee; Ad-Hoc Committee to Meet with State Legislators, the Bond Bill Committee, and the
Governor Regarding the Reallocation of State Bond Funds; and Civilian Pension Board; and as a
member of the Parks, Playgrounds, and Trees Committee; Safety Advisory Committee; Safety
Advisory and Transportation Committee; Wage, Hours, and Legislative Committee; Downtown
Dover Partnership Board of Directors; Fourth of July Celebration Committee; Police Pension Board;
and as a liaison to Kent County on the City/County Committee; and
WHEREAS, during his tenure, David L. Bonar was an ardent supporter of the development of the
Garrison Oak Technology Park, a 389-acre complex which is now home to the Dover Sun Park, one
of the largest solar projects in the northeastern United States, as well as the Garrison Energy Center,
one of the cleanest and most efficient and reliable energy-producing facilities in the mid-Atlantic
region. The Garrison Oak Technology Park has created the potential for thousands of jobs and
millions of dollars in future economic impact to central Delaware; and
WHEREAS, David L. Bonar’s ability to engage with business, community, and government leaders
as an articulate and enthusiastic advocate for the City greatly benefitted the citizens of Dover. His
broad experience and steady, focused, and decisive leadership garnered the respect of his colleagues
and greatly contributed to Council’s ability to reach consensus and attain its goals.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize that
David L. Bonar will be sorely missed and express their sincere appreciation to him and his family
for the dedicated years of service and personal sacrifices made on behalf of the City of Dover, and
wish him and his family success in all future endeavors.
BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk to make this
resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation
and gratitude to David L. Bonar.
Mr. Hare moved for adoption of Resolution No. 2015-04, seconded by Mr. Neil and
unanimously carried.
Representative Sean Lynn presented a tribute to Councilman Bonar on behalf of the House of
Representatives. Representative Lynn stated that the House of Representatives recognized
Mr. Bonar’s outstanding dedication and commitment to serving the citizens of Dover, commended
his remarkable contributions, and extended its sincere appreciation.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 3
Mayor Christiansen and members of Council presented Council President Bonar with the Resolution,
a gavel, a Dover Cup, and a key to the City.
Council President Bonar thanked his wife, stating that she had put up with a lot of things over the
last several years, noting that Council service is a unique but time-consuming experience. He
cautioned those who would be taking office to keep in mind every time a vote is taken that what is
done on the Council floor affects not only the citizens of Dover but citizens throughout the State of
Delaware. Council President Bonar stated that it had been a distinct honor to be part of the public
political process in the City, working with friends, colleagues, and former compatriots from a variety
of standpoints, and expressed thanks from the bottom of his heart.
PROPOSED RESOLUTION NO. 2015-05 AND STATE OF DELAWARE TRIBUTE -
WALLACE R. DIXON
The City Clerk read the following resolution into the record:
WHEREAS, Wallace R. Dixon was appointed as City of Dover Chaplain on September 11, 2000
and served continuously in that capacity until being sworn into office as Councilman of the Fourth
District on December 10, 2012. He served with distinction as Councilman until May 11, 2015 and,
during his two years of service to the citizens of Dover, Wallace R. Dixon served as Chair of the
Parks, Recreation, and Community Enhancement Committee and as a member of the Safety
Advisory and Transportation Committee, the Downtown Dover Partnership Board of Directors, and
the Kent County Tourism Board of Directors; and
WHEREAS, throughout his tenure, Wallace R. Dixon demonstrated a special interest in protecting
and preserving the safety of our citizens and a commitment to the youth in the community through
his dedicated efforts to address their recreational needs; and
WHEREAS, Wallace R. Dixon served with dignity and integrity, demonstrating empathy and
compassion toward his colleagues, City staff, and constituents alike, and speaking up for those
whose concerns might otherwise have gone unnoticed.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize that
Wallace R. Dixon will be sorely missed, express their sincere appreciation to him and his family for
the dedicated years of service and personal sacrifices made on behalf of the City of Dover, and wish
him and his family success in all future endeavors.
BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk to make this
resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation
and gratitude to Wallace R. Dixon.
Mr. Slavin moved for adoption of Resolution No. 2015-05, seconded by Mr. Neil and
unanimously carried.
Representative Sean Lynn presented a tribute to Councilman Dixon on behalf of the House of
Representatives. Representative Lynn stated that the House of Representatives recognized
Mr. Dixon’s outstanding dedication and commitment to serving the citizens of Dover, commended
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 4
his remarkable contributions, and extended its sincere appreciation. As a former member of City
Council, Representative Lynn stated that it had been an honor to serve with Mr. Dixon.
Mayor Christiansen and members of Council presented Councilman Dixon with the Resolution, a
Dover Cup, and a key to the City.
Councilman Dixon stated that he was honored and that he had tried to serve as a humble servant,
which was his calling. He thanked God and everyone in the community for allowing him to serve.
PROPOSED RESOLUTION NO. 2015-06 AND STATE OF DELAWARE TRIBUTE -
ADAM M. PERZA
The City Clerk read the following resolution into the record:
WHEREAS, Adam M. Perza was appointed to serve on the Compensation Commission on
May 9, 2011, serving in that position until May 17, 2013, and was appointed to the Salary and
Benefits Compensation Comparison Committee on August 22, 2011 and served as Chair of that
Committee until September 10, 2012; and
WHEREAS, Adam M. Perza was sworn into office as Councilman of the Second District on
May 14, 2012 and served with distinction until May 11, 2015 and, during his three years of service
to the citizens of Dover, Adam M. Perza served as Chair of the Construction Code Appeals
Committee and as a member of the Parks, Recreation and Community Enhancement Committee;
Safety Advisory and Transportation Committee; Utility Committee; Ad Hoc Financial and
Operational Advisory Committee; Downtown Dover Partnership Board of Directors; and President’s
Counsel on Public/Private Partnerships and the Future of City Hall, Weyandt Hall, Former Dover
Library, and Other City Properties; and
WHEREAS, throughout his tenure, Adam M. Perza listened attentively to disparate points of view,
deliberated thoughtfully, gave careful consideration to the implications of decisions, and developed
equitable and creative solutions to the complex concerns brought before the municipality; and
WHEREAS, Adam M. Perza demonstrated the courage to adhere to his convictions, while
displaying a spirit of civility and courtesy that elevated the level of discourse and fostered the respect
of his colleagues, City employees, and the constituents that he served.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize that
Adam M. Perza will be sorely missed, express their sincere appreciation to him and his family for
the dedicated years of service and personal sacrifices made on behalf of the City of Dover, and wish
him and his family success in all future endeavors.
BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk to make this
resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation
and gratitude to Adam M. Perza.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 5
Mr. Hutchison moved for adoption of Resolution No. 2015-06, seconded by Mr. Anderson and
unanimously carried.
Representative Sean Lynn presented a tribute to Adam M. Perza on behalf of the House of
Representatives. Representative Lynn stated that the House of Representatives recognized
Mr. Perza’s outstanding dedication and commitment to serving the citizens of Dover, commended
his remarkable contributions, and extended its sincere appreciation. On a personal note,
Representative Lynn stated that Mr. Perza had done a good job, expressed his pride in Mr. Perza, and
thanked him for his service.
Mayor Christiansen and members of Council presented Councilman Perza with the Resolution, a
Dover Cup, and a key to the City.
Councilman Perza stated that he had enjoyed his service and it had been an honor to serve his
community and neighbors. He expressed thanks to the elected representatives and future elected
representatives in the room, stating that it is an honor to serve but one does not serve for the honor.
Mr. Perza stated that he had learned over the last several years that governing is hard. He indicated
that it is great to have ideas, but what is important is that the ideas are implemented and that there
is full discussion of the pros and cons as part of a collective group.
Mr. Perza encouraged the new members to listen to their neighbors and to the people in the City, and
to think before speaking, making sure to apply judgment to their thoughts, since what is said
becomes important in terms of how people react to it.
PROPOSED RESOLUTION NO. 2015-07 AND STATE OF DELAWARE TRIBUTE -
BEVERLY C. WILLIAMS
The City Clerk read the following resolution into the record:
WHEREAS, Beverly C. Williams was appointed to the Dover Housing Authority on May 11, 1987,
serving until July 25, 2011, and was appointed to the Historic District Commission on September
13, 1993, serving until April 15, 2004; and
WHEREAS, Beverly C. Williams was sworn into office as Councilwoman of the First District on
May 13, 2002, being only the fourth female to attain the office of Dover City Council
Representative, and served with distinction until May 11, 2015, serving as Council President and
Vice-Mayor, and as Mayor from July 23, 2007 until October 8, 2007 and from April 28, 2014 until
May 12, 2014. She served as Chair of the Utility Committee; Other Post-Employment Benefits
Board; and the President’s Counsel on Public/Private Partnerships and the Future of City Hall,
Weyandt Hall, Former Dover Public Library, and Other City Properties; as a member of the
Legislative and Finance Committee; Parks and Recreation Committee; Parks, Recreation, and
Community Enhancement Committee; Safety Advisory Committee; Safety Advisory and
Transportation Committee; 2030 Energy Committee; Ad Hoc Health Benefits Committee; City
Manager Search Committee; Haggerty and Haggerty Ad Hoc Review Committee; and Kent County
Tourism Board of Directors; and as a liaison to the Chamber of Commerce; Greater Dover
Committee; and Kent County on the City/County Committee; and
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 6
WHEREAS, during her many years of service, Councilwoman Williams brought courage,
conviction, and candor to Council’s deliberations. Her expertise, particularly in matters pertaining
to utilities and to youth in the community, was invaluable in Council’s deliberations, and her
decisive leadership, energy, and passion contributed greatly to the betterment of the City and its
citizens.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize that
Beverly C. Williams will be sorely missed and express their sincere appreciation to her and her
family for the dedicated years of service and personal sacrifices made on behalf of the City of Dover,
and wish her and her family success in all future endeavors.
BE IT FURTHER RESOLVED that the Mayor and Council direct the City Clerk to make this
resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation
and gratitude to Beverly C. Williams.
Mr. Hare moved for adoption of Resolution No. 2015-07, seconded by Mr. Hutchison and
unanimously carried.
Representative Sean Lynn presented a tribute to Councilwoman Williams on behalf of the House of
Representatives. Representative Lynn stated that the House of Representatives recognized
Mrs. Williams’ outstanding dedication and commitment to serving the citizens of Dover,
commended her remarkable contributions, and extended its sincere appreciation.
Mayor Christiansen and members of Council presented Councilwoman Williams with the
Resolution, a gavel, a Dover Cup, and a key to the City.
Councilwoman Williams stated that, before being sworn in, she was advised by former
Councilwoman Goldie Legates to follow the oath, and if she followed the oath she would be fine.
Mrs. Williams expressed her thanks, stating that it had been a great journey.
OATHS OF OFFICE
The Honorable Kenneth S. Clark, Jr., Judge - Sussex County Court of Common Pleas, administered
the Oath of Office, as follows:
Mayor - Robin R. Christiansen
The Honorable William L. Witham, Jr., Resident Judge - Superior Court, administered the Oaths of
Office, as follows:
Council - First District - James E. Hosfelt, Jr.
Council - Second District - Brian E. Lewis
Council - Third District - Scott W. Cole
Council - Fourth District - Roy Sudler, Jr.
ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR
Mayor Christiansen opened the floor for nominations for Council President/Vice-Mayor for
2015/2016.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 7
Mr. Neil moved to nominate Timothy A. Slavin to serve as Council President/Vice-Mayor for
2015/2016, seconded by Mr. Hutchison.
Mr. Anderson moved to close nominations, seconded by Mr. Sudler and unanimously carried.
By a unanimous roll call vote, Mr. Slavin was elected to serve as Council President/Vice-Mayor
for 2015/2016.
RECESS
By unanimous consent, there was a brief recess to take photographs of the Mayor and
members of City Council.
The meeting recessed at 8:20 p.m. and reconvened at 8:32 p.m.
PROCLAMATION - COMMUNITY ACTION MONTH
The City Clerk read the following proclamation into the record:
WHEREAS, Community Action Agencies were created when the Economic Opportunity Act of
1964 was signed into law and, currently, there are approximately one thousand such agencies serving
the underprivileged in the United States; and
WHEREAS, First State Community Action Agency has been committed to working with
individuals and communities to overcome the challenges of unemployment, homelessness,
substandard living conditions, and hunger in Delaware since 1965; and
WHEREAS, First State Community Action Agency has made an essential contribution to
individuals and families in Delaware by providing innovative and cost-effective programs that enable
them to improve their lives and living conditions; and
WHEREAS, Delaware and the entire country must continue to promote economic security and
ensure that all citizens are able to live with dignity by providing support and opportunities for those
in need of assistance.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 2015 as COMMUNITY ACTION MONTH in the City
of Dover in recognition of the hard work and dedication of First State Community Action Agency.
On behalf of the Mayor and City Council, Mayor Christiansen presented the proclamation to
Mr. David Bull, Director of Human Resources, First State Community Action Agency. Mr. Bull
expressed thanks to the Mayor and Council for the recognition. He stated that First State
Community Action Agency had been operating since 1965 and was celebrating 50 years of being in
business, helping those who are less fortunate and providing them the opportunity to regain
self-sufficiency and citizenship equilibrium.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 8
PUBLIC WORKS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, Public Works services are an integral part of our community and citizens’ everyday
lives, and the support of an understanding and informed citizenry is vital to the efficient operation
of Public Works systems and programs such as facilities management, fleet maintenance, grounds
and parks maintenance, solid waste collection and recycling, street and stormwater management,
water production, and water and wastewater operations and maintenance; and
WHEREAS, the health, safety, and comfort of this community greatly depend on these facilities and
services, and the quality and effectiveness of these facilities and services, as well as their
engineering, construction, and inspection, are vitally dependent upon the efforts and skill of Public
Works staff; and
WHEREAS, the efficiency of the qualified and dedicated personnel of the Department of Public
Works is materially influenced by the people’s attitude and understanding of the importance of the
work they perform; and
WHEREAS, The American Public Works Association 2015 National Public Works Week theme
“Community Begins Here” speaks to the essential nature of Public Works services in support of
everyday quality of life.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 17th – 23rd, 2015 as PUBLIC WORKS WEEK in the City
of Dover and urge all citizens and organizations to learn more about the issues involved in providing
our Public Works and to recognize the contributions that our dedicated Public Works employees
make every day to our health, safety, comfort, and quality of life.
On behalf of the Mayor, City Council, and the citizens served, Mayor Christiansen presented the
proclamation to Mrs. Sharon Duca, Director of the Public Works Department.
Mrs. Duca expressed appreciation for the recognition, stating that the past couple of years had been
a period of change for the Department of Public Works, including differences in the budget and
staffing levels; however, the Department’s staff had stood together to ensure that the City’s priorities
were taken care of, from making sure that trash has been picked up to snow removal, fixing water
main breaks, and making sure that service is reliable. She thanked the Public Works Department
staff for their dedicated work ethic.
STATE OF THE CITY MESSAGE - MAYOR ROBIN CHRISTIANSEN
Mayor Christiansen presented the State of the City address, as follows:
Good evening, Mr. President, members of Council, City staff, and the citizens of
Dover who we all serve. Today I'm giving my first State of the City address as your
Mayor, and it is a very humbling experience. I believe that this is more of a report
card on our success, not on our failures. I believe that we are at a B+ today.
However, we always have room for growth and improvement as a government and
as a city.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 9
For the past few months we have seen a renewed spirit of our citizens' commitment
and a renewed commitment of our City staff and employees, who make us shine each
day through their continued commitment, which speaks to the motto “Community
Excellence Through Quality Service.” They make the City of Dover.
The Clerk's Office continues to make sure that we have access to historical records
and ensure that we conduct our meetings accordingly, and for that I am very grateful.
Upstairs, I, along with the City Manager, the Assistant City Manger, Public
Information Officer, and City staff have established a great working relationship.
Daily we respond to the questions and concerns of our citizens. Together we have
accomplished great things and will continue to do so in the future.
The Finance Department and the Assessor’s Office continue to work for financial
stability. The Finance Office recently completed the bond issuance of $4,135,000 of
General Obligation Bonds for the street and storm water infrastructure at the Garrison
Oak Technology Park, and to refinance the outstanding 2003 General Obligation
Bonds.
The Customer Service Department and our Electric Department continue to deliver
quality service to this, the most valuable of our enterprise funds, established many
years ago to supplement property taxes and aid in balancing our budget.
Too often, it is easy to overlook the Public Works Department, unless of course they
would not be there to perform their duties and responsibilities day in and day out.
From Sanitation, to Streets, to Water and Sewer, and Building and Grounds, this
group of dedicated individuals makes sure the job is done, regardless of the weather.
We appreciate and applaud your efforts.
Code Enforcement is a department that aids in making sure each of us live up to the
standards that make us good neighbors, so our property values stay at a level that is
acceptable and does not bring the property values of our neighbors down.
Our Library and Parks and Recreation Departments continue to provide all of us with
many programs in which thousands of people participate each year. Our Police and
Fire Departments are both Class A. Our Police Department was recently re-certified
and began celebrating it's 90th anniversary. The men and women of the Dover Police
Department continue, under the leadership of Chief Paul Bernat, to serve all of our
citizens with fidelity, trust, and integrity.
The Dover Fire Department, under the command of Chief Mark Hall, is second to
none. Since 1882, Robbin's Hose Company has protected the city of Dover and the
surrounding area with professionalism and holds the distinction of being the only all
volunteer fire department serving a state capital in the United States of America.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 10
Our employees each day perform the daily duties of maintaining City services at a
level our citizens have come to expect and deserve. It is because of their efforts that
the Mayor and Council shine. They continue on through snow, sleet, rain, and
extreme heat. They do what must be done regardless of the task.
We have great potential and a bright future in Dover. Our greatest days are ahead of
us. Not only do we realize this, but so do Governor Markell and other State officials,
who recently gave us our designation as one of the three inaugural Downtown
Development Districts. This speaks volumes of not only the draw to locate business
downtown but to aid business in our entire city. Also we have partnered with our
friends at Kent County, under the leadership of Levy Court President Brooks Banta,
who have joined by offering incentives to those that would invest in our downtown.
Several major employers have chosen to expand or relocate to our city. Others who
are already strong, long-time employers continue to work shoulder to shoulder with
us to maintain their presence in Dover. We have and will continue to aggressively
seek and attract major employers to Dover and Central Delaware to help those of our
citizens who are underemployed or unemployed. Dover is in business to do business.
Having said that, I salute the many small business owners who continue to pioneer
and thrive in our downtown area and throughout the entire city. Your faith in the
future should serve as an example to us. We salute your success. Please accept our
admiration and thanks.
Finally, to the many volunteers who take time away from their busy personal
schedules to serve on various boards and committees, please accept my heartfelt
thanks to all, working as one, to make Dover a place to do business, a place to live,
a place to recreate, a place to bike, a place to shelter those who are less fortunate, a
place to utilize our natural gem, Silver Lake, a city which each and everyone of us
is proud to call home. I believe in each of you and I hope that you believe in Dover.
CONSENT AGENDA
Mr. Lewis requested the removal of Item #15 - 2015/16 - Staff Appointments - City Council from
the Consent Agenda.
Mr. Anderson requested the removal of Item #11B - Evaluation of Proposals - Ambulance Service
Contract from the Consent Agenda.
Mayor Christiansen stated that Item #22B - Resolution No. 2015-09 Authorizing Signatures for
Banking Services on Behalf of the City of Dover, Delaware - Controller/Treasurer, Assistant
Controller/Treasurer, and Assistant Treasurers would also be removed from the Consent Agenda.
Mr. Anderson moved for approval of the consent agenda, as amended, seconded by Mr. Sudler
and carried by a unanimous roll call vote.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 11
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - APRIL 27, 2015
The Safety Advisory and Transportation Committee met on April 27, 2015 with Chairman Hutchison
presiding.
Proposed Ordinance #2015-07 Amending Chapter 46 - Fire Prevention and
Protection, Article IV - Public Occupancies, Section 46-162 - Sprinkler
Requirements and Section 46-171 - Fire Alarm in Place of Assembly
Mr. Timothy Mullaney, Fire Marshal, reviewed the proposed ordinance. He
indicated that changes were proposed in Section 46-162, Sprinkler Requirements, to
incorporate National Fire Protection Association (NFPA) 13 and other requirements
regarding the location and type of fire department connections. He explained that
including this information in the Code would make it easier to obtain this
information from a single source.
Mayor Christiansen stated that the Dover Fire Department currently uses a five (5)
inch supply line and uses the building connections on all newly constructed
buildings. Noting that some buildings have 2½-inch national standard connections,
he inquired if replacing these connections would be required or if this would occur
only if they are damaged. Responding, Mr. Mullaney stated that an upgrade would
be required for new construction projects for greater than 50% renovations, when a
fire alarm connection would have to be physically relocated because of construction,
or if a sprinkler company informed him that there was a physical problem with the
connection that prevented it from working.
Mayor Christiansen questioned if the Dover Fire Department has the ability to hook
up to 2½-inch connections. Responding, Mr. Mullaney stated that he was aware of
only 30 locations using this type of connection since most buildings had upgraded.
He indicated that this was not a problem because the necessary equipment is
available on the trucks and only a little more time and pre-planning is required.
Mr. Mullaney stated that he would not recommend requiring a City-wide upgrade
since this could be a big project that some would be unable to afford.
Mr. Mullaney advised members that the proposed change to Section 46-171, Fire
Alarm in Place of Assembly, would address public mode audible requirements
related to shunt trip relays/switches. He advised members that this is already
established in NFPA 72, and this amendment would allow users to access this
information through City Code. Mr. Mullaney stated that the requirement is that the
power source used to amplify live music will shut down at the activation of a fire
alarm system.
The Committee recommended approval of Proposed Ordinance #2015-07.
By consent agenda, Mr. Anderson moved for approval of the Committee’s
recommendation, seconded by Mr. Sudler and carried by a unanimous roll call vote.
(The First Reading of the ordinance will take place during the latter part of the meeting.)
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 12
Evaluation of Proposals - Ambulance Service Contract
During the Safety Advisory and Transportation Committee meeting held on
March 23, 2015, members considered the Evaluation of Proposals - Ambulance
Service Contract and tabled the matter until the next meeting of the Safety Advisory
and Transportation Committee.
Mr. Scott Koenig, City Manager, referred to his memorandum dated April 22, 2015,
regarding Evaluation of Proposals - Ambulance Service Contract, explaining that the
attachments included answers to members’ questions that were submitted by
PrimeCare Medical Transport, LLC, as well as additional information provided by
PrimeCare Medical Transport, LLC and Heartline Ambulance Service, LLC.
Mr. Koenig reminded members that three (3) proposals were received and that
members had agreed that the proposal from Hart to Heart Transportation, LLC was
not in compliance with the Request for Proposals (RFP), and the only proposals that
complied were from PrimeCare and Heartline. He noted that Heartline was an entity
that had yet to be created.
Mr. Koenig informed members that, as requested during the Committee meeting of
March 23, 2014, representation of PrimeCare was present.
Mr. Koenig explained that the City had a longstanding contract with PrimeCare to
deliver ambulance services. For a time, the City had received complaints from both
Cheswold and Camden-Wyoming ambulance services for overflow responses that
they were making into the City’s service area. He stated that, at that time, the City
had two (2) options, one (1) of which was to pay PrimeCare for additional ambulance
coverage. It was Mr. Koenig’s recollection that the cost would have been
approximately $10,000 per month for PrimeCare to add another shift, and staff was
unable to identify an eight (8) or 12-hour shift with consistent overflow numbers that
would address all of the concerns. The second option was to make donations to
Cheswold and Camden-Wyoming ambulance services to compensate them for the
time and effort they were putting into service calls within the City’s service territory.
The City issued donations in FY 13 and FY 14 to these ambulance providers for their
calls inside the City service territory, which amounted to approximately $15,000
annually.
In regard to the proposal received from Heartline in response to the current RFP,
Mr. Koenig advised members that Heartline would be the creation of a private,
for-profit company out of the existing Camden-Wyoming volunteer fire service and
expressed his belief that the ambulance service that Camden-Wyoming currently
provides is a component of their volunteer fire service. He stated that in the original
RFP issued several years ago, responders were asked for five (5) years of operating
experience as a for-profit company, since it was desired that companies demonstrate
the ability to start a service and continue business operation for a five (5) year
horizon. Mr. Koenig noted that, typically, the expectation is that if a business is
going to fail, it will do so within the first five (5) years. He stated that if members
wished to relax this requirement, they could recommend this to Council; however,
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 13
it must be understood that there would be a transition period for this new service and
they would have to purchase equipment, create schedules and service components,
and hire staff. Mr. Koenig indicated that Mr. Chris Clough, Employee Supervisor
and EMS Administrator, Heartline Ambulance Service/Camden-Wyoming Fire
Company, had indicated that they could have their service up and running
comfortably by August 1, 2015.
Mr. Koenig advised members that he had not changed his original recommendation
to enter into a contract with PrimeCare Medical Transport, LLC in the amount of
$230,000 to provide ambulance services for a three (3) year period, with a negotiated
ending date of June 30, 2018. It was his belief that there was an option for two (2),
one (1) year extensions without having to rebid.
Responding to Mr. Hutchison, Mr. Koenig stated his belief that PrimeCare had been
the City’s provider for approximately 11 years.
Mr. Keller stated that there had been minimal complaints against PrimeCare, noting
that there are always a few complaints with any service, and he expressed his
preference for PrimeCare.
Mr. Truax advised members that he had no issue with any of the providers or staff’s
recommendation; however, he expressed concern regarding the process. He felt that
the RFP did not ask some of the proper questions, noting that some of the questions
were seven (7) to eight (8) years old, and suggested that it needed to be reviewed.
Mr. Truax did not feel comfortable recommending a three (3) year contract with a
two (2) year extension. He suggested that the agreement go forward with a
recommendation for two (2) years and, within that two (2) year period, forming a
Basic Life Support (BLS) Needs committee to determine exactly what is needed to
deliver the best service to the constituency, every person in the City of Dover, and
those passing through it who will use the ambulance service regardless of who is
providing it.
Mr. Truax reiterated that he would like to see a contract go forward with PrimeCare,
based on staff’s recommendation; however, he was concerned about forwarding a
recommendation for a five (5) year contract and not looking at the process. He felt
that the process should be evaluated so that the provider is asked the appropriate
questions regarding what the City wants rather than simply describing what they can
provide. Mr. Truax advised members that there is no one on staff who can develop
the proper questions for the City’s RFP. He suggested that someone could be hired
to study this, or that this be done by members of a BLS committee made up of
individuals with backgrounds in dispatch, field care, or hospital care.
Mr. Hutchison stated that the proposal before members was for a three (3) year
contract and reminded members that PrimeCare had already been providing this
service for 11 years. He stated that Mr. Truax had made some valid points in regard
to evaluating operations in the future, and Mr. Hutchison did not have a problem with
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 14
working with the City Manager and staff to create an evaluation system. However,
he did not feel that this was the issue before members tonight. Mr. Hutchison did not
see the difference between supporting a two (2) year proposal versus a three (3) year
proposal, noting that the City Manager and staff had clearly recommended a three (3)
year proposal.
Mr. Truax stated his belief that the process is tied into the overall bid package. He
indicated that if the agreement were approved for three (3) years, there is no way to
know that this matter would be reviewed or that the agreement would work. He felt
that it would be proper to make a motion in favor of a two (2) year agreement with
a component that a BLS committee would be formed to review this matter.
Mr. Truax stated that this was his opinion and each Committee member should
develop their own opinion.
Mr. Hutchison requested Mr. Koenig’s opinion on the concept of developing an
evaluation system and establishing a board to address Mr. Truax’s concerns.
Responding, Mr. Koenig stated that he had no concerns with appointing a future BLS
committee. He advised members that he had already included a study related to
police staffing, fire dispatch, and ambulance service in an FY 16 draft budget for
Council’s consideration in a few weeks. Although this study currently did not
include the fine details of BLS, he felt that this could be the starting point for
discussing whether the City should pursue additional BLS services. Mr. Koenig
stated that former Councilman Eugene Ruane had asked staff to create an annexation
model, and much time was spent talking about the services that would be impacted
by annexation and development, including police, fire, and streets. Ambulance calls
were not discussed; however, Mr. Koenig noted that the 10-year trend of ambulance
calls had crept up significantly, and the last three (3) years had leveled off.
Mr. Truax questioned who would sit on that committee, how it would be formed, and
whether it would be a subcommittee to the Safety Advisory and Transportation
Committee. Responding, Mr. Hutchison stated that it could be made a priority to
move forward with this matter and that the details could be worked out.
Mr. Truax suggested that the Committee recommend a three (3) year agreement and
that, in that three (3) year period, a BLS needs committee would be formed as a
subcommittee to the Safety Advisory and Transportation Committee. This would
place the intent for a review of this matter on the record and would allow enough
time to review, study, and come up with a reasonable overview of BLS needs.
In response to Mr. Hutchison regarding the recommended composition of the
subcommittee, Mr. Truax suggested that it be made up representatives from dispatch;
field care, including EMTs; and someone from hospital care, including a nurse or
doctor, and stated that determining who would sit on the subcommittee would be part
of the overall process.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 15
In response to Mr. Hutchison regarding whether this is being done elsewhere in
Delaware, Mr. Truax stated that he was unsure. To his knowledge, there are only two
(2) jurisdictions using private carriers for 911 transport, the City of Wilmington,
which uses St. Francis, and the City of Dover.
Mr. Koenig reminded members that the RFP was for a three (3) year contract with
two (2), one (1) year extensions if the City so chooses.
In response to Mr. Hutchison, Mr. Koenig confirmed that the City would continue
to have the same agreement with the Camden-Wyoming and Cheswold fire services
for reimbursement.
Responding to Mr. Keller, Mr. Koenig confirmed that the questions previously asked
by members were answered in PrimeCare’s letter of response. Mr. Koenig explained
that some of the more detailed questions that Mr. Truax had identified were not in
the RFP, either because they are new things or because they are service levels that
Mr. Truax would like to see enacted. The RFP was to provide the current minimum
level of service that is required.
The Committee recommended authorizing the City Manager to enter into a contract
with PrimeCare Medical Transport, LLC in the amount of $230,000 to provide
ambulance services to the City of Dover for a three (3) year period, with a negotiated
ending date of June 30, 2018, as recommended by staff. The motion was seconded
by Mr. Truax and carried by a vote of two (2) yes (Keller and Hutchison) and one (1)
no (Truax).
The Committee recommended placing a discussion of the feasibility of creating a
committee to study the Basic Life Safety (BLS) needs for the City of Dover on the
agenda for the next Safety Advisory and Transportation Committee meeting.
During the City Council meeting of May 11, 2015, Mr. Anderson advised members that the
recommended bid for the Ambulance Service Contract was approximately $80,000 more than
another bid, but expressed his belief that there was good reason for this and requested that this be
explained.
Mr. Scott Koenig, City Manager, stated that the City issued an RFP earlier this year for ambulance
services and three (3) proposals were received, one (1) of which was from PrimeCare Medical
Transport, LLC, the City’s current provider. The other proposals were from Heartline, LLC and
Hart to Heart Transportation. Mr. Koenig explained that staff reviewed the proposals and this
matter went to the Safety Advisory and Transportation Committee twice for questions and answers.
The feeling was that the most well-rounded proposal was that submitted by PrimeCare and their
service level met the current needs of the city of Dover. Staff's recommendation was to proceed with
a contract for PrimeCare Medical Transport, LLC, which would end June 30, 2018, with provisions
for two (2), one (1) year extensions. Mr. Koenig advised members that the Committee also made
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 16
a recommendation to potentially create a study committee to review and possibly improve BLS
services in the City of Dover. He indicated that, based on the discussion at the Committee level,
staff again recommended PrimeCare Medical Transport, LLC for a contract to be executed through
June 30, 2018.
Mr. Anderson questioned if the reason for the recommendation was a provision dealing with the
length of time that operations had been provided. Responding, Mr. Koenig stated that the RFP
included a requirement for five (5) years of operating history providing the service that was
requested. He explained that Heartline, LLC was a new start-up company that would have been
created out of the current Camden-Wyoming ambulance service, and the component of the request
that they did not meet was five (5) years of operating history. Mr. Koenig explained that Heartline
would have to create a new company, order equipment, and hire staff to provide service to the City.
For this reason, it was felt that it was not in the City's best interest to proceed with that proposal.
Mr. Sudler questioned the advantage of PrimeCare over Hart to Heart Transportation. In response,
Mr. Koenig stated that Hart to Heart would have operated at no cost to the City and would recover
all of their costs from billing; however, the documents that they provided indicated that almost all
of their experience was in medical transport verses BLS.
Mr. Hosfelt inquired if the complaints received against PrimeCare had been tracked. Responding,
Mr. Koenig stated that a few official complaints came through Mrs. Kay Sass, Emergency
Management Coordinator, and were evaluated. He indicated that most were unsubstantiated or could
not be confirmed; in other cases the provider provided adequate documentation that they had
addressed the complaint or had made corrections so that the problem would not happen again in the
future.
Mr. Hosfelt questioned if Council would vote again on the single-year extensions following the
three (3) year contract. Responding, Mr. Koenig stated his belief that, in the past, the City Manager
had been authorized to approve extensions; however, because of the supplemental discussion and
the request to potentially create a BLS committee, he would bring this matter back before executing
extensions.
Responding to Mr. Hosfelt regarding the desire to create a BLS committee, Mr. Koenig explained
that this was the recommendation of at least one (1) member of the Safety Advisory and
Transportation Committee and there had been a motion to place a discussion about potentially
creating a BLS committee on the Committee’s agenda.
As Chair of the Safety Advisory and Transportation Committee, Mr. Hutchison stated that during
the meeting held on April 27, 2015, there were in-depth discussions with Mr. Koenig and Mrs. Sass
pertaining to the three (3) vendors who submitted applications for consideration. He indicated that
each of the providers were looked at and they also took in information from the hospital regarding
service provided. As a result, he felt that members were more than comfortable in saying that
PrimeCare should be able to continue to provide this service to the City. Mr. Hutchison indicated
that it was also discussed whether or not some type of evaluation system should be created, stating
that this would be discussed in future meetings.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 17
Mr. Hutchison moved to approve PrimeCare LLC for another three (3) year contract, seconded by
Mr. Anderson.
Mr. Sudler questioned why staff wanted to do business with PrimeCare although there were
complaints. Responding, Mr. Koenig stated that in every case that he could recall, there was a
satisfactory resolution to the complaint; either the complaint was unfounded or the service provider
made an adjustment to remedy future complaints of that nature.
Mr. Hutchison advised members that the City deals primarily with PrimeCare but Camden and
Cheswold also provide back-up in the City; and, in addition, the City also deals with Kent County
911 Dispatch. He reiterated the Committee was pleased with the overall performance of PrimeCare
and the City Manager had addressed any issues.
Mr. Anderson noted that this important issue affects the lives of people and involves a great deal of
money each year and thanked his fellow Council members for having this discussion so that the
citizens understand why Council was making these choices.
Mr. Sudler questioned if a performance rating was assigned to all three (3) proposals when they were
evaluated and, if so, what PrimeCare’s rating was versus the other proposals. Mr. Hutchison stated
that one (1) of the standards was that the provider had to be in business for at least five (5) years.
Mr. Koenig indicated that numerical ratings were not assigned; the recommendation was based on
the submissions and whether the providers met the criteria outlined in each of the sections of the
RFP. Mr. Sudler questioned if this type of rating is done in the City. Mr. Koenig stated that, to his
knowledge, this particular service had not been rated in the past. He indicated that other scored
evaluations had been performed, for example, for engineering companies that submitted RFP’s.
Mr. Neil stated his understanding that it was intended to look at certain standards in the future for
these companies. Responding, Mr. Koenig stated that members of the Safety Advisory and
Transportation Committee had requested to look at this and that the Committee would have this
discussion and make a recommendation to Council. Mr. Neil stated this was very important and that
he would like to hear what was being considered in the future.
The motion to approve PrimeCare LLC for another three (3) year contract was carried by a
vote of eight (8) yes (Anderson, Sudler, Neil, Lewis, Cole, Hare, Hutchison, and Slavin) and
one (1) no (Hosfelt).
By unanimous consent, Council approved the Committee’s recommendation to place a
discussion of the feasibility of creating a committee to study the Basic Life Safety (BLS) needs
for the City of Dover on the agenda for the next Safety Advisory and Transportation
Committee meeting.
Briefing on Delaware Department of Transportation (DelDOT) Projects
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
advised members that updates were requested from the Delaware Department of
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 18
Transportation (DelDOT) for projects that were put forward as transportation
priorities in regard to the Capital Transportation Plan (CTP). She provided updates
on these projects, as follows:
Garrison Oak Connector Road
The Garrison Oak Connector Road was listed as one (1) of the top priorities for the
City of Dover; however, no funding for design or construction is included in
DelDOT's current CTP. It was Mrs. Townshend’s belief that the right-of-way was
already in place.
College Road Corridor Upgrades
This project is not funded in the current Capital Transportation Plan.
Construction of Sidewalks Within the Walk Zone of the New Dover High School
Mrs. Townshend stated that DelDOT had indicated that the sidewalk project at this
location is complete; however, she noted that members of both the Safety Advisory
and Transportation Committee and the Dover/Kent County Metropolitan Planning
Organization (MPO) had recognized that, although there are sidewalks on the north
side of Route 8, there is a large gap on the south side. Quite a few students had been
seen walking in the travel lane or shoulder in that area, or on residents’ grass, and the
City and MPO were discussing this. Mrs. Townshend explained that a meeting had
been scheduled regarding the Kenton Road project with the intent to have some of
this sidewalk area included in an expanded scope for that project. She expressed her
belief that sidewalk construction needs to be prioritized and funded, noting that she
and Mr. Scott Koenig, City Manager, had also discussed this with the Secretary of
Transportation.
Route 8/Hazlettville Road Connector
Mrs. Townshend stated that the Route 8/Hazlettville Road connector is the road
located at the west entrance of Dover High School. She advised members that there
is currently no funding for this project in the CTP.
US Route 13 Sidewalk Construction
There is a small amount of funding in FY 19 for sidewalk design for a portion of US
Route 13 from South Court Street to Loockerman Street. No other money is shown
in the CTP.
Crawford Carroll Avenue Extension
Funding for preliminary engineering and design in FY 16 and FY 17 is included in
the current CTP. Funding for right-of-way acquisition is shown in FY 19 and FY 20.
There is no funding for construction in the current CTP. Mrs. Townshend advised
members that Delaware State University (DSU) had acquired the former Sheraton Inn
in this area, and currently the only way of travel between DSU and this new portion
of the campus is on Route 13. She explained that from a pedestrian, bicycle, and
vehicle standpoint this project has become more important in the network in that
area.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 19
Kenton Road Corridor Upgrades
Funding for preliminary engineering and design in FY 16 and FY 17 is shown in the
current CTP; therefore, preliminary engineering was expected to begin after
July 1, 2015. Mrs. Townshend stated that she would be attending a meeting to
discuss the scope of the project in the next couple of weeks.
Kings Highway/Route 13 Intersection Improvements
This project is not listed in the current CTP.
Loockerman Street/Forest Street Improvements (Roundabout)
Mrs. Townshend stated that this project involves the construction of a roundabout in
front of the Duncan Center in the area where the clock is currently located, noting
that five (5) streets converge in that area. She stated her recollection that this project
dates back to the West Side Redevelopment Plan that was done in 2001, stating that
it was previously included in the CTP and then was shelved. Mrs. Townshend
indicated that the project is included in the CTP for preliminary engineering and
design in FY 17 and FY 18. Funding for right-of-way acquisition is shown in FY 19,
with funding for construction shown in FY 20 and FY 21.
Mrs. Townshend stated that staff had discussed looking at the ranking of this
streetscape and safety project in connection with Downtown Development District
investments. She indicated that this project has money associated with it; whereas,
most of the other projects on the list do not. She felt that it is a doable project that
ties in well with the Downtown Development District.
Mayor Christiansen questioned where the Loockerman Street/Forest Street
roundabout would be placed. Responding, Mr. Koenig stated that the concept
drawings take the small triangle where the clock is presently located and carve out
a small portion of the southeastern corner of the intersection where there is vacant
land. He explained that this may impact some of the land to the north as a circular
right-of-way is carved out. Mr. Koenig stated his recollection that there is a concept
plan that shows that the roundabout can be constructed without removing any
buildings, and it would be located in the area of the Duncan Center and the
George V. Massey Station. He advised members that the City owns a small piece of
property on the other side of Jerusalem Way, formerly Slaughter Street. Mr. Koenig
indicated that the roundabout would be tight but would fit. He explained that
Loockerman Street would then extend out to Route 8 as a kind of parkway with a
center median and landscaping. The proposed Lincoln Park Center/Clarence Street
extension road project would be tied into the roundabout project, as well as the
underground installation of all of the overhead utilities in that area, so there would
be both transportation and aesthetic improvements to that component of Loockerman
Street.
In response to Mayor Christiansen, Mr. Koenig confirmed that this project would be
part of the gateway into the City from the west.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 20
In response to Mr. Hutchison, Mr. Koenig agreed to make concept drawings of this
project available to the members.
Mr. Hutchison requested that this item be included on the agenda for the next
meeting of the Safety Advisory and Transportation Committee.
US Route 13 Service Road Corridor
This project has no associated funding in the CTP.
Transportation Improvement District
Mrs. Townshend stated that this large project is not listed in the CTP; however, staff
is meeting monthly with DelDOT in this regard. She advised that staff is working
on obtaining numbers to model various growth scenarios which will allow the
development of a fee formula based on building square footage, rather than each
developer having to do a transportation study. Mrs. Townshend noted that the
Transportation Improvement District identifies upgrades throughout the corridor area
to be funded through fees received, which would be more efficient, fair, and a better
use of funds.
In response to Mr. Hutchison regarding the High-Intensity Activated Crosswalk
Beacon (HAWK) signal near Dover High School, Mrs. Townshend stated that the
signal was currently functioning and being used by students. She indicated that it
would be a while before another study could be done to see if the intersection meets
warrants for a full traffic light. She explained that the high school does not keep the
east entrance open and that staff tried to articulate to the Capital School District that
as long as there is no traffic going to that entrance, the location will never meet the
warrants because counts are based on traffic coming from different points.
Mrs. Townshend indicated that she had observed cars coming out of Heatherfield and
speeding through the intersection when the pedestrians have the walk sign, which
was concerning because they were taking advantage of the signal in a way that it was
not intended. She stated the need to watch the intersection closely because, at this
point, there was no indication from DelDOT that the signal would be changed.
In response to Mr. Hutchison regarding the status of the West Dover Bypass,
Mrs. Townshend stated that it is under construction and on schedule.
In response to Mr. Keller regarding the construction of sidewalks in the walk zone
of Dover High School, Mrs. Townshend stated that this project was third on the
City’s list of transportation priorities. In regard to right-of-way acquisition,
Mrs. Townshend stated it was unknown if there was enough right-of-way. She
advised that this was not in DelDOT’s queue to look at because they consider this
project to be complete since they are looking only at the north side of Route 8.
Mrs. Townshend stated that she had been pushing this project hard through the MPO
Technical Advisory Committee process, and Mr. Rich Vetter, Executive Director of
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 21
the MPO, proposed the idea of tying this matter into the Kenton Road project so that
it would be on DelDOT’s radar screen. Mrs. Townshend stated that there was some
funding available for the Kenton Road project.
Mr. Keller commented that he had seen kids walking in the road. Mrs. Townshend
stated that most of these students are eligible for bus transportation but are present
after school for activities or sports. She indicated that some districts have a late bus
for kids involved in activities; however, the Capital School District does not. She felt
that is a big problem that should be addressed before there is an injury.
Mr. Sudler moved for acceptance of the Safety Advisory and Transportation Committee
Report, seconded by Mr. Anderson and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
APRIL 27, 2015
The Legislative, Finance, and Administration Committee met on April 27, 2015 with Chairman
Slavin presiding.
Evaluation of Proposal - Investment Banking Custody Services
Mrs. Donna Mitchell, Controller/Treasurer, reviewed the details regarding proposals
received for Investment Banking Custody Services. She advised members that Union
Bank’s costs are based on fees only. TD Bank has no transaction fees and bases their
costs on basis points, which are a percentage of the investment portfolio. Wells
Fargo, Wilmington Trust and Key Bank use a combination of fees and basis points.
Staff recommended awarding the Investment Custody Services to Union Bank for a
three (3) year period to start the date of the contract, which may be renewed or
extended for two (2) additional two (2) year periods by mutual consent and approval
of City Council.
Mrs. Mitchell explained that staff’s recommendation was based strictly on price. She
informed members that staff reviewed annual reports and Securities and Exchange
Commission (SEC) filings, and although litigation issues were found with some of
the banks, there seemed to be a very low probability that they would affect these
banks. Mrs. Mitchell stated that if Council decided to use a local bank regardless of
the fees, staff recommend TD Bank. Since TD Bank has no transaction fees and
costs are based on basis points, staff felt that this would be the next lowest cost
option. She indicated that all of the banks had good references.
Mrs. Mitchell reiterated that recommendations were based on cost. She advised
members that although WSFS did not bid on this request, WSFS supports the Dover
Days Festival. She indicated that several local banks, including M & T Bank, also
perform community service but was unsure which other banks do so. Mrs. Mitchell
advised members that Wilmington Trust, a subsidiary of M & T Bank, would handle
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 22
all of the City’s investments under their proposal and would keep the City’s money
in trust and track it on a balance sheet. If there were any litigation issues, the City
would be protected since funds would be kept in the form of a trust.
Mr. Hare questioned why the fees for Union Bank were so much lower than the other
proposals. Responding, Mrs. Mitchell stated that the City currently uses Union Bank
and their low fees may possibly be due to the size of the bank and their volume of
business; however, she noted that they are based in California and banking
procedures may be different.
In response to Mr. Hare regarding whether local banks could be asked to reduce their
numbers, Mrs. Mitchell stated that she generally uses the numbers submitted rather
than returning to negotiate with one (1) particular bank. She indicated that she had
not contacted any of the banks to determine if this was their best and final offer.
Mr. Sudler asked if Mrs. Mitchell would be willing to consider Mr. Hare’s suggestion
of negotiating with the banks and if there was a preferred bank that she thought the
City should do business with. Responding, Mrs. Mitchell stated that all submissions
were received from good banks with electronic capabilities and favorable references
and she had no preferences, noting that her recommendation was solely based on
price. She reiterated that some banks help the community and she could understand
if Council felt indebted to obtain this service from a local community bank rather
than a California bank.
In response to Mr. Anderson, Mrs. Mitchell confirmed that Union Bank currently
maintained the City’s shared investment pool. She stated that Wells Fargo services
the City’s pension plans, and she would not recommend Wells Fargo because all of
the City’s investments would then be held in one (1) bank.
Mr. Anderson stated that the City had some flexibility since the cost was less than
$25,000. He questioned if the City would be at risk of violating its Code by
negotiating with the banks since the public proposals had already been served.
Responding, Mrs. Mitchell stated that this was sent out as a Request for Proposals
(RFP) rather than a bid and, therefore, could be negotiated.
Mr. Sudler stated that he would like staff to go through the sealed bid process for this
service. Responding, Mrs. Mitchell stated that staff does not typically go through the
sealed bid process, including advertising, for amounts this low; however, staff could
do this.
Mr. Hare was unsure if it was necessary to go through the sealed bid process. He
suggested that staff contact the banks that submitted proposals to determine if these
were the best and final offers. Responding, Mrs. Mitchell stated that she could
contact the local vendors to obtain a final offer.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 23
Mr. Hare noted the significant difference between some of the proposed rates and
those of the City’s current provider. In response, Mrs. Mitchell explained that the
City initially began utilizing Union Bank because their cost was low and had been
using this provider for a little more than three (3) years.
In response to Mr. Anderson, Mrs. Mitchell confirmed that the services offered by
all providers were the same.
Mr. Nick Adams, Vice President, Global Capital Markets Division, Wilmington
Trust, informed members that he is a taxpayer in the City of Dover and resides in the
Third District. He stated that he was heartened by the members’ discussion and the
line of questioning that had transpired. He explained that he had been at Wilmington
Trust for approximately four-and-one-half years and prior to that spent nearly 12
years in State government in Delaware, serving as Deputy State Treasurer during the
latter portion of that time. Mr. Adams stated that he was exceptionally familiar with
the RFP processes, having previously evaluated responses and compiled responses
for review. He stated the need for the Mayor and members of Council to send a
message to their constituents that the City is open for business and informed
members that he had heard them doing this loudly and clearly. Mr. Adams stated that
responses were sent by local vendors who are overwhelmingly committed to the City,
employ people and pay taxes in Dover and are located near City Hall; however, these
vendors were not given the level of consideration because of a price and are unable
to respond to a best and final pricing request. Mr. Adams expressed his opinion that
going straight from the RFP is a disservice to local vendors and to the City.
Mr. Adams informed members that it was noted in M & T Bank and Wilmington
Trust’s response and letter to the City of Dover that this firm is the largest
full-service commercial bank in Delaware based on deposit market share, having
employed nearly 2,100 people in Delaware. Additionally, over the past three (3)
years, employees had volunteered over 50,000 hours of their time to organizations
throughout Delaware and contributed nearly $5M dollars to not-for-profit
organizations in all three (3) counties. Mr. Adams indicated that they had contributed
well over $100,000 to numerous projects, non-profit organizations, and community
events in the City of Dover, including the new City of Dover Public Library, previous
title sponsorship of the Dover Days Festival, title sponsorship of City of Dover
fireworks, title sponsorship this year of the Biggs Museum of Art Gala, and
contributions to the Schwartz Center and many other organizations. He stated that
M & T Bank and Wilmington Trust was exceptionally gracious in reconfiguring its
parking lot and drive through to allow ingress and egress to the new library and to
City Hall as an accommodation for the City.
Mr. Adams stated that there are other similar cases where Wilmington Trust and
M & T bank is competing for the City’s business and losing bids over $1,000 or a
couple thousand dollars and are not given an opportunity to rebid, which is
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 24
disheartening and frustrating. He indicated that there had been a pattern of contracts
going to non-resident providers based on price alone. Mr. Adams informed members
that a paying agent role recently went to the Bank of New York Mellon and
investment management services went to Public Financial Management, neither of
which employ people in the State of Delaware.
Mr. Adams felt that the City could not continue to say it is open for business and
invite people to come, and then send money to California when the City has an
opportunity to put its money where its mouth is. He advised members that Union
Bank is owned by a Japanese corporation, not a U.S.-based corporation. Mr. Adams
indicated that this was a great opportunity and indicated that M & T Bank and
Wilmington Trust would welcome the opportunity to revisit the proposal because
they want to do business with the City. He stated his firm had shown its commitment
to the City and asked that the City of Dover show its commitment to vendors and
those who want to be here in the City.
Mr. Hare stated that he has seven (7) accounts at M & T Bank and expressed his
opinion that staff should request best and final offers. He indicated his appreciation
for everything that M & T Bank does in the community; however, he could not
honestly tell the taxpayers that it was planned to go with an offer over 200% higher
than the lowest proposal. Mr. Hare stated that if the offers were close, he would not
have a problem. For comparison, he expressed his opinion that if M & T Bank were
planning to redo their bank, they would choose a contractor from New Jersey
charging $30,000 versus a local contractor charging $100,000.
Mr. Adams concurred with Mr. Hare; however, he stated that in this case the 200%
difference represents approximately $10,000, which is fractional compared to the
amount of money paid in property taxes by M & T employees who reside in the City.
He asked that this be considered in terms of actual dollars and cents.
Responding to Mr. Sudler regarding the reason for the vast difference in price,
Mr. Adams stated that competitors, particularly non-resident competitors, often want
to find opportunities to get a foothold into markets where they do not have one. He
advised members that Wilmington Trust and M & T Bank serves in excess of 80%
of all municipal clients in Delaware, including the State of Delaware and its
numerous entities, and if an organization like Union Bank can cut their price
significantly to get a foothold into this market, this is found business for them.
Mr. Adams indicated that Wilmington Trust and M & T Bank must try to set prices
in line with the services provided to the other numerous municipalities they serve
throughout the State. This becomes a bit of a double-edged sword in that they want
to provide the best level of service while charging fair fees. Mr. Adams advised
members that this did not mean that they were unwilling to sharpen their pencils and
revisit this issue.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 25
Mr. Shevock questioned if Wilmington Trust and M & T Bank gives the same bid
to every municipality in the State of Delaware or if they look at the product to see if
they can provide a better price. Responding, Mr. Adams stated that every
opportunity is evaluated on its own merit and a price is developed. The firm’s tiered
pricing suggests that a $50M account, like the City’s, should be priced at a particular
amount, and they then work from that number. Mr. Adams stated that it is
exceptionally rare when a client does not come back and request the bank to sharpen
their pencils, particularly when clients receive a lower bid. He explained that there
is often a give and take between the client and the bank as they try to develop a price
that is mutually beneficial for both parties.
In response to Mr. Slavin, Mr. Scott Koenig, City Manager, informed members that
when the City’s capital projects are bid, a 3% discount is provided for local bidders.
Mr. Slavin stated that, while there is a wide disparity between all five (5) of the
offers, if the entities that do not have a presence in Delaware were discounted, the
span would be $13,979 to $16,270, which is a very small gap. He felt that this would
be worth taking a look at.
Mr. Adams stated that he would not have appeared before the Committee tonight if
the decision and recommendation set forth had been to award this business to a TD,
PNC, or WSFS Bank, or to a resident bank in the City that is as committed to the
City as Wilmington Trust and M &T Bank is; however, this was not the case.
Mr. Slavin expressed a desire not to make awards only to Delaware contractors,
noting that the Delaware Contractors Association would agree with this. He stated
the desire to see Delaware’s borders open so that our workers can work in other states
and vice versa. However, he expressed his belief that the economy in Dover and
Delaware would be made stronger by taking moments like this and reinvesting in the
community.
The Committee recommended that Mrs. Mitchell, Controller/Treasurer, go back and
ask for a best and final offer from all five (5) respondents.
By consent agenda, Mr. Anderson moved for approval of the Committee’s recommendation,
seconded by Mr. Sudler and unanimously carried.
Downtown Dover Business Improvement District (BID) Budget and Assessment
(Tax) Rates for Fiscal Year 2015-2016
Mr. Scott Koenig, City Manager, advised that the Business Improvement District
(BID) budget and assessment are set annually. He reminded members that a number
of years ago, Council identified the BID, which is specified in Code with specific
boundaries and zones, and each year the Tax Assessor prepares a budget based on
input from staff and then prepares an assessment. Mr. Koenig explained that the City
has typically raised approximately $50,000 through the BID tax. This additional tax
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 26
burden is placed on businesses in the BID and the funds raised are used for economic
development. For the past several years, this money, along with additional funds, has
been transferred to the Downtown Dover Partnership (DDP) for economic
development and promotion in the BID.
Mr. Koenig stated that the proposed tax revenue for FY 16 was $49,600. Mr. Koenig
indicated that proposed expenses would be equal to revenue since, in the past, this
tax had been collected and the tax value was then transferred to the DDP for
operating expenses.
Mr. Koenig reviewed the BID Tax Calculation Worksheet, July 1, 2015 to
June 30, 2016, noting that Ms. Cheryl Bundek, Tax Assessor, had indicated that the
percentages of overall revenue raised in each zone are as follows: Zone 1 - 48%,
Zone 2 - 41%, and Zone 3 - 10%, for a total of 100%.
Mr. Koenig explained that there are a certain number of parcels in each zone that
qualify for the assessment, and the total aggregated assessment for the BID is slightly
more than $138M, including the 2015 assessments. Reiterating that the revenue
breakdown is prescribed by Code, Mr. Koenig explained that this was based on the
assessments, and no increase in the total revenue was proposed.
Staff recommended approval of the proposed budget and assessment (tax) rate for
fiscal year 2015-16.
Mr. Hare questioned if the City manages the DDP budget. Responding, Mr. Koenig
stated that the City’s prepares the draft budget figures for the DDP and pays their
bills; however, the DDP manages its own budget. He stated his belief that the DDP
was cash positive by several hundred thousand dollars. Mr. Koenig advised members
that a budget is presented to the DDP Board and includes all operating expenses,
such as the cost of managing properties; property loans; office expenses such as rent,
electricity, and office supplies; contractual services, such as meter repairs; and other
services associated with the properties owned, such as mortgage payments and rent
receipts.
Mr. Hare questioned if members would be provided the information that would be
presented in the DDP budget before making a decision. He stated, for example, that
if there were $300,000 in the DDP’s account, they might not need some of these
funds this year. Responding, Mr. Koenig explained that the DDP’s budget is a
separate issue from the BID tax.
Mr. Hare questioned if funds would be automatically transferred to the DDP if the
BID tax and assessment were approved. Responding, Mr. Koenig stated his belief
that funds would not transfer automatically; however, the assumption would be that
they would be transferred.
Mr. Slavin stated that this would offset $49,600 in other areas.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 27
Mr. Anderson questioned why various businesses have different assessments and
zones. Responding, Mr. Koenig stated his recollection that Zone 1 is the area closest
to Loockerman Street and that the amount of the tax payment reduces going outward
from this core area; however, he indicated that he may have to clarify this before the
matter goes before Council for consideration.
Mr. Anderson felt that it was presumed that there would be less benefit derived from
marketing, etc. further from Zone 1, and Mr. Koenig confirmed this.
Mr. Slavin stated his recollection that, at the time that the BID tax was created, the
intention was to leverage the higher value of properties further from Zone 1 to help
some of the more blight-related areas.
Mr. Koenig further explained that when the tax was originally implemented,
Mainstreet Dover was the core area and primary beneficiary.
Mr. Slavin stated that since 2003 he had commented annually that he hates this tax
since he cannot understand how the City could entice people to open businesses in
this area by saying that the City will effectively assess more taxes on them when they
come into the BID. He expressed his hope that this issue could be addressed later
this year. Mr. Slavin stated his opinion that this rate is set for the purposes of
budgeting so that it is loaded as Council goes into the budget year.
The Committee recommended acceptance of staff’s recommendation to approve the
proposed budget and assessment (tax) rate for fiscal year 2015-16, as outlined in
Attachments A and B to the Business Improvement District - Assessment (Tax) Rates
for Fiscal Year 2015-2016. [City Clerk’s Office Note: Subsequent to the meeting,
Mrs. Cheryl Bundek, City Assessor, provided a revised report for the Business
Improvement District - Assessment (Tax) Rates for Fiscal Year 2015-2016.
Corrections to the Business Improvement District Tax Calculation Worksheet,
July 1 , 2015 to June 30, 2016, reflect the percentages of revenue raised as required
by Code.]
During the City Council meeting of May 11, 2015, Mr. Scott Koenig, City Manager, advised
members that since the time of the Committee’s discussion, an adjustment had been made to the
Business Improvement District Assessment (Tax) Rates for FY 2015-2016 and the Business
Improvement District Tax Calculation Worksheet. He explained that in Attachment A the
aggregated revenue was originally listed as $50,000; however, the amount that had been received
for the last two (2) years was listed correctly in the City budget as $49,600. Since the City had
recently been through a revaluation, he indicated that staff was trying to keep the playing field as
level as possible with regard to the Business Improvement District (BID) tax.
Mr. Koenig indicated that the percentage of revenue raised was originally identified in Attachment B
as 99% of revenue. This was subsequently changed to 100% and the percentages identified in Code
were applied, as follows: Zone 1 - 50%, Zone 2 - 40%, Zone 3 - 10%. The calculation was reversed,
which adjusted the assessment tax rate per hundred dollars of value in Zones 1, 2, and 3. Mr. Koenig
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 28
advised members that these were relatively minor adjustments and, to make the record correct, staff
requested that the numbers in blue be adopted by the full Council so that staff could proceed with
the application of this tax for FY16.
Mr. Sudler moved that the corrected numbers (indicated in blue text) in the revised report for
the Business Improvement District - Assessment (Tax) Rates for Fiscal Year be approved so
that staff could proceed with the application of this tax for FY 16. The motion was seconded
by Mr. Cole and carried by a unanimous roll call vote.
Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee
Report, seconded by Mr. Hare and carried by a unanimous roll call vote.
MONTHLY REPORTS - MARCH 2015
By motion of Mr. Anderson, seconded by Mr. Sudler, the following monthly reports were
accepted by consent agenda:
City Assessor's Report Controller/Treasurer’s Budget Report
City Manager's Report Economic Development Office Report
City Planner's Report Police Chief’s Report
QUARTERLY REVIEW OF CAPITAL INVESTMENT PLAN (CIP) (JANUARY,
FEBRUARY, AND MARCH)
Members were provided the Quarterly Report for the Capital Investment Plan as of March 31, 2015.
By consent agenda, Mr. Anderson moved for acceptance of the Quarterly Report for the
Capital Investment Plan (CIP) as of March 31, 2015, seconded by Mr. Sudler and unanimously
carried.
2015/16 STAFF APPOINTMENTS - CITY COUNCIL
Mr. Lewis requested that the staff appointments be deferred until the next Council meeting. He
indicated that he knew only possibly two (2) people on the list and expressed the desire to review
the staff evaluations. He advised members that he had requested the evaluations from the
City Clerk’s Office and was told that he could not have them until after being sworn into office.
Mr. Lewis indicated that he was uncomfortable voting for this reason and requested deferral of this
item.
Mr. Hutchison stated that he respected what Mr. Lewis was saying and agreed that he should have
the opportunity to review staff's evaluations; however, he disagreed with holding up this process,
which he stated was required by charter. He asked that Mr. Lewis reconsider and take time at his
convenience to meet with each of the staff members in question. Mr. Hutchison stated his belief that
it would be a mistake to hold the process up for another two (2) weeks.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 29
Mr. Hare stated that the evaluations were done by the previous Council, who vetted each evaluation
and individual and made recommendations. He indicated that he had expressed in the past his belief
that these appointments should have been done at the previous Council meeting, when the Council
members who reviewed these individuals and recommended them were available to vote on them.
Mr. Hutchison felt it was wrong that Council staff appointments are brought up every year. In his
opinion, once a member is appointed they should serve at the pleasure of Council, and this matter
should not come back before Council. Mr. Hutchison stated that he had discussed this with the City
Clerk and hoped this would be a matter of discussion in the near future. He felt that a change to the
charter should be made.
Mr. Lewis stated that he understood Mr. Hutchison’s point of view; however, in terms of fairness,
he stated that this was his first Council meeting and he was being asked to vote on individuals that
he knew nothing about.
Mr. Anderson indicated that his concern with delaying had to do with continuity. He noted that often
when Council makes motions to defer, they include a provision to allow the current holders of those
positions to continue to serve until this is voted on. He questioned if this would be an appropriate
amendment to offer to Mr. Lewis’ motion.
Mayor Christiansen noted that there was no motion on the floor at this time.
Mr. Nicholas Rodriguez, City Solicitor, stated that he thought that those appointed would continue
to serve until the appointments were voted on.
Mr. Slavin stated that he appreciated both points of view that had been brought forward, noting that
this was a unique moment in the City's history. He could not recall the last time five (5) new Council
members were sworn in in one (1) week, noting that Mr. Neil was sworn in last week. He indicated
that there would be moments like this where Council would exercise a bit more due diligence to
allow people to come up to speed. Mr. Slavin stated that he would be interested to hear from the
newer members how they feel about this. As background and as a matter of course, he advised
members that he would be asking to defer all of the Council President’s appointments because he
did not feel it appropriate to make appointments on the evening that one is elected, noting that
deferral had been a practice in the City in the past as well.
Mr. Hare stated that he had always advocated for staff appointments at the previous meeting because,
in his opinion, to do otherwise would be unfair to the Council appointees. He indicated that it had
more or less been acknowledged during their evaluations that these individuals were going to be
recommended for reappointment at the Annual Council meeting, and these staff members plan on
this. He felt that perhaps the procedure should be changed.
Mr. Cole stated that, philosophically, he agreed with Councilman Lewis and Councilman Slavin;
however he felt that Council needed to move forward with the appointments. Recognizing that this
was a unique situation, he suggested that something could be done in the future.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 30
Mr. Neil questioned if delaying would be legal and if it would disrupt City processes. Responding,
Mr. Rodriguez advised members that those who had been appointed and served in the past would
continue until changed by Council.
Mr. Slavin offered a compromise that these items would be brought back in two (2) weeks with the
understanding that all of the appointees would continue to serve in the positions where they were
serving, which he stated was fine according to legal counsel. Mr. Slavin asked if making a
commitment that this matter would be back before Council in two (2) weeks would assuage the
concerns of Mr. Hutchison and Mr. Hare. Responding, Mr. Hutchison stated that the Council that
just served voted to approve and recommend each and every staff person and expressed his belief
that members should honor that, rather than questioning those members of Council who took their
time out to evaluate staff personnel by delaying this matter for two (2) weeks. Mr. Hutchison stated
his understanding that new members did not know the individuals involved; however, he felt that
they should have faith in the leadership of those who had made the decision.
Mr. Lewis stated his feeling that, in all fairness, as a newly elected Council representative, he should
be able to vote in good conscience.
Mr. Hare questioned Mr. Rodriguez regarding whether the charter stated that appointments would
be made to these positions at the Annual Meeting. Responding, Mr. Rodriguez stated that he would
have to check the charter; however, he believed that it probably did; however, he noted that other
matters, such as other appointments, would be deferred tonight.
Mr. Hare stated that Council had evaluated the performance of the appointees and told them they
would be reappointed; however, in the next two (2) weeks, the five (5) new members could read a
report, say these individuals were not wanted, and these employees could be out jobs. Mr. Hare
reiterated that these reappointments should have been made two (2) weeks ago.
Mayor Christiansen advised members to consider that there were certain fiduciary considerations
that indicate that these appointments are to be made at the annual meeting according to the charter,
particularly in regard to the Controller/Treasurer, Assistant Controller/ Treasurer, and the Assistant
Treasurers.
Mr. Anderson indicated that he felt secure with the advice of counsel and did not think that any of
the appointments were in danger; however, he stated the need to find a better way to do this. In his
view, the evaluations should have been open in the first place to those who would be voting on them.
He felt that this was a glitch in procedures that needed to be looked at. Mr. Anderson stated that he
had no fault with Council members who want to know more. He indicated that he was sure staff had
been working very diligently and had done a great job last year, but members would not know that
because they had not seen the evaluations. Mr. Anderson felt that the evaluations should be available
right now and Council could have gone into executive session to review them, and he stated that
those are things that they might need to look at in the future. He stated that he personally would have
no problem with deferring if Councilman Lewis would not mind pulling the treasurer positions,
including the controller, to avoid any legal discontinuity issues.
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 31
Mr. Lewis stated that he would have no objections.
Mr. Neil advised members that he had the privilege of meeting with most of these people or their
subordinates, and his vote would be based on his personal evaluation of what an extraordinary job
they had been doing. Based on this, he indicated that he would approve this group because he
thought they had been absolutely outstanding.
Mr. Hosfelt concurred with Mr. Neil, stating that he would also vote to support the staff
appointments as written. He stated his opinion that these employees are some of the City's greatest
resources and do an outstanding job.
Mr. Sudler stated that he understood Councilman Lewis’ concerns, being a new Council person.
However, he indicated that since he had previous experience serving on the Legislative, Finance, and
Administration Committee, he was not new to the process and had done his homework. Mr. Sudler
stated that he would be voting in favor of the appointments.
Mr. Hutchison moved to approve the 2015-16 City Council staff appointments as presented,
seconded by Mr. Neil.
Mr. Lewis stated, for the record, that his remarks were not made personally against the staff and he
was sure that they do a phenomenal job. He indicated that he was uncomfortable voting on
individuals that he knew nothing about and had not seen their evaluations. He stated that he would
abstain from voting.
On a call for the question, the motion to approve the 2015-16 City Council staff appointments
as presented was carried by a roll call vote of eight (8) yes, (Anderson, Sudler, Neil, Cole,
Hosfelt, Hare, Hutchison, and Slavin) and one (1) abstention (Lewis).
2015/16 COMMITTEE APPOINTMENTS - COUNCIL PRESIDENT
Council President Slavin moved to defer these appointments until the next regularly scheduled
Council meeting, seconded by Mr. Hare and unanimously carried.
2015/16 MISCELLANEOUS APPOINTMENTS - COUNCIL PRESIDENT
Council President Slavin moved to defer these appointments until the next regularly scheduled
Council meeting, seconded by Mr. Hare and unanimously carried.
APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT
Council President Slavin moved to defer these appointments until the next regularly scheduled
Council meeting, seconded by Mr. Hare and unanimously carried.
2015/16 COMMITTEE APPOINTMENTS - MAYOR
By consent agenda, Mr. Anderson moved for approval of the Committee appointments for
2015/2016, as recommended by Mayor Christiansen. The motion was seconded by Mr. Sudler
and, by a unanimous roll call vote, the following appointments were made:
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ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 32
Dover 4th of July Celebration Committee Election Board
Greg Patterson, President/Vice Chairman Anita L. McDowell Boyer - First District
Robin R. Christiansen, Chairman (Ex-Officio) Cherrita L. Matthews - Second District
Brad Holden, Vice-President
Donna Mitchell, Treasurer/Secretary (Staff Liaison) Property Maintenance Code Board of Appeals
Ann Marie Townshend (Staff Liaison) Charles Martin, Representative of Local Real Estate
Susan Betts (Request to defer appointment of Representative of
Sarah Zimmerman Homeowners)
Andrea Maucher
Karen Nickerson
Compensation Commission
(Request to defer appointment)
Dover Public Library Advisory Commission
Scott W. Cole (Council liaison)
Downtown Dover Partnership Board of Directors
David L. Anderson (Council Representative)
William F. Hare (Council Representative)
James E. Hosfelt, Jr. (Council Representative)
Scott K. Koenig (City of Dover Representative)
Ann Marie Townshend (City of Dover Representative)
John Tinsley (Commercial Property Owner)
Cindy Small (Downtown Cultural Arts Representative)
Gregory V. Moore, President (Downtown Business
Owner/Commercial Property Owner)
Mayor Robin R. Christiansen (Ex-Officio Member)
(Request to defer the appointment of five (5) State
Government Representatives)
Silver Lake Commission
James Burcham
Zachery Carter
Ann Marie Townshend
David L. Edgell
Dean Holden
Tricia Arndt
Lyle Allen Jones
APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN - PUBLIC ADVISORY
COMMITTEE OF THE DOVER-KENT COUNTY MPO
Mayor Christiansen requested the following appointments to the Public Advisory Committee of the
Dover-Kent County MPO:
Jonathan Contant (to fill the unexpired term of Prameela Kaza - term to expire July 2015)
Karen McGloughin (Alternate)
By consent agenda, Mr. Anderson moved for approval of the appointments to the Public
Advisory Committee of the Dover-Kent County MPO, as recommended by
Mayor Christiansen. The motion was seconded by Mr. Sudler and carried by a unanimous
roll call vote.
Page 44
ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 33
COUNCIL APPOINTMENTS - YOUTH ADVISORY COMMITTEE - ONE (1) YEAR
TERMS TO EXPIRE MAY 9, 2016
By consent agenda, Mr. Anderson moved for approval of appointments to the Youth Advisory
Commission. The motion was seconded by Mr. Sudler and, by a unanimous roll call vote, the
following appointments were made for a one (1) year term to expire May 9, 2016:
Rebecca Anderson
Austen C. Auen
Jessica Deitrich
*Kennadie Patterson
Jessica Simmons
(*City Clerk’s Office Note: Upon notification of her appointment, Kennadie Patterson notified the
Clerk’s Office that she wished to decline the appointment.)
RESOLUTION NO. 2015-08 - APPROVAL OF 2015 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) FIVE (5) YEAR CONSOLIDATED PLAN
By consent agenda, Mr. Anderson moved for adoption of the proposed resolution, seconded
by Mr. Sudler and, by a unanimous roll call vote, Council adopted Resolution No. 2015-08, as
follows:
A RESOLUTION APPROVING THE 2015-2019 COMMUNITY DEVELOPMENT BLOCK
GRANT CONSOLIDATED PLAN
WHEREAS, the City of Dover is entitled to $220,717 through the United States Department of
Housing and Urban Development Community Development Block Grant program; and
WHEREAS, the City of Dover has prepared the 2015-2019 Consolidated Plan, in accordance with
the United States Department of Housing and Urban Development guidelines, that serve as the
primary planning document for identifying and meeting the housing and community development
needs for the low and moderate-income residents of Dover; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant
funds for the community development purposes in accordance with the National Community
Development objectives of benefitting low and moderate income families, eliminating slums and
blight, and meeting other community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development requires the City
of Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance
including the proposed use of funds and including certain certifications and policies to obtain its
$220,717 entitlement; and use of $8,554 in program income for eligible activities; and
Page 45
ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 34
NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE
CITY OF DOVER approve the 2015-2019 Community Development Block Grant Consolidated
Plan and application for Federal Assistance included in the Consolidated Plan, along with
certifications and policies attached and authorize its forwarding to the United States Department of
Housing and Urban Development for consideration.
ADOPTED: MAY 11, 2015
RESOLUTION NO. 2015-09 - AUTHORIZING SIGNATURES FOR BANKING SERVICES
ON BEHALF OF THE CITY OF DOVER, DELAWARE - CONTROLLER/TREASURER,
ASSISTANT CONTROLLER/TREASURER, AND ASSISTANT TREASURERS
Mr. Slavin moved for adoption of the proposed resolution, seconded by Mr. Anderson and, by
a unanimous roll call vote, Council adopted Resolution No. 2015-09, as follows:
A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES ON
BEHALF OF THE CITY OF DOVER, DELAWARE
WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000
per banking institution, investments in the State of Delaware Investment Pool, and the purchase and
sale of investment grade corporate bonds, and U.S. Treasury and agency securities; and
WHEREAS, the banking institutions, brokerage firms, trust companies, and other various financial
institutions require an Authorizing Resolution for the opening of accounts, and for purchasing,
selling, transferring, assigning, and handling securities;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that
the Controller/Treasurer, Assistant Controller/Treasurer, and Assistant Treasurers are hereby
authorized to open accounts with banking institutions and purchase, sell, transfer, assign, and handle
securities and that they are authorized to sign all related forms;
BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one
signature; and
That the following are the office holders authorized for these purposes, until further notice:
Donna S. Mitchell - Controller/Treasurer
Lori Peddicord - Assistant Controller/Treasurer
Traci A. McDowell - Assistant Treasurer
Denise L. Devine - Assistant Treasurer
ADOPTED: MAY 11, 2015
Page 46
ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 35
FIRST READING - PROPOSED ORDINANCE #2015-07
Mayor Christiansen reminded the public that copies of the proposed ordinance were available at the
entrance of the Council Chambers or could be obtained from the City Clerk’s Office. The Final
Reading of the ordinance and action by Council will take place on May 26, 2015.
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that the proposed ordinance would add NFPA 13 and NFPA 72 to the City's code. She noted that
these fire protection requirements are already in place in the National Fire Protection Association
(NFPA) codes that the City has adopted. Mrs. Townshend indicated that NFPA 13 requires a shunt
trip, which is a switch that turns off music when a fire alarm sounds, so that the fire alarm can be
heard, in establishments with public amplification systems and NFPA 72 relates to the location of
the Fire Department connection for sprinkler systems. Mrs. Townshend explained that these are
provisions that are required and adopted by reference through adoption of the NFPA Code. They
were brought forward by Tim Mullaney, Fire Marshal, because he believed it would be more
straightforward to designers and those putting together fire protection plans to have all of these
requirements under one (1) portion of the code rather than having to refer to several different
resources.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
Proposed Ordinance #2015-07 as read by the City Clerk, by title only, as follows:
% #2015-07 AMENDING CHAPTER 46 - FIRE PREVENTION AND PROTECTION,
ARTICLE IV - PUBLIC OCCUPANCIES, SECTION 46-162 - SPRINKLER
REQUIREMENTS AND SECTION 46-171 - FIRE ALARM IN PLACE OF ASSEMBLY.
COUNCIL MEMBERS’ ANNOUNCEMENTS
Mr. Sudler stated that he and Mr. Anderson would be partnering to hold a Fourth Council District
town hall meeting at Southern Rock Baptist Church, 113 North West Street, on May 12, 2015 from
6:30 to 8:30 p.m. to discuss the City’s current form of government, proposed form of government,
and the Mayor's job description. He invited those from all districts to attend. Mr. Sudler stated that
this would be the first of many quarterly district meetings that he had promised to hold in partnership
with Councilman Anderson when campaigning for Fourth District.
Mr. Anderson stated that everyone was welcome to attend this meeting. He indicated that the first
hour would be an open forum and the Mayor and the Police Chief had also graciously offered to
ensure that someone from community policing would be present to address related concerns.
Mr. Sudler stated that a Kirkwood Community Fair had been held and Mayor Christiansen attended.
He expressed appreciation on behalf of himself and Councilman Anderson for the participation.
Mr. Sudler advised members that he serves on the Restoring Central Dover Steering Committee.
Mr. Sudler welcomed all new Council members and stated that he looked forward to working with
them, as well as with those members who had already been serving.
Mr. Hosfelt stated that Fox Hall West would be holding a community meeting on May 21, 2015 at
7:00 p.m. at the Dover Police Department.
Page 47
ANNUAL CITY COUNCIL MEETING OF MAY 11, 2015 PAGE 36
On behalf of the City and City Council, Mr. Slavin expressed condolences to the Delaware State
University family on the death of a student earlier that day in a car accident just across the state line
in Maryland. He stated that it is particularly difficult news when a 21-year-old loses their life at the
end of a school year, when entering the season for prom and graduation parties. He urged everyone
to take care of our young ones.
Mayor Christiansen reminded everyone of the passing of Mr. Jack T. Roe, a long-time public
servant, who served as a Fire Chief in the Robbins Hose Company, the City's first Fire Marshal, a
police officer with the Dover Police Department, and Director of Planning and Inspections. He
extended condolences to Mr. Roe’s family.
Mr. Sudler moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting adjourned at 9:29 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
May 11, 2015, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2015\05-11-2015 ANNUAL.wpd
Page 49
City of Dover
PETITION FOR WAIVER of Land Subdivision Regulations
and Request for Abandonment of Recorded Right-of-way
Before the City Council
May 26, 2015
Plan Title: Northgate Center Parcel Consolidation and Right-of-Way Abandonment
MI-15-07
Plan Type: Parcel Consolidation Plan
Owner: 605 South Bay Road LLC
Equitable Owner: Eastern Shore Natural Gas
Location: East side of Bay Road, south of Blue Hen Corporate Center and north of
the Puncheon Run Connector from Route 1
Tax Map #: ED-05-077.00-03-06.00-000
ED-05-077.00-03-07.00-000
ED-05-077.00-03-08.00-000
ED-05-077.00-03-09.00-000
ED-05-077.00-03-10.00-000
ED-05-077.00-03-11.00-000
ED-05-077.00-03-12.00-000
Subject Area: 20.6275 Acres +/-
Zoning: IPM (Industrial Park Manufacturing Zone)
Planned Industrial Park
SWPOZ (Source Water Protection Overlay Zone)
Request: Abandonment of Recorded Right-of-way: Portion of Krisko Circle
Waiver Requested: Appendix A: Land Subdivision Regulations, Article VI §A15
Exceed the Maximum Street Length of a Dead End Street
PLAN SUMMARY:
This is a Review of a Waiver Request associated with the Parcel Consolidation Plan for the
consolidation of seven (7) parcels and the abandonment of a portion of the right-of-way for
Krisko Circle. The subject area consists of 20.6275 acres in the Planned Industrial Park known as
the Northgate Center (previously identified as the Stover Professional Campus). The applicant is
requesting a Waiver from the requirements of Land Subdivision Regulations, Article VI §A.15
related to the length of dead-end streets. The properties are zoned IPM (Industrial Park
Manufacturing) and with a portion subject to the SWPOZ (Source Water Protection Overlay
Zone). The properties are located on the northeast side of Bay Road south of Blue Hen Corporate
Center and north of the Puncheon Run Connector from Route 1.
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service
Page 50
MI-15-07 Northgate Center Parcel Consolidation and Right-of-Way Abandonment
Petition for Waiver of Land Subdivision Regulations
Planning Commission Recommendation Report from May 18, 2015 Meeting
Page 2 of 4
Previous Applications
This property was originally subdivided with Application SB-05-05 Stover Professional Campus.
In September 2005, the Planning Commission conditionally approved the Conceptual
Subdivision Plan for Stover Professional Campus project. The Preliminary Subdivision Plan
Review, as approved by the Planning Commission in November 2005, permitted the subdivision
of land totaling 38.12 acres +/- into twelve (12) lots. At the time, the property was also subject
to the AEOZ (Airport Environs Overlay Zone).1
The SB-05-05 Plan subdivided the tract into twelve (12) lots and identified the new streets to
serve the development. The area was set to be developed under the guidelines for a Planned
Industrial Park with access to the site from Bay Road. With the subdivision, the Planning
Commission approved a waiver for the reduction of the rear yard setback for certain lots. The
Record Plan was recorded on April 20, 2007 and the construction plans for the park
infrastructure were approved in May 2007.
Construction of the Industrial Park infrastructure commenced. Utilities, the stormwater
management facility, and the streets of Stover Boulevard and Krisko Circle were partially
constructed. Site Plan S-06-37 developed the Mainstay Suites Hotel at 201 Stover Boulevard
(Lot 2). Another Site Plan S-05-32 proposed an office building on Lot 6; however, that plan has
expired.
Source Water Protection Overlay Zone
A small portion of the northwest corner of the current Lot 10 is within the SWPOZ (Source
Water Protection Overlay Zone) – Tier 3 Excellent Recharge Area. The purpose of the SWPOZ
(Source Water Protection Overlay Zone) is to protect groundwater resources. For the Tier 3
Excellent Recharge Area, the area is so designated to safeguard the recharge resources per the
provisions found in Zoning Ordinance, Article 3 §29.
SITE CONSIDERATIONS
All proposed lots must meet the minimum bulk standards i.e. lot area, width, setbacks. This
portion of the property is zoned IPM (Industrial Park Manufacturing Zone) and was established
under the Planned Industrial Park provisions of Zoning Ordinance, Article 3 §20.5 and Article 4
§4.16. In a Planned Industrial Park, there are design standards for each lot and development
activities on each lot will be subject to submittal of a Site Development Plan.
The original Subdivision Plan was granted a waiver of the design standards for the setback from
the development property line (rear yard setback) on the IPM zoned properties developed under
the Planned Industrial Park design standards. The property line setback was reduced from 100ft.
to 40ft. for Lots 3-10 and will maintain the 100 ft. setback from residentially zoned properties
(Lot 5). Planning Commission granted this waiver of the design standards on September 19,
2005.
1
Previously, this property was subject to the requirements of the Airport Environs Overlay Zone (AEOZ) with
portions of the property located within Noise Zone A (65dB - 69dB) and within Noise Zone B (70dB – 74dB). With
the amendment to the Zoning Map and Zoning Ordinance on March 11, 2013 (Ordinance #2013-01), this property
area was removed from the AEOZ.
Page 51
MI-15-07 Northgate Center Parcel Consolidation and Right-of-Way Abandonment
Petition for Waiver of Land Subdivision Regulations
Planning Commission Recommendation Report from May 18, 2015 Meeting
Page 3 of 4
STREETS
A boulevard style entrance street known as Stover Boulevard extends from Bay Road into the
Industrial Park with travel lanes separated by a tree planted median. The second loop street
known as Krisko Circle within the complex has a twenty-six (26) paved width and a right-of-way
maintained at sixty (60) feet. No parking is permitted on a street of this width. Streets will be
dedicated to the City of Dover upon completion to City Street Standards. Street construction
completed to date includes below grade utility infrastructure, curbing, and at least the base coat
of asphalt surface.
At their May 18, 2015 meeting the Planning Commission conducted a public hearing and took
action to recommend approval of the waiver request for to allow the project to exceed the
maximum length of a Dead End Street and to recommend approval of the request to abandon the
recorded right-of-way for a portion of Krisko Circle as associated with the Parcel Consolidation
Plan MI-15-07. See the discussion below for information on the pending right-of-way
abandonment and waiver request.
Request: Abandonment of Recorded Right-of-Way: Portion of Krisko Circle
This Parcel Consolidation Plan proposes to vacate the southern loop segment of Krisko Circle
leaving the street to terminate in a cul-de-sac near the shared property line of Lot 5 and Lot 6.
The existing right-of-way for Krisko Circle (southern segment) will be consolidated into the
adjoining lot. This portion of Krisko Circle to be abandoned exists as recorded right-of-way and
has been partially constructed (utility infrastructure, upright curb, and asphalt basecoat of paved
street surface) but not yet accepted for dedication.
Waiver Requested: Length of Dead-end Street
The proposed dead end street is approximately 883+/- feet in length when measured from the
east end of the Stover Boulevard to the center of the proposed Krisko Circle cul-de-sac. The
proposed conversion of Krisko Circle from a looped configuration to a dead end street (cul-de-
sac) exceeds the permitted length of a dead-end street per the Land Subdivision Regulations. The
limitation is a maximum of a 400 foot length of a dead-end street. The Land Subdivision
Regulations, Article VI §A.15 states the following:
15. Dead-end streets shall be discouraged unless determined to be necessary to access the
property due to its size, shape, or width. When determined to be necessary, dead-end
streets, designated to be so permanently, shall not be longer than 400 feet and shall be
provided at the closed end cul-de-sac with a turnaround having an outside roadway diameter
of 80 feet and a street right-of-way diameter of 100 feet. In no instance shall more than 20
percent of the lots in a proposed development front on the turnaround section of a cul-de-
sac.
Land Subdivision Regulations, Article VII includes provisions for waivers to be considered by
the Planning Commission who provides a recommendation to City Council for action. A written
waiver request was submitted for consideration; see attached waiver request.
The requested Subdivision Waiver is further summarized in the following chart:
Page 52
MI-15-07 Northgate Center Parcel Consolidation and Right-of-Way Abandonment
Petition for Waiver of Land Subdivision Regulations
Planning Commission Recommendation Report from May 18, 2015 Meeting
Page 4 of 4
Land Subdivision
Requirement Proposed Waiver
Regulations
Maximum Length of Maximum length of To revise the looped Allow the abandonment of a
Dead-end Street a Dead-end Street is configuration of Krisko Circle segment of right-of-way of
400 feet to a dead-end street Krisko Circle and revise to
terminating in a cul-de-sac. be a dead-end Street of over
Length is approximately 883 400 feet in length.
feet.
With regards to the requested Subdivision Waiver regarding the length of the dead-end street, the
Planning Commission forwards a formal recommendation to City Council. The City Council has
the final approval in regard to this Subdivision Waiver.
Recommendation of Planning Staff:
As part of the Development Advisory Committee (DAC) Report dated May 6, 2015, the Planning Staff
made the following recommendation on the waiver request for application MI-15-07:
Exceed Maximum Street Length of a Dead End Street: Staff recommends approval of the
request to exceed the maximum length of a dead end street. The reconfiguration of
Krisko Circle terminating in a cul-de-sac will continue to serve all lots of the Industrial
Park Subdivision. Interconnection of Krisko Circle to other nearly streets is limited by
adjacent developments and preserved woodland areas or the nature of the road system
(i.e. Route 1).
Following final action on the waiver request and abandonment request, the Record Plan sheet
will need to be updated prior to final approval of the Parcel Consolidation Record Plat. The
Development Advisory Committee Report of May 6, 2015 identified necessary plan
corrections/revisions and advisory comments on the process steps. The applicant will also need
to work with the Department of Public Works regarding the redesign of Krisko Circle as related
to the City of Dover Standards for the street, curbing, and sidewalks as well as existing utilities.
The applicant will need to work with the City Electric Department regarding existing electric
infrastructure and any existing street light removals/relocations.
Findings and Recommendations of the Dover Planning Commission:
The Planning Commission at its meeting on May 18, 2015 reviewed the proposed waiver request
as part of its review of the Application MI-15-07 Northgate Center Parcel Consolidation and
Right-of-way Abandonment: Parcel Consolidation Plan. The Planning Commission
recommends approval of the Subdivision Waiver of the Maximum Length of a Dead-end
Street associated with MI-15-07 Northgate Center Parcel Consolidation Plan and Right-of-
way Abandonment. The motion passed 7-0 of the members present with one member recused
(Mr. Holden as his employer was involved with the application).
Attachments: Plan Drawing: Parcel Consolidation Plan
Waiver Request
Development Advisory Report Comments: City of Dover Electric & Public Works
Departments, Office of the Fire Marshal, DelDOT, and Kent Conservation District
Page 54
WAIVER REQUEST
NORTHGATE CENTER / LOT CONSOLIDATION PLAT
DEAD-END STREET MAXIMUM LENGTH
REQUEST: Waive the requirement that a dead-end street cannot not exceed 400 feet.
EXTENT OF THE REQUEST: The City of Dover Subdivision Code, Article VI § A.15 stipulates that
dead-end streets shall not be longer than 400 feet. The consolidation of
lots 6 – 12 necessitates converting Krisko Circle from a loop road to a
dead-end street with a closed cul-de-sac meeting the requirements of this
section. The proposed length of the dead-end street is 883 ft.
BASIS FOR REQUEST:
1. The City of Dover Subdivision Code, Article VII § A.1 allows City
Council to waive requirements of the subdivision code due to special
conditions unique to the site, or the strict compliance with the code may
cause extraordinary and unnecessary hardships. City of Dover Planning
Commission will review the waiver and make a recommendation to City
Council.
2. The following justifications are provided in support of the waiver:
a. Chesapeake Utilities Corporation (CUC) / Eastern Shore Natural
Gas (ESNG) intend to construct a new Dover campus, relocating
their main offices and operations to Northgate Center.
Consolidating lots 6 – 12 will create a parcel sufficient for CUC /
ESNG immediate needs and future growth.
b. The dead-end street must exceed the maximum 400-ft. length in
order to provide access to existing parcels 1 – 5 that front on
Krisko Circle.
c. The waiver requested is the minimum required to provide relief
to CUC / ESNG to develop the property.
200318213ak-waiver-public street frontage
Page 55
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: APRIL 29, 2015
APPLICATION: NORTHGATE CENTER PARCEL CONSOLIDATION &
RIGHT OF WAY ABANDONMENT
FILE #: MI-15-07
REVIEWING AGENCY: City of Dover Electric and Public Works Departments
CONTACT PERSON: Aren Wright - Electric
Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: ELECTRIC - 302-736-7070 PUBLIC WORKS – 302-736-7025
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. Electric Department requires an easement through proposed consolidated property & right-of-way for the
maintenance of the existing underground utility.
2. Should this site be redeveloped, which includes modifications to the use, the applicant/developer will be responsible
for all costs associated with the relocation of existing underground electric utility.
3. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible
for all costs associated with providing the appropriate meter / service / main to this site based upon the use including
any necessary system upgrades or extensions. The appropriateness and adequacy of electric, water and sewer
services and meters will be assessed at that time. (Please note that each water meter registered with the City of
Dover must have a separate service line.) Should the existing water and sanitary sewer services / mains no longer be
required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of
Dover Department of Public Works standards and specifications.
4. Any redevelopment shall adhere to the City of Dover Water/Wastewater Handbook, the Specifications, Standards &
Procedures for City of Dover Public Works requirements, and the City of Dover’s Electric Service Handbook.
5. Please note that renovations and or change of use projects must ensure that the water and wastewater service is
brought up to current requirements. This may include relocating the water meter outside or changing service line
sizes. Please ensure you schedule a meeting with the Department of Public Works during the planning phase for this
site. Additional impact fees may apply for future development
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. None
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE
C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 56
C F
I I
MI-15-07 T
Y
R
E
CITY OF DOVER
O M
DEVELOPMENT ADVISORY COMMITTEE F A
R
APPLICATION REVIEW COMMENTARY D S
O H
D.A.C. MEETING DATE: May 6th, 2015 V A
E L
R
APPLICATION: Northgate Center Parcel Consolidation and Right of Way Abandonment
FILE #: MI-15-07 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Timothy P. Mullaney Jr, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1) Future development could result in access requirements / changes to current plan.
2) Cul-de-sac must comply with most current edition of the Delaware State Fire Prevention
Regulations (Regulation 705, Chapter 5 Access for Emergency Personnel and Apparatus).
3) Fire hydrant locations need to be shown.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2012 NFPA Life Safety Code (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2012 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Page 57
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
D.A.C. MEETING DATE: April 28, 2015 T
===============================================================
APPLICATION: Northgate Center Parcel Consolidation and Right of Way
Abandonment
FILE#: MI-15-07 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
1. In order to be issued a Letter of No Objection (LONO), the Department will
require the applicant to provide the proper forms, fees, and plans.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
This development is located in the Dover US Route 13 / Bay Road Corridor
Transportation Improvement District (TID), which was established by an
agreement between DelDOT and the City of Dover on November 18, 2014.
Under this agreement, developers have the option to pay an Infrastructure Fee
when they apply for building permits as an alternative to DelDOT’s standard
development review process. Developers choosing to pay the fee are exempt
from any DelDOT requirement to do a Traffic Impact Study and will receive a
credit toward their fee for any offsite improvements they are required to build
beyond their entrance construction.
At present, DelDOT and the City are still working to establish a program of
Page 58
transportation improvements to be built in the TID and an Infrastructure Fee
to fund those improvements. As guidance, we offer the following rate
schedule, which was developed for the Southern New Castle County TID. We
anticipate that the fee structure to be developed for the Dover TID will be
comparable.
Detached Single Family Residential = $3,800 per unit
Attached Single Family Residential = $3,200 per unit
Multi‐Family Residential = $2,800 per unit
Commercial = $3.50 per square foot
General Office = $3.50 per square foot
Institutional = $2.00 per square foot
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the planning department as soon as possible.
Page 59
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
May 2015
APPLICATION: North Gate Center (FKA Stover Professional Campus)
FILE #: MI-15-07
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE
FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE
APPLICANT:
Source: 2014 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. The Kent Conservation District has no objection to the minor subdivision of the above referenced site.
2. The Kent Conservation District objects to the expunging of the stormwater drainage easement located on
lot #6.
ADVISORY COMMENTS TO THE APPLICANT:
1. A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land
disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.
2. The distribution of the stormwater maintenance responsibilities must be provided prior to final plan
approval.
Page 60
ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: May 15, 2015
PREPARED BY: Tim Taraila, Code Enforcement Supervisor; Ann Marie Townshend, AICP, Director of Planning and
Community Development
SUBJECT: 742 Slaughter Street, Dover, Delaware – Violation of Dangerous Building Ordinance
REFERENCE: Chapter 22, Article XI – Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22,
Article XI - Dangerous Buildings Case # 15-260, 14-2856, 10-2597 & 10-563
RELATED PROJECT: N/A
APPROVALS: N/A
EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting.
EXPENDITURE REQUIRED: Preliminary estimate is $15,000-$20,000.
AMOUNT BUDGETED: $150,000 Budgeted for all demolitions Citywide in the FY-2015 Budget; As of May 15,
2015, there is $56,638.38 remaining in the line item.
FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534-30-33.
TIMETABLE: As soon as possible.
RECOMMENDED ACTION:
1. Declare this building and all accessory structures on this property dangerous.
2. Order the property to be repaired or demolished by June 26, 2015 by the owner or equity owner at their own risk.
3. Order the Building Inspector to cause the demolition of the structures if not completed by the owner within 10
days of the date established by City Council.
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.
BACKGROUND AND ANALYSIS
The property is owned by Joe Burden, Jr (part ot the estate of Joe Burden Sr.). There are three separate structures on the
property. The first is a two-story wood-framed single family home that was converted into two apartments, (units A &
B). The second is a single-story wood framed single family home,(unit C), and the third is a small wooden barn. During
an annual housing inspection in 2010, numerous code violaitons were found in unit A, including electrical issues and
concerns regarding the structural integrity of the entire building. The owner was notified to have both an structural
engineer look at the house and to have an electrical inspection done. The owner failed to provide the structural
engineering report and the home was condemned as unfit for human occupancy in 2012. Units A & B are both
unoccupied. In February of 2015, the tenant of unit C requested an inspection from City Staff and the unit was found to
be in poor condition. There was no primary heat source, no working stove, structural deficiencies, and the septic system
had failed. The unit was condemned as unfit for human occupancy and vacated. Currently the structures are unoccupied,
with no active utility services and are in a serious state of disrepair.
Page 61
ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: 5-15-2015
PREPARED BY: Ann Marie Townshend, AICP, Director of Planning and Community Development
SUBJECT: 222 W Reed St, Dover, Delaware – Violation of Dangerous Building Ordinance
REFERENCE: Chapter 22, Article XI – Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22,
Article XI - Dangerous Buildings Case # 11-3449 & 13-1569
RELATED PROJECT: N/A
APPROVALS: N/A
EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting.
EXPENDITURE REQUIRED: Preliminary estimate is $15,000.
AMOUNT BUDGETED: $150.000.00 Budgeted for all demolitions Citywide in the FY-2015 Budget; As of May 15,
2015, there is $56,638.38 remaining in the line item.
FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534-30-33.
TIMETABLE: As soon as possible.
RECOMMENDED ACTION:
1. Declare this building and all accessory structures on this property dangerous.
2. Order the property repaired or demolished by June 26, 2015 by the owner or equity owner at their own risk.
3. Order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner
within 10 days of the date established by City Council.
4. Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or 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.
BACKGROUND AND ANALYSIS
The property is owned by the Union AME Church. The property is a two-story wood-framed single family home. The
house has been vacant since January 18, 2013, and is registered with the City as a Vacant Building. On November 7,
2011, staff from the Planning and Inspections Department conducted an annual housing inspection for the rental unit and
found numerous violations. The property owner did make repairs to life/safety issues but has made no further repairs
since the last inspection in March of 2012. The house has been vacant since January of 2013, and is registered with the
City as a Vacant Building. Currently the home is still vacant, with no utilities and numerous outstanding code violations.
Page 62
LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held on May 11, 2015 at
5:30 p.m. with Chairman Slavin presiding. Members present were Mr. Anderson, Mr. Shevock, and
Mr. Sudler (arrived at 5:44 p.m.). Mr. Hare was absent. Members of Council present were Mr. Dixon
and Mr. Hutchison.
AGENDA ADDITIONS/DELETIONS
Mr. Shevock moved for approval of the agenda, seconded by Mr. Anderson and unanimously
carried.
Proposed Ordinance #2015-09 Amending Chapter 62 - Law Enforcement, Article II - Police
Department, Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking,
Division 2 - Metered Parking, and Appendix F - Fees and Fines
Mrs. Traci McDowell, City Clerk, advised members that Proposed Ordinance #2015-09 was initiated
at Police Chief Paul Bernat’s request to codify the Dover Police Department’s cadet program. She
reviewed the amendments to the ordinance as follows:
• Line 7 - amended to clarify obedience to state and federal laws, as well as City
ordinances.
• Lines 9 and 10 - changed to state that the Police Chief would choose and appoint
the Deputy Police Chief.
• Lines 13 through 20 - amended to remove the requirement that the Police Chief
be selected from within the Police Department and to assign a Police Chief
Selection Committee. Mrs. McDowell indicated that this was a change that the
Mayor wanted to implement.
• Line 47 - changed by deleting the requirement that approval from the Mayor be
obtained before the Police Chief issues a subpoena. Mrs. McDowell advised
members that this change was requested by Councilman Hutchison.
• Lines 56-62 - Mrs. McDowell stated that Mr. William Pepper, Deputy City
Solicitor, mentioned that this section, which pertains to special police, was
antiquated and that no special police had been assigned in recent memory.
• Lines 63-87 - Mrs. McDowell explained that a new Section 62-38, Police cadet
program, was added to state the reasons for the creation of the program, as well
as its purpose and process for appointments, noting that appointees are assigned
to the program by the Police Chief. She stated that when Mr. Pepper wrote the
original ordinance, he wanted it to be very clear that the cadets were civilians and
not police officers and this was written into the ordinance.
• Lines 89-101 (Section 62-39) - amended at the request of Mrs. Donna Mitchell,
Controller/Treasurer, to ensure that found and stolen property is disposed of
according to the City’s Finance Department guidelines.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF MAY 11, 2015 PAGE 2
• Lines 111-113 and 125-165 (Sections 106-163 and 106-164) - Mrs. McDowell
explained that these amendments started with changing the threshold of
accumulated unpaid violations from $200 to $100 for placement of a parking
boot, as requested by Mrs. Mitchell. In reviewing this section, staff saw the need
to clarify the language in Section 106-164 pertaining to fees and fines.
Mrs. McDowell stated that she worked with Ms. Karen Hudson, Police
Department Records Administrator, on these amendments.
In regard to Section 106-163(a), Mr. Slavin questioned the use of the term “coin”, noting that bills
and debit cards may be used for payment. Mrs. McDowell stated that this could be amended prior
to the first reading of the ordinance.
Mrs. McDowell indicated that Section 106-164 included language that should have been contained
in Appendix F. She advised members that the changes in Appendix F reflected the fines and fees
being charged, including the fine for failure to pay and the amount of time allotted for a quarter or
dollar. She noted that the references in Appendix F were changed to correlate to the Code changes.
In response to Mr. Anderson, Mrs. McDowell stated that she did not believe that there would be any
charter changes associated with the ordinance amendments. She indicated that if the charter were
changed to move the Police Department under the City Manager, the ordinance would be amended
again. She confirmed that, under the ordinance, the Mayor would continue to appoint the Police
Chief.
In regard to Line 19, Mr. Anderson questioned the reason for the requirement for an affirmative vote
of two-thirds of City Council for the Mayor to remove the Police Chief, instead of a majority of
Council. Responding, Mrs. McDowell stated her belief that the Mayor wrote this provision and was
unsure why; however, she stated her belief that this would be a protection for the Police Chief.
Mr. Anderson indicated that every other appointed official can be removed by a majority; therefore,
he would probably propose that the Chief be appointed by the Mayor and affirmed by a majority of
Council. Mr. Slavin stated his assumption that this was included because a two-thirds vote would
be veto-proof. Chief Bernat stated that he was unsure of the reason for this requirement; however,
he wanted to bring it to the attention of members that Delaware Law outlines due process in regard
to police chiefs who serve in cities with populations less than 50,000. In response to Mr. Anderson
regarding whether this portion of State law pertains to the idea of a majority or two-thirds vote,
Chief Bernat stated that he was unsure.
Mr. Anderson stated the desire for consistency between all appointed positions. He stated that the
reason for a two-thirds vote could not be related to a veto since the Mayor would be doing the
removal. Mr. Anderson questioned why it was not spelled out specifically that removal would be
for cause. Responding, Chief Bernat stated that the Delaware Code specifies that removal must be
for cause and that the ordinance contains a caveat stating that removal must be in accordance with
applicable laws.
In regard to Line 180, Mr. Slavin questioned if the fees were in alignment with current practice. He
stated his understanding that there are some lots where the cost of parking is $1 for the entire day
and others that are premium space. This was confirmed by Mr. Koenig.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF MAY 11, 2015 PAGE 3
Mr. Slavin stated that this would have to be amended. He questioned how this process could be
made more fungible, so that as rates change there would not be a need to go back through the
ordinance process. Responding, Mrs. McDowell stated that the idea behind Appendix F, Fees and
Fines, was that these types of changes would be made in Appendix F. She indicated that she
obtained fine and parking information from the Police Department.
Mr. Slavin suggested contacting the Downtown Dover Partnership (DDP), noting that they have a
parking map and a census of all of the different types of spaces. Mrs. McDowell concurred, stating
that this would probably be included in a new section.
Mr. Shevock noted that rates are posted in parking lots close to the meters. He suggested stating in
the Code that fees would be as posted. Adjustments could then be made at the lot as fees are
changed. Mr. Slavin stated that part of the issue would be who has the authority to change the rates,
noting the desire to make the process easier without giving the authority to a different body.
Mr. Koenig stated his belief that the coin rate is $0.25 per hour or $1.00 per day; however, if a
vehicle is moved, the rate resets, and he indicated that the language should reflect this correctly.
Mr. Slavin expressed his belief that some parking places are not all-day spots, but are limited to a
maximum of two (2) hours so that they would turn over more quickly. Mr. Koenig stated that he
was unsure.
Mr. Slavin requested that Mrs. McDowell determine if an amendment would be necessary.
Mr. Shevock moved to recommend approval of Proposed Ordinance #2015-09 with the
amendments presented, seconded by Mr. Slavin and unanimously carried.
Third Budget Amendment - Rate Stabilization Fund
Mrs. Donna Mitchell, Controller/Treasurer, advised members that the City’s financial policy requires
the City to maintain operating budget balances at a minimum of 8% up to 12% for cash flow
requirements. These requirements are created by the City’s service being rendered prior to billing
the customer, so there is a month lag in revenue receipts for the services provided. The 8% equates
to less than 30 days of budgeted expenses or cash requirements.
Mrs. Mitchell explained that there had been some difficulty maintaining sufficient cash balances in
the Electric Fund during the past two (2) years due to significant fluctuations in the power supply
cost and load during extreme cold or hot months. She noted that this past February the cold weather
increased the City’s wholesale load by 8.4 million kilowatt hours over the budgeted load for the
month. Mrs. Mitchell indicated that the budgeted wholesale power supply cost per megawatt hour
was $75.19 for February 2015, and the actual cost was $105.08 per megawatt hour due to PJM
market pricing. In order to pay the weekly PJM invoices, staff took temporary advances from other
accounts. Mrs. Mitchell stated that, for this reason, an additional transfer of $1M was recommended
from the Rate Stabilization Reserve, over the $2M originally budgeted in FY 15, to address the cash
requirements. She informed members that during the upcoming budget workshops for FY 16, staff
would be recommending a policy change to require a minimum budget balance of 12%, or 45 days
of cash requirements, for the Electric Fund. Mrs. Mitchell explained her intent, when the proposed
FY 16 budget is brought forth, to include a column for the revised FY 15 budget amendment.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF MAY 11, 2015 PAGE 4
Staff recommended the transfer of an additional $1M from the Rate Stabilization Reserve to the
Electric Operating Fund in FY 15 to address cash flow requirements.
Mr. Anderson questioned how much this would leave in the Rate Stabilization Fund. Responding,
Mrs. Mitchell stated that this transfer would bring the fund down to approximately $7M. She noted
that in the draft budget being prepared for FY 16, an additional $3M would be taken from the fund,
bringing the balance down to 10% of power supply, which is the percentage stated in the policy.
Between the extra $1M this year and the $3M being proposed for next year, the rate stabilization
reserve would be down to the minimum policy limit.
Mr. Anderson moved to recommend approval of staff’s recommendation to allow the
additional transfer of $1M from the rate stabilization reserve to the Electric Operating Fund
for FY 2015. The motion was seconded by Mr. Shevock and unanimously carried.
Evaluation of Proposal - Investment Banking Custody Services
During the Legislative, Finance, and Administration Committee meeting held on April 27, 2015,
Mrs. Donna Mitchell, Controller/Treasurer, reviewed the details regarding proposals received for
Investment Banking Custody Services. Staff recommended awarding the Investment Custody
Services to Union Bank for a three (3) year period to start the date of the contract, which may be
renewed or extended for two (2) additional two (2) year periods by mutual consent and approval of
City Council. Members recommended that Mrs. Mitchell go back and ask for a best and final offer
from all five (5) respondents.
Mrs. Mitchell explained that staff contacted the banks that submitted proposals and requested their
best and final offers. Upon reviewing this information, she stated that staff’s recommendation had
changed. Staff now recommended awarding Investment Custody Services to Wilmington Trust for
a three (3) year period, to start the date of contract, which may be renewed or extended for two (2)
additional two (2) year periods by mutual consent and approval of City Council.
Noting that Wilmington Trust’s proposal was approximately $2,500 higher than Union Bank’s,
Mr. Anderson asked if the recommendation was based upon easy access, convenience, and ability
for requesters to deal locally with staff. Responding, Mrs. Mitchell stated that the basis for
recommending this particular bid was that it is a local bank that is very involved in the community
and community events.
In response to Mr. Anderson, Mrs. Mitchell indicated that staff time and interaction were not factors
because interaction will be through the internet. The recommendation was based on local
relationships and community events.
Responding to Mr. Sudler, Mrs. Mitchell stated that Wilmington Trust and M & T Bank’s
contribution to the community would definitely exceed $2,500, noting their involvement in the
Dover 4th of July Celebration.
Mr. Sudler moved to recommend approval of staff’s recommendation to award Investment
Custody Services to Wilmington Trust for a three (3) year period, to start the date of the
contract, which may be renewed or extended for two (2) additional two (2) year periods by
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF MAY 11, 2015 PAGE 5
mutual consent and approval of City Council. The motion was seconded by Mr. Anderson and
unanimously carried.
Mrs. Mitchell expressed her thanks to members for their support of the Finance Department and all
of their efforts during the past couple of years.
Mr. Sudler moved for adjournment, seconded by Mr. Shevock and unanimously carried.
Meeting adjourned at 5:50 p.m.
Timothy A. Slavin
Chairman
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CITY OF DOVER City Council Meeting
May 26, 2015
FISCAL YEAR JULY 1, 2014 TO JUNE 30, 2015
1 of 2
QUARTERLY REVENUE REPORT
As of April 2015
FY15 83.0%
FY15 REVISED YTD % BUDGET FY15 FY16 FY14 FY13
GENERAL FUND BUDGET BUDGET REVENUES RECEIVED PROJ'D Proposed COMMENTS REVENUES REVENUES
1 Property Taxes $ 10,782,200 $ 10,782,200 $ 10,813,500 100.3% $ 10,815,500 $ 12,953,000 April - last qtrly billing for 2015 $ 10,777,800 $ 10,768,800
2 Payment In Lieu of Taxes 317,000 317,000 330,500 104.3% 330,500 398,700 316,700 357,600
3 Transfer from Electric Fund 10,000,000 10,000,000 7,836,000 78.4% 10,000,000 10,000,000 8,000,000 8,000,000
4 Intrafund Service Receipts Electric 3,508,100 3,588,200 2,756,300 76.8% 3,406,300 3,773,300 3,427,300 3,195,800
5 Transfer from Transfer Tax Fund 1,250,000 1,250,000 1,364,000 109.1% 1,649,600 1,340,000 1,544,100 1,108,000
6 Business Licenses 1,460,000 1,460,000 1,398,200 95.8% 1,460,000 1,425,000 1,494,300 1,462,500
7 Intrafund Service Receipts Water/Wastewater 1,354,900 1,371,100 1,059,800 77.3% 1,309,800 1,504,500 1,218,900 1,046,500
8 Sanitation Fees 2,595,600 2,595,600 2,149,500 82.8% 2,580,000 2,580,000 2,595,600 2,624,900
9 Permits & Other Licenses 1,354,200 1,354,200 1,436,500 106.1% 1,465,100 1,436,300 Grass cutting/vacant bldng accounting chg. 1,597,300 1,162,800
10 Transfer from Municipal Street Aid Fund 663,900 664,200 498,500 75.1% 664,200 564,200 664,900 531,100
11 Fines & Police Revenue 629,300 629,300 586,100 93.1% 689,300 702,300 Charter School Resource Officer added 653,600 612,200
12 Police Extra Duty Fees 659,500 659,500 219,100 33.2% 469,800 533,000 562,900 703,600
13 Transfer from Police Grant Funds 124,000 124,000 88,800 71.6% 124,000 74,400 80,200 170,300
14 Court of Chancery Fees 1,023,000 1,023,000 830,300 81.2% 1,074,400 1,065,100 1,034,500 917,700
15 Transfer from Water/Wastewater Fund 500,000 500,000 500,000 100.0% 500,000 850,000 500,000 500,000
16 Transfer from Contingency - 50,000 50,000 0.0% 50,000 - Offset by increase in Public Safety Exp. 250,000 -
17 Transfer from Civil Traffic Penalties Fund 500,000 500,000 348,800 69.8% 408,800 450,000 Trending low; Vendor change in 2/15 357,500 299,800
18 Library Revenues & County Reciprocal Pymt 521,600 561,600 470,200 83.7% 521,600 522,000 498,600 471,100
19 Franchise Fees 636,000 636,000 426,300 67.0% 596,300 672,300 648,300 618,300
20 General Fund Grant Receipts 623,500 623,500 194,800 31.2% 426,500 673,500 Offset by transfer to Police Pension Trust 571,000 671,600
21 Recreation Revenue 148,800 148,800 107,400 72.2% 148,800 149,000 151,900 144,500
22 Other Miscellaneous Receipts 159,300 159,300 117,100 73.5% 135,400 128,400 175,500 278,700
23 Interest Income 40,000 40,000 24,000 60.0% 26,000 35,000 29,000 93,200
24 2014 Bond Proceeds (Refinance 2003 Bonds) - - 475,000 0.0% 475,000 - Offset by debt service payments; - -
TOTALS $ 38,850,900 $ 39,037,500 $ 34,080,700 87.7% $39,326,900 $ 41,830,000 $ 37,149,900 $ 35,739,000
Final Budget $ 37,127,200 $ 35,569,000
Page 68
CITY OF DOVER City Council Meeting
May 26, 2015
FISCAL YEAR JULY 1, 2014 TO JUNE 30, 2015
2 of 2
QUARTERLY REVENUE REPORT
As of April 2015
FY15 83.0%
FY15 REVISED YTD % BUDGET FY15 FY16 FY14 FY13
WATER/WASTEWATER FUND BUDGET BUDGET REVENUES RECEIVED PROJ'D Proposed COMMENTS REVENUES REVENUES
1 Water Fees $ 4,616,400 $ 4,616,400 $ 3,957,300 85.7% $ 4,616,400 $ 6,200,000 $ 4,459,800 $ 4,551,800
2 Wastewater Fees 3,706,800 3,706,800 3,087,700 83.3% 3,706,800 3,728,000 3,562,400 3,564,600
3 Wastewater Adjustment Fees - County Trtmt 2,902,600 2,902,600 2,442,900 84.2% 2,902,600 3,026,500 2,930,300 2,926,600
4 Groundwater Inflow Adjustment 1,862,500 1,862,500 1,505,300 80.8% 1,862,500 1,864,300 1,316,200 1,314,000
5 Water Impact Fees 472,700 472,700 248,500 52.6% 462,400 250,000 252,200 220,400
6 Wastewater Impact Fees 427,900 427,900 221,300 51.7% 416,700 250,000 230,200 386,000
7 Water Tank Space Leasing 331,900 331,900 282,500 85.1% 331,900 341,900 360,300 300,100
8 Interest Income 23,000 23,000 1,700 7.4% 23,000 3,000 - 13,500
9 Other Miscellaneous Revenues 156,600 156,600 54,000 34.5% 64,000 64,000 61,300 73,300
10 Grant Receipts - - - 0.0% - - - 50,900
TOTALS $ 14,500,400 $ 14,500,400 $ 11,801,200 81.4% $14,386,300 $ 15,727,700 $ 13,172,700 $ 13,401,200
Final Budget $ 13,023,500 $ 13,822,200
FY15 83.0%
FY15 REVISED YTD % BUDGET FY15 FY16 FY14 FY13
ELECTRIC REVENUE FUND BUDGET BUDGET REVENUES RECEIVED PROJ'D Proposed COMMENTS REVENUES REVENUES
1 Sales to Customers $ 78,043,000 $ 78,043,000 $ 64,696,600 82.9% $ 76,543,700 $ 78,279,200 Residential load -5%; $1M budget error; $ 76,928,300 $ 86,887,400
3 Utility Tax 1,296,900 1,296,900 1,054,800 81.3% 1,258,300 1,281,100 1,259,000 1,443,900
4 Transfer from Rate Stabilization Reserve 2,000,000 2,000,000 2,000,000 100.0% 3,000,000 3,000,000 7,000,000 5,400,000
5 Miscellaneous Revenue 954,600 954,600 1,071,200 112.2% 952,000 927,800 906,400 2,026,100
6 Interest Income 12,000 12,000 11,900 99.2% 12,000 47,900 213,200 137,700
7 Intrafund Service Fees - Water/Wastewater - - - 0.0% - - 130,800 136,400
TOTALS $ 82,306,500 $ 82,306,500 $ 68,834,500 83.6% $81,766,000 $ 83,536,000 $ 86,437,700 $ 96,031,500
Final Budget $ 88,283,600 $ 95,971,700
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City of Dover
COUNCIL PRESIDENT’S COMMITTEE APPOINTMENTS - 2015/16
(Deferred During the Annual Meeting of May 11, 2015)
1. CITY CHAPLAINS
A. Chaplain Wallace R. Dixon of Bibleway Temple Church of God in Christ
B. Reverend Theodore A. Henderson of Dover Christian Church
C. Bishop Thomas L. Holsey of Bibleway Temple Church of God in Christ
2. CIVILIAN PENSION PLAN - BOARD OF TRUSTEES - The duties of this board are to manage
the city employees' pension plan. Consists of seven (7) members - two (2) elected City officials, the
City Manager, the City Controller/Treasurer and three (3) elected by eligible employees, with three (3)
year staggered terms with elections held in June.
A. David L. Anderson
B. Scott W. Cole
3. COMPENSATION COMMISSION - To consider compensation for the Mayor, City Council, and
paid members of City Committees and Commissions. The compensation commission shall consist
of five members, one (1) member appointed by the mayor, one (1) member appointed by the council
president, and three (3) members appointed by city council during the annual meeting. Members shall
be city residents who are registered to vote in city elections. Members shall serve two-year terms and
cannot be reappointed within the next two (2) years. The controller/treasurer and human resources
director shall serve as ex-officio, nonvoting members.
Council President Slavin requests that this appointment be deferred
4. CONSTRUCTION CODE APPEALS COMMITTEE - This committee shall hear appeals by any
person aggrieved by a decision of the building inspector in respect to the provisions of Chapter 22
- Buildings and Building Regulations (Plumbing, Mechanical, and Fire Prevention). Consists of
three (3) members - two (2) elected City officials and the City Manager.
A. Roy Sudler, Jr. - Chair
B. Brian E. Lewis
C. Scott D. Koenig - City Manager
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COUNCIL PRESIDENT APPOINTMENTS - 2015/2016 COMMITTEES PAGE 2
5. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE - This committee advises
the city council on proposed Charter amendments, ordinances to be adopted or amended, and
other legislative matters; financial matters, including the city's budget, assessments, and taxation
and administrative issues, policy, procedures, and operations of the city. The committee advises
the city council regarding matters relating to the mayor, council, city manager's office, finance
department, administrative services, city clerk's office, tax assessor's office, human resources
department, central services department, information technology department, election board,
pension boards, and any other departments, committees, and other areas as deemed appropriate.
Consists of five (5) members - three (3) elected City officials and two (2) City residents. Four (4)
members shall be appointed by the Council President and one (1) member shall be appointed by the
Committee Chair.
A. William F. Hare - Chair
B. Scott W. Cole
C. Roy Sudler, Jr.
D. Daniel T. Shevock (Appointed by Council President)
E. Andrea Maucher (Appointed by Committee Chair)
6. OTHER POST-EMPLOYMENT BENEFITS (OPEB) TRUST FUND BOARD - This board shall
adopt a trust agreement for the OPEB fund (and may amend the trust agreement from time to
time), shall take all actions necessary and appropriate to establish and maintain the OPEB fund
as a trust that is exempt from taxation under Internal Revenue Code § 115 [26 U.S.C. § 115]. The
trust shall be maintained and administered by the board solely for the benefit of participants,
retirees, and beneficiaries by providing payments for retiree health insurance for medical care in
compliance with Internal Revenue Code § 105 [26 U.S.C. § 105] and with the Dover Code as
presented and verified by representatives and/or retiree health insurance service providers of the
city. Consists of five (5) members - the controller/treasurer, human resources director, city manager,
and two (2) elected city officials.
A. Scott W. Cole
B. James E. Hosfelt, Jr.
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COUNCIL PRESIDENT APPOINTMENTS - 2015/2016 COMMITTEES PAGE 3
7. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE - This
committee advises the city council on parks, playgrounds, open space, and other recreational
facilities and programs; matters relating to the community enhancements by reviewing and
commenting on community plans, and recommends appropriate funding for each community
improvement project; advises the city council on landscaping and beautification programs and
tree preservation requirements, and assists in developing an understanding of the objectives and
methods of tree conservation. The Committee advises city council regarding matters relating to
the parks and recreation department, planning department, grounds department, community
development, Silver Lake Commission, Greater Dover Arts Council, library commission, and
other areas as deemed appropriate, including funding. Consists of five (5) members - three (3)
elected City officials and two (2) City residents. Four (4) members shall be appointed by the Council
President and one (1) member shall be appointed by the Committee Chair.
A. David L. Anderson - Chair
B. James E. Hosfelt, Jr.
C. Brian E. Lewis
D. * (Appointed by Council President)
E. * (Appointed by Chairperson)
8. POLICE PENSION PLAN - RETIREMENT COMMITTEE - This committee shall administer
the [retirement] plan and shall have the power and the duty to take all action and to make all
decisions necessary or proper to carry out the plan. Consists of seven (7) members - two (2) elected
City officials, the City Manager (Ex-Officio), Chief of Police (Ex-Officio), and three (3) elected by
members of the plan to three (3) year staggered terms, with elections held in January and presented to
Council for confirmation.
A. David L. Anderson
B. Scott W. Cole
9. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE - This committee advises the
city council on public safety issues, policies, procedures, and operations relative to emergency
operations, and fire and police services. The Committee shall act as an advisory committee to the
city council regarding matters relating to the police department, fire department, department of
inspections, and other areas as deemed appropriate. Consists of five (5) members - three (3) shall
be elected City officials and two (2) shall be City residents. Four (4) members shall be appointed by the
Council President and one (1) member shall be appointed by the Committee Chair.
A. James E. Hosfelt, Jr. - Chair
B. James L. Hutchison, Sr.
C. Roy Sudler, Jr.
D. Dana Shelton (Appointed by Council President)
E. Thomas J. Keller, Jr. (Appointed by Committee Chair)
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COUNCIL PRESIDENT APPOINTMENTS - 2015/2016 COMMITTEES PAGE 4
10. UTILITY COMMITTEE - This committee advises the city council on the installation,
maintenance, repair, improvement, and relocation of electric, water, sewer, streets, communication
utilities and other infrastructures within the city and lawfully extending beyond the city corporate
limits; shall advise the city council on the issue of utility consumption rates, suggested code
amendments, and condemnation of public rights-of-way; and shall act as an advisory committee
to determine and establish utility issues, policies, procedures, and operations relative to electric,
water, sewer, communications, etc., including, but not limited to, nonconsumption utility fees,
utility extensions, impact fees, and service connection fees. The Committee shall act as an advisory
committee to the city council regarding matters relating to the electric department, and public
works department, including water, sewer, and sanitation divisions, and other areas as deemed
appropriate. Consists of five (5) members - three (3) shall be elected City officials and two (2) shall
be City residents. Four (4) members shall be appointed by the Council President and one (1) member
shall be appointed by the Committee Chair.
A. James L. Hutchison, Sr. - Chair
B. *
C. Fred A. Neil
D. Courtney Stewart (Appointed by Council President)
E. Lester L. Blakeman, Sr. (Appointed by Committee Chair)
11. MISCELLANEOUS APPOINTMENTS
A. Central Delaware Chamber of Commerce Liaison Members (Honorary)
a-1. Mayor Robin R. Christiansen, Ex-Officio (Non-Voting member)
a-2. William F. Hare (Guest)
a-3. William G. Neaton, Director of Economic Development (Guest)
B. City/County Committee (Liaison to Kent County)
b-1. Mayor Robin R. Christiansen
b-2. Council President Timothy A. Slavin
b-3. William F. Hare
b-4. James L. Hutchison
b-5. Fred A. Neil
b-6. Scott Koenig, City Manager
C. Kent County Tourism Board of Directors (Voting Liaison)
c-1. Fred A. Neil
D. Kent Economic Partnership Board of Directors - Voting Liaison Member
d-1. William F. Hare
FORMS ANNLMTG.CP Prepared by: City Clerk's Office/tm
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City of Dover
MAYOR’S COMMITTEE APPOINTMENTS - 2015/16
(Deferred During the Annual Meeting of May 11, 2015)
1. COMPENSATION COMMISSION - To consider compensation for the Mayor, City Council, and paid
members of City Committees and Commissions. The compensation commission shall consist of five (5)
members, one (1) member appointed by the mayor, one (1) member appointed by the council president, and
three (3) members appointed by city council during the annual meeting. Members shall be city residents who
are registered to vote in city elections. Members shall serve two (2) year terms and cannot be reappointed
within the next two (2) years. The controller/treasurer and human resources director shall serve as ex-officio,
nonvoting members.
Mayor Christiansen requests that this appointment be deferred
2. DOWNTOWN DOVER PARTNERSHIP BOARD OF DIRECTORS - To promote the public welfare
of the residents of the City of Dover by promoting and furthering the development of the economic,
cultural, and historic resources in the downtown area, and to improve the opportunities for job
creation, broaden the tax base through the development of the commercial and residential potential of
the Central Dover area, and to maintain and restore the historic architectural and community qualities
of the downtown area consistent with the goals of the National Main Street Program.
Consists of twenty-one (21) directors appointed from two (2) categories: governmental agency appointees and
appointees from the private sector.
State Government (5)
Mayor Christiansen requests that this appointment be deferred
3. PROPERTY MAINTENANCE CODE BOARD OF APPEALS - To review appeals of the building
inspectors’ decisions with regards to property maintenance issues, including vacant buildings. Consists
of three (3) members, one (1) being a resident generally selected as a representative of homeowners, one (1)
representative of the local real estate industry association, and one (1) member shall be the City Manager.
A. Adam M. Perza
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Rev. 05/22/15
Page 74
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2015-09
WITH STAFF AMENDMENT #1 (SA#1)
(Staff Amendment #1 indicated in green text)
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 62 - Law Enforcement, Article II - Police Department, of the Dover Code be amended by
4 deleting the text indicated in red strikeout and inserting the bold, blue text, as follows:
5 Sec. 62-31. - Generally.
6 (a) Established. There shall be a city police department, which shall preserve peace and order and,
7 within the city limits, compel obedience to all city ordinances, state, and federal laws the law.
8 (b) Officers. The city council shall, upon adoption of the annual budget, designate the number and
9 salaries of the individual police officers who shall comprise the police department. The mayor police chief
10 shall choose and appoint the deputy police chief and police officers.
11 (Code 1968, § 2-32; Code 1981, § 18-1; Ord. of 11-26-1990, § 4)
12 Sec. 62-32. - Chief of police generally.
13 (a) Designation. One of the regular members of the police department shall be designated by the
14 mayor to serve as chief of police. A police chief selection committee comprised of the mayor, council
15 president, chair of the safety advisory and transportation committee, city manager, and human
16 resources director shall advise the mayor on the nomination of the police chief. The mayor shall
17 nominate a duly qualified chief of police, whose appointment shall be effective upon confirmation by
18 the city council. The chief of police shall be subject to removal at any time by the mayor, with the
19 affirmative vote of two-thirds of the members elected to the city council, and in accordance with
20 applicable laws 11 Del. C. Ch. 93 - Police Chief Due Process.
21 (b) Functions. The chief of police shall have the authority to supervise and direct the police department
22 and, pursuant to such authority, he shall promulgate police department rules and regulations, three copies
23 of which are on file at the police department.
24 (c) Reports. The chief of police shall submit monthly reports to the city council giving the number of
25 arrests and other pertinent information required by the city council.
26 (Code 1968, §§ 2-40, 2-41, 2-44; Code 1981, § 18-1.1)
27 Sec. 62-33. - Oath of police officers.
28 Every police officer, before entering upon his duties, shall be sworn by the mayor to perform his duties
29 faithfully.
30 (Code 1968, § 2-35; Code 1981, § 18-2)
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Proposed Ordinance #2015-09 - Chapter 62 - Law Enforcement and Chapter 106 - Traffic and Vehicles Page 2
31 Sec. 62-34. - Enforcement of laws and ordinances.
32 It shall be the duty of each police officer to diligently inquire into the observance of the laws and ordinances
33 within the city and, in case of a breach, to cause the offender to be legally proceeded against.
34 (Code 1968, § 2-36; Code 1981, § 18-3)
35 Sec. 62-35. - Authority to preserve order at fires.
36 The police department shall have the authority, upon an alarm of fire, to report to the scene of a fire to
37 preserve order and render any assistance to the fire department that may be practical.
38 (Code 1968, § 2-38; Code 1981, § 18-4)
39 Sec. 62-36. - Disciplinary authority of chief of police.
40 (a) Generally. The chief of police shall have final disciplinary authority and responsibility within the
41 police department, subject to appeals to the mayor, and shall promulgate and carry out such disciplinary
42 procedures as may be needed within his command. The chief of police shall, where cause exists, have the
43 authority to suspend from duty an employee for a period of time not to exceed 30 days, to reduce employees
44 in rank or pay grade, to place employees on probation and to suspend such sanctions as the need arises, or
45 to dismiss an employee from service.
46 (b) Appeal. Any employee so disciplined has the right to appeal, on the record, to the mayor.
47 (c) Subpoenas. The chief of police, with approval from the mayor, shall, for the limited purpose of
48 compelling the appearance of witnesses before the professional standards board of the city police
49 department, sitting for the purpose of affording due process to members of the city police department in
50 disciplinary matters, have the power to issue subpoenas for that purpose.
51 (Code 1968, §§ 2-42, 2-43; Code 1981, § 18-5; Ord. of 10-28-1985; Ord. of 3-10-1986)
52 Sec. 62-37. - Mayor to advise council of personnel changes.
53 The mayor shall advise the city council of any change in the personnel of the police department at the next
54 regular city council meeting following the change.
55 (Code 1968, § 2-33; Code 1981, § 18-5.1)
56 Sec. 62-38. - Special police.
57 (a) Appointment. Whenever, in the opinion of the mayor, an emergency exists, he shall have the
58 power to appoint one or more special police officers, with all the powers and authority of regular
59 police officers, during the period of the emergency.
60 (b) Term. The special police officers shall not serve for a term of more than 30 days without the
61 approval of the city council.
62 (Code 1968, § 2-34; Code 1981, § 18-6)
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Proposed Ordinance #2015-09 - Chapter 62 - Law Enforcement and Chapter 106 - Traffic and Vehicles Page 3
63 Sec. 62-38. - Police cadet program.
64 (a) Created; purpose. Due to the continuing safety and security concerns expressed by
65 merchants, patrons, and residents in the downtown area, city council has authorized the
66 Police Cadet Program to maintain a more visible presence in the downtown area City of
67 Dover. The city manager and police chief shall expand or contract the number of police
68 cadets at their mutual discretion. The objectives of the Police Cadet Program are to:
69 1. Allow downtown merchants to build a rapport with the police cadets, allowing the
70 police cadets to understand their needs.
71 2. Provide additional patrols to curb loitering, alcohol violations and pan handlers.
72 3. Provide additional patrols to curb noise ordinance violations (loud music from vehicles).
73 4. Provide additional patrols to curb harassment complaints.
74 5. Provide additional patrols in the Dover Public Library.
75 6. Allow the police department to screen and vet the police cadets for future employment
76 as Dover police officers.
77 7. Provide a feeling of safety to the downtown patrons, as well as the downtown
78 merchants, and the residents of the City of Dover.
79 (b) Appointment. The chief of police shall assign the authorized number of duly qualified
80 individuals to the Police Cadet Program. The cadets shall be civilian employees of the
81 police department and shall not be considered law-enforcement officers within the meaning
82 of 11 Del. C. Ch. 92 - Law-Enforcement Officers' Bill of Rights.
83 (c) Authority. The police cadets shall have the authority to issue summonses for violations of
84 any ordinance of the City of Dover. The police cadets shall not have the authority to
85 enforce the Delaware Code or make arrests for violations of the Delaware Code.
86 (d) Oath. Every police cadet, before entering upon his or her duties, shall take an oath to
87 faithfully perform his or her duties.
88 Sec. 62-39. - Sale of property.
89 (a) Authorized. The chief of police shall have the authority to hold a sale dispose of personal property
90 held by the police department for a period in excess of one year, which said personal property shall be
91 unclaimed evidence, lost and found articles, confiscated articles and any other items of personal property
92 which have come into the hands of the members of the police department and have been held for a period
93 of one year, if the owner or owners of the same shall be unknown or said property has been unclaimed.
94 (b) Auction Disposal. The chief of police shall cause to be sold dispose of the said property in
95 accordance with the disposition policy and procedures as established by the City’s Finance
96 Department. at a public auction and shall advertise by publishing notice of said sale in one issue of
97 a newspaper circulated in the city at least ten days before the date of the sale, which said notice shall
98 merely state that a sale of unclaimed personal property shall be held by the police department, giving
99 the date, time and place of said sale without specifying any of the items to be sold. The proceeds of said
100 sale shall be retained by the police department City to be used solely for police pensions as established
101 in Section 62-74(d). of the police department.
102 (Code 1968, § 2-44.1; Ord. of 10-28-1974, § 1; Code 1981, § 18-7; Ord. of 7-14-2003)
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Proposed Ordinance #2015-09 - Chapter 62 - Law Enforcement and Chapter 106 - Traffic and Vehicles Page 4
103 Secs. 62-40-62-70. - Reserved.
104 BE IT FURTHER ORDAINED:
105 That Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 2 - Metered
106 Parking, be amended by deleting the text indicated in red strikeout and inserting the bold, blue text, as
107 follows:
108 Sec. 106-163. - Use of meters required.
109 (a) Deposit coin Payment. Upon entering a parking meter zone when the parking meter regulations
110 are in effect, the operator of a vehicle shall immediately deposit make the required payment in
111 U.S. currency by coin, cash, debit card, credit card, or other acceptable method of
112 payment, in the parking meter situated at or near the parking space and operate the meter
113 according to the instructions thereon. Failure to deposit make the required coin in the parking
114 meter payment shall result in a fine as provided for in Appendix F - Fees and Fines.
115 (b) Coins Payments accepted. All parking meters shall be adjusted so that when properly operated,
116 coins payments may be deposited made at any time throughout the time range of the meters,
117 with each coin payment permitting the vehicle to be parked in a metered parking space for a
118 period as provided for in Appendix F-Fees and Fines.
119 (c) Overtime parking. It shall be unlawful for any person to allow a vehicle to remain parked in a
120 parking meter zone for a period of time in excess of that prescribed in subsection (b) of this
121 section for the particular amount deposited payment. It shall be prima facie evidence of an
122 overtime parking violation when the parking meter shall indicate by proper signal that the lawful
123 parking period has expired.
124 (d) Exceptions. The use of parking meters shall not be required on Sundays and legal holidays.
125 (Code 1968, §§ 31-73, 31-74; Code 1981, § 13-48; Ord. No. 2009-09, 6-22-2009)
126 Sec. 106-164. - Violations; penalties.
127 (a) Generally. Any person convicted of violating the provisions of this division article or of aiding,
128 abetting or assisting in the violation of said provisions shall be sentenced to pay a fine as
129 provided for in Appendix F—Fees and Fines. After the expiration of 24 hours, the violator
130 may pay the sum as provided for Appendix F—Fees and Fines, if payment is made
131 voluntarily prior to the time and date set forth in the summons.
132 (b) Fourth violation. Any person committing a fourth violation within any 30-day period of the
133 provisions of this division within one hour from the time that the summons giving notice
134 of the violation is issued, may pay as provided for Appendix F—Fees and Fines. After the
135 expiration of one hour from the issuance of the summons, the violator may pay each such
136 violation as provided for Appendix F—Fees and Fines, if payment is made voluntarily
137 prior to the time and date set forth in the summons.
138 (c) Fifth violation, etc. Any person committing more than four violations within any 30-day
139 period of the provisions of this division may pay the sum as provided for Appendix
140 F—Fees and Fines, if payment is made voluntarily prior to the time and date set forth in
141 the summons.
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142 (d) (b) Enhanced civil enforcement authority. If five or more violations of this article have been
143 issued to a vehicle and those violations are more than 30 days past due, or if accumulated
144 unpaid violations of this article exceed more than $200.00 $100.00, the vehicle shall be
145 subject to enhanced civil enforcement, as follows:
146 (1) Such vehicle found parked on any street in the city shall be immobilized by any police officer
147 or parking enforcement employee of this city in such manner as to prevent its operation. Any
148 vehicle so immobilized or impounded shall not be released to its lawful owner until all
149 unpaid violations and applicable administrative fees issued to such owner have been
150 discharged by payment in full, together with payment for the costs of immobilizing,
151 releasing, and storing such vehicle. The owner shall sign a receipt for such vehicle. Payment
152 for any such towing shall be in accordance with the towing costs outlined in the current
153 agreement between the police department and the towing operator. If the vehicle is a
154 tractor-trailer combination, the trailer may be released to an authorized agent if the
155 tractor-trailer is immobilized pursuant to this section.
156 (2) In any case involving immobilization of a vehicle pursuant to this section, the police officer
157 or parking enforcement employee shall place on such vehicle, in a conspicuous manner,
158 notice sufficient to warn any individual that such vehicle has been immobilized and that any
159 attempt to move such vehicle might result in damage to such vehicle.
160 (3) Any vehicle remaining immobilized and not released for 120 hours may be towed and
161 impounded at the direction of a police officer or parking enforcement employee.
162 (4) Any person who unlawfully removes a device for immobilization of a vehicle shall be fined
163 as provided for in Appendix F—Fees and Fines.
164 (5) Any person who tows or otherwise moves an immobilized vehicle without authorization by
165 the chief of police or his designee shall be fined as provided for in Appendix F—Fees and
166 Fines.
167 (e)(c) Cost. No cost will be assessed if payment of the penalty as hereinbefore imposed is
168 voluntarily paid without the necessity of a hearing before the proper official.
169 (Code 1968, § 31-77; Ord. of 8-25-1971, § 1; Code 1981, § 13-49; Ord. No. 2009-09, 6-22-2009; Ord. No.
170 2011-22, 9-26-2011)
171 BE IT FURTHER ORDAINED:
172 That Appendix F - Fees and Fines, of the Dover Code be amended by deleting the text indicated in red
173 strikeout and inserting the bold, blue text, as follows:
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174 Chapter 106—Traffic and Vehicles, Article III—Stopping, Standing and Parking, Division 1—Generally
175 Sec.
Residential parking
176 106-135
Display of an expired
sticker while in violation of
the two-hour parking limit
Subsec. requirement will result in a
Expiration; Two-hour parking
(i)(1) $15.00 $20.00 fine or $10.00
$15.00 if paid within 72
hours of issuance of such
fine
Display of a sticker which
has become ineligible due
to a change of residence,
status or any other reason
(i.e., sells, leases, lends, etc.)
Subsec. while in violation of the
Expiration; Change of residence, etc. .....
(i)(2) two-hour parking limit
requirement will result in a
$15.00 $20.00 fine or $10.00
$15.00 if paid within 72
hours of issuance of such
fine
Any violation of this section
not having a stated, specified
penalty will result in a
Subsec.
Violations; penalties ..... $15.00 $20.00 fine or $10.00
(m)
$15.00 if paid within 72
hours of issuance of such
fine
177 Sec.
Parking areas for persons with disabilities
178 106-137
Failure to achieve
compliance within 30
calendar days of the issuance
Subsec.
Signage; Fines ..... of the notice of violation
(c)(3)
shall be subject to the fines
set forth in subsection (f) of
this section
Whoever violates this section
shall be fined not less than
Subsec.
Penalties ..... the minimum fine as defined
(f)
in 21 Del. C. § 4183 at the
time the violation occurred
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179 Chapter 106—Traffic and Vehicles, Article III—Stopping, Standing and Parking, Division 2—Metered
180 Parking
181 Sec.
Use of meters required
182 106-163
$20.00 fine or $15.00 if
Subsec. Failure to deposit make the required
paid within 72 hours of
(a) coin payment in the parking meter
issuance of such fine
Subsec.
Coins Payments accepted
(b)
Permits the vehicle to be
Each $0.01 $0.25 coin ..... parked for a period of 12
minutes one hour
Permits the vehicle to be
parked for a period of 60
minutes during for the
Each $0.05 coin $1.00 .....
duration of the
enforcement period of
8:00 a.m. to 5:00 p.m.
183 Sec.
Violations; penalties
184 106-164
Subsec. Generally; Each violation if paid within A fine of not less than $1.00
(a) 24 hours from time summons giving for each violation
notice of violation is issued .....
Subsec. Generally; Each violation if paid after $2.00 for each violation, if
(a) expiration of 24 hours from time payment is made voluntarily
summons giving notice of violation is prior to the time and date set
issued ..... forth in the summons
Subsec. Fourth Violation; Each violation if paid $1.00 for each such violation
(b)(a) within one hour from time summons
giving notice of violation is issued .....
Subsec. Fourth Violation; Each violation if paid $2.00 for each violation, if
(b)(a) after expiration of one hour from time payment is made voluntarily
summons giving notice of violation is prior to the time and date set
issued ..... forth in the summons
Subsec. Fifth violation, etc.; Any person $5.00 for each such violation,
(b)(a) committing more than four violations if payment is made voluntarily
within any 30-day period of the prior to the time and date set
provisions of this division ..... forth in the summons.
Subsec. Any person who unlawfully removes a $500.00 fine for each
(d)(b)(4) device for immobilization of a vehicle violation
.....
Subsec. Any person who tows or otherwise $500.00 fine for each
(d)(b)(5) moves an immobilized vehicle without violation
authorization by the chief of police or his
designee .....
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Proposed Ordinance #2015-09 - Chapter 62 - Law Enforcement and Chapter 106 - Traffic and Vehicles Page 8
Subsec. Cost. No cost will be assessed if payment of the penalty as hereinbefore
(e)(c) imposed is voluntarily paid without the necessity of a hearing before the
proper official
185 ADOPTED: *
186 S:\ORDINANCES\2015\DRAFT\Ordinance #2015-09 with SA#1 Amending Chapter 62 - Law Enforcement-First Reading.wpd
187 SYNOPSIS
188 The proposed amendments clarify which laws are to be enforced; stipulates that the police
189 chief selects the deputy police chief; creates a police chief selection committee; removes the
190 special police section; establishes the police cadet program; brings the disposal of personal
191 property held by the police department into compliance with existing policies and
192 procedures; updates traffic and vehicle fines and simplifies the language regarding violations
193 and penalties and amends Appendix F - Fees and Fines to correspond with the language
194 changes.
195 (SPONSORS: HARE AND HUTCHISON)
196 Actions History
197 05/26/2015 - Scheduled for First Reading at City Council
198 05/11/2015 - Introduced at Legislative, Finance, and Administration Committee
Page 82
FINAL READING
CITY OF DOVER PROPOSED ORDINANCE #2015-07
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 46 - Fire Prevention and Protection, Article IV - Public Occupancies, Section 46-162 -
4 Sprinkler Requirements of the Dover Code be amended by inserting the bold, blue text, as follows:
5 Sec. 46-162. - Sprinkler requirements.
6 (a) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted
7 edition of NFPA 13 when the following apply:
8 (1) All new indoor places of assembly with an occupant load of 150 persons or greater.
9 (2) Any interior renovations of 50 percent or more to an existing place of assembly with an occupant
10 load greater than 150 persons.
11 (3) Any additions or increase in interior size to an existing place of assembly that would create an
12 occupant load of 150 persons or greater.
13 (b) Places of assembly where alcohol is served for consumption on the premises shall be sprinklered
14 throughout in accordance with the most recently adopted edition of NFPA 13 when the following
15 apply:
16 (1) All new indoor places of assembly with an occupant load of 100 persons or greater and where
17 alcohol will be served for consumption on the premises.
18 (2) Any interior renovation of 50 percent or more to an existing place of assembly with an occupant
19 load greater than 100 persons and where alcohol will be served for consumption on the premises.
20 (3) Any additions or increase in interior size to an existing place of assembly which would create
21 an occupant load of 100 persons or greater and where alcohol will be served for consumption on
22 the premises.
23 (c) New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in
24 accordance with the most recently adopted edition of NFPA 13.
25 (d) Three feet of unobstructed clear width shall be designed, designated, and maintained around
26 sprinkler risers for access by firefighters and for maintenance. The three feet shall be measured from
27 the outermost components of the sprinkler riser and all related support equipment.
28 (e) Fire Department Connections. Unless otherwise approved by the Fire Marshal, Fire
29 Department Connections shall be on the street side of the building and shall be located and
30 arranged so that hose lines can be readily and conveniently attached to without interference
31 from any nearby obstructions as defined by the Fire Marshal's Office. Fire Department
32 Connections shall be a 5 (five) inch Storz. Fire Department Connections shall be within 300
33 feet of an approved City of Dover Fire Hydrant and within 50 feet of the main entrance of the
34 structure it serves. All Fire Department Connections shall be not less than three feet nor more
35 than five feet in height above finished grade. The Fire Marshal shall have the authority to
36 require more stringent requirements when deemed necessary.
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37 BE IT FURTHER ORDAINED THAT Chapter 46 - Fire Prevention and Protection, Article IV - Public
38 Occupancies, Section 46-171 - Fire Alarm in Place of Assembly of the Dover Code be amended by inserting
39 the bold, blue text, as follows:
40 Sec. 46-171. - Fire alarm in place of assembly.
41 (a) Definition. For the purpose of this article, the requirements set forth in section A.4.1.2 of the most
42 currently published edition of the NFPA Life Safety Code shall be used to determine if an occupancy
43 is a place of assembly.
44 (b) Occupant load. For the purpose of this article, the requirements set forth in the most currently
45 adopted edition of the NFPA Life Safety Code shall be used to determine the occupant load of a
46 place of assembly.
47 (c) Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place
48 of assembly by the fire marshal, and is capable of receiving an occupant load of 75 persons or
49 greater, shall be required to install a fire alarm in accordance with NFPA codes governing the
50 installation of fire alarms and the National Electrical Code.
51 (d) Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined
52 to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent
53 of the assessed value of the building and is capable of receiving an occupant load 75 persons or
54 greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required
55 to install a complete fire alarm system in accordance with NFPA codes governing the installation
56 of fire alarms and the National Electrical Code.
57 (e) Public Mode Audible Requirements. To ensure that audible public mode signals are clearly
58 heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above
59 the average ambient sound level or 5 decibels (dB) above the maximum sound level having a
60 duration of at least 60 seconds, whichever is greater, measured 5 feet (1.5m) above the floor
61 in the area required to be served by the system using the A-weighted scale dBA. In the event
62 the stated requirement cannot be met a Shunt Trip Relay/Switches shall be the approved
63 method of meeting the intent of this section of the code.
64 ADOPTED: *
65 S:\ORDINANCES\2015\DRAFT\Ordinance #2015-07 - Ch 46 - Fire Prevention and Protection-Final Reading.wpd
66 SYNOPSIS
67 The amendments would allow the Fire Marshal’s Office to strategically locate fire department connections
68 for fire department use in the event of an emergency within a sprinklered building, in accordance with
69 NFPA 13 and Delaware State Fire Prevention Regulations. The amendments also relate to shunt trip
70 relays/switches that shut down amplified sounds (example; music) in the event of a Fire Alarm System
71 activation so that the public can exit the building without delay in the event of an emergency, in accordance
72 with NFPA 72 National Fire Alarm Code.
73 (SPONSORS: HUTCHISON AND MULLANEY)
74 Actions History
75 05/26/2015 - Scheduled for Final Reading at City Council
76 05/11/2015 - First Reading at City Council
77 04/27/2015 - Introduced at Safety Advisory and Transportation Committee