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Page 1
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on February 23, 2015 at 7:30 p.m. with Council President
Bonar presiding. Council members present were 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,
Fire Chief Hall, Mr. Koenig, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was
absent.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Bonar declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Mr. George Gaudioso, 167 Maple Glen Drive, thanked City Council for adding a fourth option to
the options being considered for the restructuring of the City government. He felt that Option D,
which was presented during the Special Council meeting of February 19, 2015, was closer to what
he views as the optimum form of government that the City could operate under. Mr. Gaudioso stated
that it was important to consider all forms of government in order to have a wider spectrum on which
to base their final decision.
The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Hutchison moved for approval of the agenda, seconded by Mr. Hare and unanimously
carried.
Mr. Hare moved for approval of the Consent Agenda, seconded by Mr. Dixon and carried by
a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 9, 2015
The Minutes of the Regular Council Meeting of February 9, 2015 were unanimously approved
by motion of Mr. Hare, seconded by Mr. Dixon and bore the written approval of
Mayor Christiansen.
RESCHEDULING OF PUBLIC HEARING/PROPOSED ORDINANCES #2015-01 AND
#2015-02
Council President Bonar reminded members that the First Reading and Referral of the following
proposed Ordinances was accomplished during the Council Meeting of February 9, 2015. Due to
the cancellation of the February 17, 2015 Planning Commission meeting, these Public Hearings must
be rescheduled. It is recommended that the Planning Commission Public Hearing be rescheduled
for Monday, March 16, 2015 at 7:00 p.m. and the City Council Public Hearing be rescheduled for
Monday, April 13, 2015 at 7:30 p.m. at which time the Second Reading and Final Action by Council
will take place.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 2
• #2015-01 AMENDING THE 2008 COMPREHENSIVE PLAN, AS AMENDED, BY REPLACING
MAP 12-1: LAND DEVELOPMENT PLAN, AND AMENDING CHAPTER 13: GROWTH AND
ANNEXATION PLAN
• #2015-02 - REZONING REQUEST FOR PROPERTY LOCATED AT 801 NORTH STATE
STREET, OWNED BY 801 GOLD COAST, LLC (LUTHER D. SHANK III). THE PROPERTY
IS CURRENTLY ZONED RG-3 (GROUP HOUSING) AND THE PROPOSED ZONING IS
C-2A (LIMITED CENTRAL COMMERCIAL) (TAX PARCEL: ED-05-068.09-01-13.00-000; PLANNING
REFERENCE Z-15-01; 3RD COUNCIL DISTRICT)
Mr. Hare moved to reschedule the Planning Commission Public Hearing for Monday,
March 16, 2015 at 7:00 p.m. and the City Council Public Hearing for Monday, April 13, 2015
at 7:30 p.m. The motion was seconded by Mrs. Williams and unanimously carried.
PRESENTATION - TYLER TECHNOLOGIES - 2015 REVALUATION (MELISSA BAER)
Ms. Melissa Baer, Tyler Technologies Regional Manager for the Northeast, reviewed the City of
Dover Revaluation 2015 Project Results, summarized as follows:
Results for Dover Sales
Single Family 474 sales (1/1/2013 to 12/31/2014)
Median 95.11
COD 6.78
PRD 1.00
Commercial 28 sales (1/1/2013 to 12/31/2014)
Median 100.20
COD 7.98
PRD 1.00
Assessment Changes by Class
Real Estate Overall -2%
Dwellings -10%
Commercial +6.0%
Overall Impact (Not including exempts, real estate overall is down 1.5%)
Category Old Value New Value Difference
Commercial $1,624,939,100 $1,720,597,800 6%
Residential $1,467,824,800 $1,331,519,800 -9%
Condo $ 33,724,160 $ 27,566,260 -18%
Exempt $1,059,923,300 $ 896,449,400 -15%
TOTAL $3,126,488,060 $3,079,683,860 -1.5%
Ms. Baer stated that notice of new assessments were mailed in February of 2015 and they would be
scheduling informal appeal meetings, followed by the formal appeal process. She also noted that
the new assessments would be available online and on lists concurrent with the mailing of the
notices. The new assessments will be reflected in the July 2015 tax bills.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 3
Responding to Mr. Anderson, Ms. Baer stated that they would meet with as many people as possible
within the four (4) week time frame. She noted that if the property owners cannot get in to see them,
they also have the formal appeal hearings. Ms. Baer advised that property owners should bring any
documentation that proves their opinion of value, such as an appraisal done within the past two (2)
years, differences in appraisal of their neighbors’ properties, a market analysis done by a realtor, or
pictures of the property. She noted that if there has been a glut of foreclosures in the area, they will
drive the values down. Ms. Baer advised that their ultimate goal is to make the value right.
Ms. Baer stated that, with the assistance of Mrs. Cheryl Bundek, City Assessor, and her staff, the
project was completed with a cost savings to the City.
SPECIAL DOVER HUMAN RELATIONS COMMISSION REPORT - JANUARY 9, 2015
The Special Dover Human Relations Commission (DHRC) met on January 9, 2015 with Chairman
Wilson presiding.
Mr. Wilson requested a moment of silence for the men and women serving in the
City of Dover Police Department as they start off the year 2015.
Discussion - City Meetings with Interdenominational Ministerial Alliance (IMA)
of Dover and Vicinity, Inc. and IMA Committees (Mayor Christiansen)
Chairman Wilson stated that, during a meeting held earlier in the morning with the
DHRC Government Policy, Programs, and Practices (GPPP) Committee, Mayor
Christiansen had provided information regarding the Interdenominational Ministerial
Alliance (IMA). The Mayor had advised members that he was meeting with the IMA
and desired to ensure that community concerns regarding jobs, housing, education,
police issues and other matters were heard. Mr. Wilson stated that the DHRC was
invited to attend IMA meetings and encouraged representatives to participate. He
stated there would be more discussion regarding the differences between the roles of
the DHRC and the IMA and its committees.
Discussion - Implementation of the DHRC 2015-2018 Strategic Plan Committee
Objectives
Mr. Ruane stated his understanding that the goal was to coordinate between the
various DHRC committees and determine if there was some overlap in terms of what
is being proposed for them. Mr. Wilson stated his desire to make sure that the
committees were making plans for the entire year and that everyone was on the same
page in terms of getting things done. He requested each committee chair to provide
an overview of the things they could initially begin or accomplish in regard to the
DHRC 2015-2018 Strategic Plan.
Mr. Ruane explained that, during the Government Practices, Policies, and Procedures
(GPPP) Committee meeting held earlier in the day, the GPPP Committee, City
Manager, Mayor, and Council President discussed the GPPP memorandum dated
October 16, 2014, regarding the Preliminary Draft Work Plan for Completing
Long-term Objective A-1 of the Strategic Plan 2015-2018. [Clerk’s Office Note:
This memorandum was discussed during the DHRC meeting of October 28, 2014, as
part of the GPPP Committee meeting report.]
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 4
Mr. Ruane stated that the City Manager, Mayor, and Council President were advised
that the DHRC hoped to perform an assessment, or organizational survey, to find out
about the current state and climate of diversity and inclusion in the City of Dover so
that they could make recommendations to management and Council regarding
improvements for City programs. Mr. Ruane indicated that the City Manager,
Mayor, and Council President had indicated that they looked forward to working with
the DHRC to set up a senior leadership team within the City to conduct this survey
and assessment. Noting that the Communications Committee had proposed to look
at the City’s diversity training, Mr. Ruane stated that this would be included in the
assessment and there would be an opportunity for feedback from the DHRC’s
participants of those diversity training mini-sessions. He assured the
Communications Committee that the GPPP Committee would include this in their
first steps. He stated that the GPPP Committee was hoping to engage with
employees as the assessment process moves along. Mr. Ruane stated that, although
the GPPP Committee had only three (3) members, any other member of the DHRC
could work with them and they would regularly report back to the Commission on
the status of this project.
Mr. McGiffin stated that the GPPP Committee also intended to reach out to local
higher education institutions to try to generate interest in working with the
Committee on this project. Ideally, this project would fit in with the discipline of a
graduate student looking for a thesis subject. This student could then provide expert
assistance in putting together the survey instrument used to address the staff in the
City and collect and analyze data. Mr. McGiffin indicated that the City had
authorized the GPPP Committee to do this.
Responding to Ms. Smith, Mr. McGiffin stated that it was hoped that the instrument
developed would be broad based to address diversity in many different areas,
including how the City relates internally and externally to stakeholders, vendors, and
others.
Mr. Wilson stated that Mayor Christiansen indicated that he was initially going to
develop an instrument to be used to examine the history of the City from the
perspective of the older population, in terms of determining what worked well in the
past and what is working now. He would also be looking at the police accreditation
report and how that will change the way things are done.
Mr. Ruane felt it important for all commissioners to look at the proposed survey
questions included in Reinventing Diversity, Transforming Organizational
Community to Strengthen People, Purpose, and Performance by Howard J. Ross,
Chapter 12, “Creating Cultures that Work,” as discussed during the DHRC meeting
of October 28, 2014. He suggested that members consider ways of reframing those
questions or provide their ideas for additional questions to the GPPP Committee.
Mr. Ruane stated that, in terms of avoiding overlap with the Communications
Committee when reaching out to the City employees, the first contact employees
would have with the DHRC would be through this organizational survey. He advised
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 5
members that part of the methodology would be to have a focus group and get
smaller groups of employees to speak to the GPPP. He suggested that every member
of the DHRC engage in this process with the City organization.
Responding to Ms. Smith regarding the timing of working with the focus group, their
function and the kind of data that would be gathered from them, Mr. McGiffin stated
that the schedule had not been worked out yet and he was unsure if the focus group
would be used before the survey. The purpose of the focus group and survey would
be the same: to determine how the City is responding to various issues of diversity
so that the DHRC can report on “where the City is at” and make suggestions on
where it should go. Mr. McGiffin stated that it had not yet been decided who would
participate in the survey and in the focus group. He reiterated that it was hoped to
get input from one (1) of the local educational institutions which might have definite
ideas; however, he felt that it made sense to use a couple of different modalities.
Mr. Henderson stated that, based on the discussion at the GPPP Committee meeting
held earlier in the morning, the Mayor and City Manager were on board to provide
their assistance, background, staff leadership, and legitimacy, and the Mayor assured
transparency of all agencies and access. Mr. Wilson stated that the assurances that
he heard from the Mayor, Council President, and City Manager indicated they were
open, wanted to listen, and were sensitive and ready to move forward. They were
looking for outside agencies as funding sources, to include local resources like
Delaware State University and governmental resources such as the Department of
Justice.
Mr. Wilson stated his opinion that a summation and a timeline of things to be done
was needed, noting that clarity comes from summarizing and making sure that each
committee has a responsibility for what is being discussed within this group, and
clarity on a possible meeting within each committee to come up with some outcomes
in relation to the strategic plan.
Ms. Smith noted that a lot of work had been done; however, she was unsure if a
communications infrastructure both online and offline was in place to support this
great effort, noting that an effort may not be successful if infrastructure is not in
place. She questioned where in the City people would go to understand these efforts.
Mr. Ruane questioned what the Communications Committee could put in place to
make this happen and the timeline when the website could provide an outreach to
the larger community to gain an understanding about how they perceive the City’s
organization in terms of outreach, diversity and inclusion. He indicated that he was
not aware of any mechanism currently in place to do this. Responding,
Mr. Scott Koenig, City Manager, stated that at this point the City did not have an
active website manager. In order for the DHRC to understand how to modify the
DHRC section of the City’s website, Mr. Koenig stated that members would sit down
with the City Clerk’s Office, IT staff, and himself and decide what access is needed
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 6
and how information would be reviewed before it goes online. He indicated that
some type of review would be needed, but expressed the desire to make sure that the
issues that are coming up through the community were being addressed.
Mr. Koenig stated the need to get the leadership team set up, have a few meetings
with the Commission, introduce the leadership team to the committee chairmen so
that a personal relationship could be developed and it could be determined how to get
this information where it needs to go. He acknowledged that there is an internal
communication problem within the City, stating that a lot of the issues that affect the
City come down to communication. Mr. Koenig felt that this process would be a
challenge since it had not been done before but concurred with Ms. Smith regarding
the importance of communication.
Mr. Ruane stated this was an example of how the tasks of the GPPP Committee
would be integrated with those of another committee, noting that the Community
Engagement Committee would hopefully identify what external organizations or
individuals in the community should be included in the discovery process of how the
City is engaged in diversity and inclusion. He questioned if the Community
Engagement Committee knew who should be included as external stakeholders.
Mr. Ruane hoped that the Community Engagement Committee would be able to
identify individuals and organizations that should be brought in to do a separate
survey or be a focus group to tell the City what the citizens think. He felt that there
was an opportunity for each of the DHRC committees to participate in the overall
goal to complete the survey. Mr. Ruane explained that the methodology proposed
on Page 3 of the GPPP memorandum dated October 16, 2014, was to include not
only survey questionnaires but observations, interviews, focus groups, and desk
reviews.
Mr. Wilson questioned when the leadership team could be established, as well as a
meeting date and time. Responding, Mr. Koenig stated that he could provide a
recommendation for a leadership team in 30 days, and agreed to establish a time and
date for that meeting and to collaborate on an agenda.
Mr. Wilson stated that the committee chairs and DHRC members could be part of
this meeting and requested that Mr. Ruane prepare a one (1) page action outline for
that meeting. For clarification, Mr. McGiffin stated his understanding that this would
be a one (1) page document listing the things the leadership team is going to do.
Mr. Ruane suggested that the team’s first assignment would be to read Reinventing
Diversity, Transforming Organizational Community to Strengthen People, Purpose,
and Performance by Howard J. Ross, noting that he had been presenting the concepts
in the book in outline form.
Mr. Ruane questioned if the other committees had additional activities that they
would like to engage in during the next six (6) months, in tandem with the efforts
already discussed, stating that these efforts were not meant to be the total work of the
Commission.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 7
Ms. Smith stated her opinion that the assessment was a major undertaking and may
be a year-long project, working collaboratively, in terms of marketing it, engaging
the community, creating “the buzz,” and performing the research. She stated that the
task of looking at a massive organization to determine if it is functioning well in
terms of diversity would entail looking at the internal individuals, external customers,
and leadership, which would involve three (3) different components and three (3)
totally different surveys. In addition, Ms. Smith noted that the DHRC would be
attempting to engage a community that may not really be engaged. She questioned
how the community could be engaged, what events would be offered to engage them
in the process, and how the media could be brought on board to partner with the
DHRC to run ads or articles. In her opinion, this was a “huge” endeavor and the
DHRC could not work on anything else but this.
Mr. Henderson stated that the community’s historical perspective must also be
considered. Ms. Smith concurred, stating that this was an additional area to research.
Mr. Henderson indicated that during the DHRC meeting of October 28, 2014, he had
suggested having observances that are culturally sensitive throughout the year which
are related to history; however, he felt that the DHRC must “go a lot deeper than
that.”
Mr. Wilson stated that he would take the initiative to work on an outline of things for
consideration, pass it through Mr. Ruane, and proceed from there. With the City
Manager getting the leadership team together, Mr. Wilson felt it important to focus
on the agenda for that meeting.
Noting that some members had arrived late to the meeting, Mr. Wilson reiterated
that, during a GPPP meeting held earlier in the day with the City Manager, Mayor,
and Council President, Mayor Christiansen had provided a briefing on the operation
of the Interdenominational Ministerial Alliance (IMA), its committees, and how it
was working with the City. There had been discussion about the DHRC and the IMA
in terms of the objectives of their committees and whether or not the DHRC would
be an integral part of what the IMA was planning or suggesting. Mr. Wilson stated
that the Mayor and the City believed that voices need to be heard, that the City
should not get into a liability issue, and that matters should be brought up that the
groups can work on collaboratively. Mr. Wilson reiterated that Commissioners were
invited to attend IMA meetings and be a part of what is going on. He indicated his
desire to ensure that there is no duplication. Mr. Wilson also advised members of the
recent development of the new Department of Justice Office of Civil Rights and
Public Trust and questioned how that might play into the DHRC.
Mr. Ruane explained that he attended the first meeting of the IMA, which consists
of a group of ministers and others who are social action committee chairs of their
churches, some in the City and some not. He stated that some of the topics discussed
at the meeting were the same topics discussed by the DHRC. Mr. Ruane noted that
the IMA had discussed issues with the police, and he had provided the IMA Chair
with information regarding the City of Dover Police Department accreditation
review; however, no members of the IMA attended the review. Mr. Ruane requested
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 8
clarification regarding the DHRC role in regard to the City’s Police Department,
noting his understanding that the DHRC would engage with the Police Department
during their survey, particularly to discuss community relations.
Noting that Mr. Wilson had indicated that members were welcome to come to IMA
meetings, Mr. Ruane questioned what role the DHRC would play and what
Mr. Wilson wanted the DHRC to do. Responding, Mr. Wilson stated that he was not
suggesting that members do anything. He stated that the IMA’s meetings are open
and he would like to know about them for informational purposes. For example, the
IMA’s agenda for their December 15, 2014 meeting reflected that they have a
committee on jobs, on which Senator Brian Bushweller was serving, and other
committees dealing with housing, education, and with police issues. Mr. Wilson felt
it was interesting that these were some of the same things the DHRC may discuss as
far as committees. He also questioned if there would be a conflict in looking at
liability issues. Mr. Wilson stated that the DHRC would function according to the
City Code; however, there would be people in the community, particularly in the
African American community, questioning what the DHRC does versus what the
IMA does. He indicated that he was speaking on behalf of those voices he had heard
in the community who were concerned about the IMA versus the DHRC; however,
he stated that it should not be “us against them.” Mr. Wilson stressed the need to
work jointly and questioned how this should be expressed to a group that is working
with the Mayor and not coming to the DHRC. He stated that he wanted to see
everyone working together.
Ms. Smith stated that the DHRC would require all “hands on deck” to execute their
plan, noting that members of the DHRC and a graduate student, if offered by a
university, could not execute this plan alone; a team was needed. She questioned
how the DHRC and IMA could work collaboratively. Ms. Smith felt that the issue
of diversity was a piece of what the IMA was trying to accomplish, and it was her
belief that everyone was trying to accomplish the same thing in the end. She stated
that the DHRC would need to invite the IMA to work together. She noted that there
may be other groups with serious concerns and the DHRC would have to do
outreach, which would require systems in place for communication and community
engagement. Ms. Smith explained that when the leadership team is brought together,
one (1) of the first tasks would be to determine the strategic plan for implementation,
including determining the groups that the DHRC can engage that would see this as
a common goal. Ms. Smith stated that sometimes people need a personal phone call
in order to become involved. She expressed her hope that the DHRC could engage
the Mayor to bring everyone together. This is what she saw as a community working
towards a common goal, such as the Mayor’s motto: “I believe in Dover,” and
questioned why, if everyone wants the same thing, there were separate pockets.
Mr. Ruane questioned if it was the desire of members to invite the IMA to a DHRC
meeting. Responding, Ms. Smith expressed her opinion that this should be done by
leadership, possibly Commissioner Wilson.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 9
Mr. Wilson stated that this was not a “one (1) man invitation situation” and preferred
the City leadership and the committee chairs to have this discussion. He felt that it
should not be the DHRC against or for the IMA, that “it has to come under one tent”
in order to get it done. Mr. Wilson believed that the IMA and the DHRC each had
an agenda, and felt it important to make sure there was no duplication. He noted this
could enhance community engagement in terms of plans or initiatives, noting that he
did not want to see isolation on either part. In addition, he stated that he was looking
for information from the Attorney General’s Office in terms of how the new Office
of Civil Rights and Public Trust would relate to the DHRC and the State Human
Relations Commission, as well as the American Civil Liberties Union (ACLU) and
the National Association for the Advancement of Colored People (NAACP).
Noting that Mr. Henderson is part of the IMA, Ms. Smith asked his opinion of the
best strategic way to approach the organization so that there is maximum opportunity
for success. Responding, Mr. Henderson stated his belief that the incident that took
place in Ferguson, Missouri was the “driver” for the IMA. He stated that
governments tend to be reactionary as opposed to being visionary; however, there
were three (3) City leaders and others who want to be visionary and he felt that
everyone should be patient because it is a long process without simple answers.
Mr. Henderson stated that Rev. Rita Paige was in charge of the IMA Social Action
Committee that was interested in working with the Mayor to ensure that a potential
Ferguson does not occur in Dover, because there were some incidents that took place
in the community that were potentially explosive. The desire was to be proactive.
Ms. Smith stated that she knows Rev. Paige, and since Rev. Paige is in a leadership
position, Ms. Smith suggested having a conversation with her over dinner and asking
key questions. In this way, an understanding could be gained of Rev. Paige’s vision
for the IMA and how the DHRC can work synergistically with the IMA. Ms. Smith
stated that this would also help to learn how other organizations in the community
could work with the DHRC. Ms. Smith noted that this would not be an easy road;
she suggested having the right people at the table from the beginning, allowing
Rev. Paige to take the matter back to IMA to get their buy-in, and then working
together. She also felt that the Mayor had a major role to play in this because he
ultimately has a relationship with everyone.
Mr. Henderson stated that he was very impressed with the meeting just concluded
between the GPPP Committee, Mayor, City Manager, and Council President. He
indicated that they expressed willingness to do what they can. He felt that the parts
and people were in place, including the City, clergy, DHRC, and Mr. Ruane’s
excellent outline, and that everyone was headed in the right direction.
Mr. Henderson stated that Ms. Smith was an eloquent spokesperson who brings
clarity to issues in very few words, asks the right questions, has a probing mind, and
is able to put things together; therefore, he felt that Ms. Smith would do well as a
leader. He cautioned members that he did not want to pretend to be the
representative for the IMA; however, he was trying to do the best he could to explain
since he sits on both groups.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 10
Mr. Wilson stated that there were other factions in addition to the IMA, noting that
Mr. Roy Sudler, Jr., Social Action Committee Chair from the Mt. Zion A.M.E.
Church, also serves as a State Human Relations Commissioner. Mr. Wilson felt that
others should be brought to the table, including leaders and non-leaders who have a
strong influence on others within the community, noting that leaders come with and
without titles. He felt all those with some type of contribution should be part of the
decision-making process and the “buy-ins” referenced by Ms. Smith. Mr. Wilson
indicated that leaders, such as Rev. Davis from the Whatcoat United Methodist
Church, and others from the Union Baptist Church or any other church or synagogue
in Dover should be heard from, noting that currently the agenda and voices being
heard were very few. He suggested that a summit or some type of important meeting
be held to bring all of the people together, which he felt would go along with
community engagement.
Mr. Henderson felt that, before the summit, there should be communication, noting
that the City Manager had asked for 30 days to provide a leadership team.
Mr. Roach reminded members that the DHRC was charged with the idea of diversity and
could not be too focused on one (1) entity, such as the IMA, because the one (1) thing the
Commission does not want to do is leave people out. This would result in the DHRC doing
the exact opposite of what it was charged to do. Mr. Roach stated that if someone has a
voice, no matter how small or big, it needs to be heard. He advised members that the IMA
is a very big organization; however, it is not the only one, noting that he had been in contact
with some individuals in regard to issues in the Capital School District.
By consent agenda, Mr. Hare moved for acceptance of the Dover Human Relations
Commission Report, seconded by Mr. Dixon and carried by a unanimous roll call vote.
PRESIDENT'S COUNSEL ON PUBLIC/PRIVATE PARTNERSHIPS AND THE FUTURE
OF CITY HALL, WEYANDT HALL, FORMER DOVER LIBRARY, AND OTHER CITY
PROPERTIES REPORT - FEBRUARY 4, 2015
The President’s Counsel on Public/Private Partnerships and the Future of City Hall, Weyandt Hall,
Former Dover Library, and Other City Properties met on February 4, 2015 with Chairwoman
Williams presiding.
Self-Introduction of Members
Members introduced themselves, as follows: Kenneth Clendaniel, City of Dover
Facilities Management retiree; Beverly Williams, First District City Council
representative; Joe McDaniel, Merrill Lynch retiree; Kevin Mitten, Mitten & Winters
CPA; and James Hutchison, First District City Council representative.
Welcome by Councilwoman Williams and Explanation of the Counsel's Purpose
Chairwoman Williams stated that the purpose of the Counsel was to look at the City
properties that are currently not performing to determine whether it will be feasible
to keep or sell those properties and, ultimately, what to do about City Hall. She
stated that the City Hall building is overcrowded and that is why the Finance and
Customer Service Departments are currently at 5 E. Reed Street (Weyandt Hall).
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 11
Responding to Mrs. Williams, Mr. Scott Koenig, City Manager, indicated that there
are approximately 50 people in Weyandt Hall, including State of Delaware
employees, and approximately 40 employees in City Hall. Mr. Koenig stated that if
the offices at 5 E. Reed Street and City Hall were to be combined into one (1)
building, there would be a need for some type of office connection for approximately
110 employees.
Overview of City Properties
Members were provided a map of City Owned Properties, dated February 3, 2015,
as well as a list of City of Dover Properties, as of January 30, 2015).
Mr. Scott Koenig, City Manager, informed members that the City completed an
internal space study in 2007/2008, as a precursor to constructing the new Dover
Public Library. He stated that the new Dover Public Library is 46,000 S.F. and the
former Dover Public Library is approximately 17,000 S.F. Mr. Koenig explained that
the front part of the former library was built in the 1960s and then an addition was
constructed in the early 1980s, for a total of approximately 17,000 S.F.
Mr. Koenig stated that, in the early 1990s, the Downtown Dover Development
Corporation bought the old WSFS building at 5 E. Reed Street, which was later
purchased by the City’s electric utility and the downstairs portion of the building was
remodeled. He stated that the Customer Service Department, Tax Assessor’s Office,
and the Information Technology Department were moved to this building and, in
2008, the Finance Department was relocated from City Hall to the third floor at
5 E. Reed Street.
Mr. Koenig stated that after the former library was vacated, Council discussed the
potential of replacing City Hall. He explained that City Hall is required to be
sprinklered as a condition of the final approval for the new Dover Public Library, and
staff reviewed the design scenario with EDiS and found that there are multiple
ceilings in City Hall as a result of multiple building modifications. Mr. Koenig stated
that instead of simply installing one (1) sprinkler system over the entire building, two
and one-half to three (3) sprinkler systems would have to be installed in each
“confined airspace” in order to meet code requirements, which drove the cost up
significantly. He explained that, as an alternative, the ceilings could be removed;
however, that would require demolition with employees in the building.
Additionally, Mr. Koenig stated that the air systems in City Hall are old and there has
been trouble with the duct work over the years because the building is very close to
the end of it its originally planned service life.
Mr. Koenig informed members that, two (2) years ago, City Council discussed the
potential of hiring an architecture firm to do a design of a new City Hall in the
current location. He stated that discussions included various scenarios, including
demolishing one (1) wing of City Hall, or demolishing the entire building and
constructing a new City Hall on the site.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 12
Referring to the “2007 plan,” Mr. Koenig stated that an architect completed
conceptual design drawings for the expansion of the current City Hall building.
However, he explained that, the original concept could not be constructed now, as a
result of the location of the new library. Although the design could be modified,
Mr. Koenig stated that there is a problem with confinement on this property, noting
the need for a drive-through for the Customer Service Department. Designing a
building or remodeling the current City Hall to include a drive-through would be
complicated because of the interconnected parking lots and the adjacent PNC Bank
drive-through.
Mr. Koenig explained that staff has discussed the potential of vacating the State
agencies from Weyandt Hall and remodeling and connecting Weyandt Hall and the
former library to create a government complex, to include a second parking deck. He
stated that there are examples in the region where parking decks have been
constructed on a relatively small parking area at a reasonable cost for one (1)
additional level, noting that stacking three (3) or four (4) floors of parking is more
complicated and costly because there are more turning movements to account for.
Mr. Koenig stated that when the idea of demolishing the current City Hall building
and constructing a new building was previously discussed, EDiS provided a rough
estimate of approximately $10M - $15M for a 40,000 S.F. building. Additionally,
EDiS estimated that it would cost $1.6M to renovate the building systems at
5 E. Reed Street, including replacement of the HVAC system and roof, which also
has asbestos issues. Mr. Koenig stated that the total cost to renovate 5 E. Reed Street
would be a little more than $2M, including contingencies. He explained that it
appeared as though it would cost less to renovate both the former library and
5 E. Reed Street, connect the buildings, and construct an elevated parking lot then it
would to build a new City Hall. Mr. Koenig stated that public/private partnerships
had been discussed as a possible financing option; however, he noted that this should
not determine whether or not to move forward.
In addition to City Hall, Weyandt Hall, and the former library, Mr. Koenig explained
that the City’s warehouse was constructed in the 1960s and is also reaching the end
of its original service life.
Mr. Koenig stated that there may be other property available downtown that could
be explored, depending on the goal for the location of City Hall.
Mr. Koenig informed members that the Council Chamber in City Hall does not meet
the current standards for ADA accessibility. Although staff has removed seats and
installed microphones, etc., mobility challenged individuals are unable to get to the
Council floor to address members. Mr. Koenig stated that staff had previously
discussed building a new, elevated flooring system similar to that constructed at the
new library; however, questioned how much should be spent on improvements to the
current building if other options are being considered.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 13
Mr. Koenig explained that this issue is complicated because replacing only City Hall
would technically be a General Fund expense because it would be a general
government obligation. However, if the plan were for a combined administrative
complex, the total investment could be diffused through the electric utility and the
water and sewer utility because it would include general government and utility
revenue obligations. He stated that the option selected would determine the City’s
ability to pay back the note or finance the project.
Mr. Koenig informed members that discussions regarding building renovations
should include consideration of future growth projections and expectations for the
50-year life of the building. He noted that having a combined complex would enable
staff to combine some resources and streamline operations.
Scope of Work
Members reviewed the proposed scope of work, as outlined by Mrs. Williams.
Responding to Mrs. Williams, Mr. Koenig confirmed that the Counsel’s task would
be to gather information and determine the best course for the future.
In response to Mr. McDaniel, Mr. Koenig clarified that the entire City Hall building
is at the end of its service life, including the Council Chambers.
Responding to Mr. Hutchison, Mr. Koenig stated that City Council discussed the
potential concept of building a new office complex for the entire operation of the
City during the Council Retreat in January 2013, and the estimate provided by EDiS
was based on a 40,000 S.F. building.
Mr. Hutchison requested Mr. Koenig to provide members with information regarding
the size of the Kent County Levy Court complex.
Mr. Hutchison stated that members should consider: 1) what it would require and
cost for a new administrative building, to include determining the location; 2) the
total cost to get each building up to the current code and take care of future needs;
and 3) to explore the option of a public/private partnership.
Responding to Mrs. Williams, Mr. Koenig stated that the previous City Hall
discussion did not include the electric administrative building or the administrative
offices at the City’s warehouse because adding those offices to a City Hall complex
would include a significant amount of employees and equipment. He explained that
staff had separate discussions regarding the potential replacement of the electric
administration building or the creation of a utilities/public works administration and
warehouse at a separate location. Mr. Koenig expressed his preference to keep these
items separated. He stated that although it would be possible to build one (1)
building to accommodate all of the employees, it would not be possible to
accommodate parking for employees and City vehicles and equipment.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 14
Mr. Hutchison stated that he liked the idea of getting rid of the current buildings and
constructing a new building to meet the City’s needs for the next 30 - 40 years.
Additionally, he would like to obtain information regarding the cost to bring all of
the City’s buildings up to code and to expand those buildings to meet the current
needs, noting that it would be a significant cost. Mr. Hutchison reiterated that
members also need to examine the public/private partnership options. He stated that
members should consider constructing a new building, getting rid of the three (3)
current buildings, and the option of buying new property.
Mr. Perza expressed his opinion that the same level of detail and attention should be
spent on each of the three (3) areas. He stated that he does not want to give 90% to
the partnership concept and only perform a cursory review of the other two (2)
options. To make an educated decision, he suggested that members obtain the same
information on each of the three (3) categories and then pick the option that would
be the most beneficial to the City for the next 50 - 100 years. Mr. Perza agreed with
Mr. Hutchison, stating that they should examine new construction, the potential
acquisition of land, and retrofitting and rehabilitating the existing buildings without
having to buy new places. He stated that retro filling and rehabilitating the current
building would include the development of a plan for temporary relocation of
everything in these buildings. Mr. Perza also agreed that it would be important to
explore the public/private partnership financing arrangement and determine how
much each option would cost the City. He noted that he did not want to spend “a
fortune” exploring each option and “price ourselves out of the project.”
As a follow up to Mr. Hutchison’s prior question, Mr. Koenig stated that Kent
County owns 11.62 acres on Bay Road and the administrative complex is 74,350 S.F.
Responding to Mrs. Williams, Mr. Koenig stated that he would request a breakdown
of the building space. He explained that the usable building space was probably
closer to 40,000 S.F., noting that it was built with a 40-year outlook on staffing and
there are still vacant offices.
Mr. Hutchison noted that the City has more employees than the County and
Mrs. Williams stated that the City also has a greater vehicular burden.
Appraisal Methodology
Mrs. Williams suggested that the Counsel begin the process by obtaining appraisals
for the City’s properties, and questioned whether members preferred to hire an
appraiser from Dover or outside of Dover. If members preferred an appraiser from
outside of Dover, Mrs. Williams recommended Tidewater Properties or Appraisal
Associates.
Mr. Hutchison stated his preference for utilizing a Dover appraiser because they
would have a good knowledge of the value of the properties.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 15
Mr. Perza questioned if the purpose of the appraisal was to determine the
post-renovation value or the present value of the properties. Responding,
Mrs. Williams stated that the appraisal would determine the present value of the
properties.
Mr. Perza questioned whether the present value of the properties mattered as much,
since the buildings are falling apart. He stated his understanding that the intent is to
retrofit the buildings or sell the buildings and questioned the objective of the
appraisal.
Mrs. Williams explained that an appraisal would determine the financial
methodology. She stated that, before the buildings are torn down, she wants to know
what they are worth and what the City may be giving up.
In response to Mrs. Williams, Mr. Koenig explained that the EDiS estimate was
provided when EDiS was under contract for the new library. The EDiS engineers
and buildings systems employees walked through 5 E. Reed Street and provided a
cursory “back of the envelope” estimate of the amount the City could expect to pay
for the types of renovations required at that time. Mr. Koenig stated that he would
provide the EDiS documents to members.
Responding to Mrs. Williams, Mr. Koenig confirmed that an appraisal of the former
library was completed when the State of Delaware was interested in the property for
the Department of Natural Resources and Environmental Control (DNREC)
executive offices. He stated that staff was working directly with the Dennis Groom,
Director of the Office of Management and Budget, and the property was appraised
at approximately $1.8M. Mr. Koenig explained that this appraisal was complicated
because it included three (3) distinct properties: 1) the library, 2) the parking lot to
the north of the library and the grass area to the back of the library, and 3) the entire
row of parking that abuts the library. If the City were to sell the property as it was
appraised, it would leave the City with approximately 30 parking spaces, which
would create a parking deficit for 5 E. Reed Street. Mr. Koenig expressed his
opinion that the $1.8M appraisal was a “pretty decent” price at the time; however,
DNREC wanted to have the building renovated to the Leadership in Energy and
Environmental Design (LEED) gold standard, which increased the total project cost
to $6M. Since the State did not have the funding, they never followed through with
the purchase of the property. Mr. Koenig stated that the City did not receive a copy
of the $6M construction estimate.
Responding to Mr. Mitten, Mr. Koenig stated that the green design was necessary for
DNREC; however, may not be necessary for the City. He stated that, if Council
decides to renovate buildings, the decision will also need to be made as to whether
green or conventional building designs are utilized. Mr. Koenig suggested utilizing
conventional building designs because the LEED gold standard would increase the
costs substantially. He stated that there are conventional designs available that are
less expensive and highly efficient.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 16
Mr. Koenig stated that staff examined the utility costs for City Hall versus the new
library two (2) years ago, and the monthly costs for heating, air conditioning, water,
and sewer were practically the same because the library was constructed to be a much
more efficient building.
Mr. Hutchison stated that there are many options, and it will be a matter of reviewing
all of the facts and figures and making a recommendation that is in the best interest
for the future of City of Dover. He expressed his opinion that 5 E. Reed Street is an
absolutely wonderful location and it would behoove the City to take a strong look at
whether it can be improved and upgraded to the standards the City will need for the
next 25 - 30 years and how much it would cost, noting that the City Hall property
would make a great parking lot.
Mr. Hudson questioned whether the Police Department would be considered during
these discussions. Responding, Mr. Koenig stated that the Police Department would
not be directly included in this discussion. He reiterated that there had been some
preliminary discussions regarding other properties that may be available in the
downtown area.
Mr. Koenig informed members that one (1) of the reasons that this discussion had
been on the “back burner” was because it would require a large expense that has not
been included in the five (5) year forecast. He informed members that it would either
require bonding or a public/private partnership.
Mrs. Williams stated that, like the unfunded liability, this issue must be addressed
because City Hall is “going down around us.”
Mr. Koenig informed members that one (1) of the only ways of controlling the
baseline budget is to control the number of City employees, noting that having these
employees in one (1) building with a more modern building design would allow staff
to integrate different departments, share resources, and modify business operations.
Noting that this was not the only reason to build a new City Hall or do a major
building renovation, Mr. Koenig stated that it was a good reason to do it now.
Responding to Mrs. Williams, Mr. Hutchison stated that the first step would be to get
the appraised values for each building, and asked for Mr. Clendaniel’s thoughts and
concerns.
Mr. Clendaniel stated that the City’s current buildings were built in the early 1970s
and they all need major renovations, including the HVAC systems. He recollected
that the only building with a new roof was the former library, noting that it was 20
years old. Mr. Clendaniel stated that the prices a few years ago were between
$60,000 and $100,000 to upgrade the HVAC systems in each of the buildings. He
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 17
informed members that it would be very costly to renovate the buildings to bring
them up to construction standards. As far as usage, Mr. Clendaniel stated that
City Hall had been outgrown for at least the past 10 years, noting that staff had
remodeled the building six (6) times in the past 20 years without adding any
additional space.
Mrs. Williams questioned whether Mr. Clendaniel thought renovation or construction
would be more viable and if the appraisers determined that the building value was
low but the property value was high. Responding, Mr. Clendaniel expressed his
opinion that current construction costs are very high and it would be less costly to
utilize the former library and 5 E. Reed Street. He stated that there was no longer
adequate space on the City Hall property to construct the building that was proposed
10 years ago.
Mr. McDaniel requested that staff provide members with accurate figures for square
footage needs; the square footage of the former library and Weyandt Hall; and a list
of the agencies located on the second and third floors of Weyandt Hall and their lease
information. He stated that he was a big advocate of downtown Dover and expressed
his opinion that the City has the ability to create a complex that would be good for
downtown Dover. Mr. McDaniel also requested information regarding the parking
lot on the “other side” of the former library. He noted that parking would always be
a problem and understood that one (1) parking deck would be feasible, while more
than one (1) would cost $20,000 - $30,000 per parking space.
Referring to the map of City Owned Properties, Mr. Perza questioned whether
properties owned by the City and leased by third parties were included, specifically
referring to the U.S. Post Office located at 55 Loockerman Plaza. Responding,
Mr. Koenig stated that the City does own 55 Loockerman Plaza and the building is
leased.
Mr. Perza questioned when the lease expired for that property, and whether it would
be possible to incorporate it into a complex in the future. Responding, Mr. Koenig
stated that the Post Office lease would expire in 2020, and there has been no
indication that the government has any construction money. Mr. Koenig noted that
conceptual drawings were previously completed in regard to converting that property
to a parking lot. He stated that the building was in terrible shape, and the value
would probably be $0 by 2020.
Mr. Koenig stated that the community feeling regarding the Post Office, as conveyed
during discussions about the new library, was that people want a customer counter
facility in the downtown area and they did not want it to be relocated. However, he
explained that there was some “back-operation” performed at this location and he did
not think anyone would mind if this function leaves the downtown area.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 18
Responding to Mr. Perza, Mr. Koenig stated that he was uncertain who controlled the
lease renewal option for 55 Loockerman Plaza; however, it was his impression that
it would have to be mutually extended. He indicated that he would provide this
information to members.
Mr. Perza stated that he generally agrees with keeping the Post Office downtown;
however, he noted that it could be relocated to another property on Loockerman
Street.
Mr. Koenig informed members that many possible options had been previously
discussed. He stated that the PNC Bank building, located at 3 Loockerman Plaza,
was an attractive building; however, PNC Bank had indicated that they want to keep
their presence downtown and want to maintain ownership of that building. While
there are vacancies in the building, combining a bank with government operations
would create challenges. Mr. Koenig noted that there were multiple good options;
however, parking will become a topic of discussion because there are current
complaints that there is not enough free parking. He stated that if the City were to
build a combined campus, parking would need to be a major consideration.
Referring to the map of City Owned Properties, Mr. Perza questioned whether any
of the land at Schutte Park would be viable for a new building or complex, noting
that there would be plenty of space for parking. Responding, Mr. Koenig stated that
there may have been caveats regarding the donation of that land to the City and that
he would provide members with additional information regarding the land.
Mr. Hutchison stated that City Hall should be located in the downtown area, and
informed members that the current timing of these discussions provided a wonderful
opportunity, since the State government and City of Dover were entering a
partnership regarding the downtown.
Hutchison moved to recommend obtaining appraisal values on each of the sites,
seconded by Mr. McDaniel.
Mr. McDaniel questioned which properties would be included in the appraisal.
Responding, Mr. Hutchison clarified that appraisals would be obtained for Weyandt
Hall, the former library, and City Hall.
The Committee recommended obtaining appraisal values for Weyandt Hall, the
former Dover Public Library, and City Hall.
By consent agenda, Mr. Hare moved for approval of the Counsel’s recommendation, seconded
by Mr. Dixon and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 19
Mrs. Williams asked if members had any thoughts regarding the selection of the
appraiser.
Mr. McDaniel agreed with Mr. Hutchison that the appraiser did not necessarily need
to be from Wilmington and could be local, and questioned whether bids would need
to be solicited. Responding, Mr. Koenig stated that the City would need to obtain
three (3) quotes.
Mrs. Williams stated that she would like to obtain quotes from one (1) appraiser
outside of Dover and two (2) from Dover. She stated that the appraisers should not
have any connection to any of the properties.
Mr. Mitten agreed with hiring an appraiser from Dover, noting that they would have
a better knowledge of the property values than an appraiser from Wilmington.
Mr. Perza cautioned members about retaining an appraiser who may have an interest
in future development with the City, or may have a connection to someone with an
interest.
Mrs. Williams suggested that staff obtain three (3) bids, one (1) of those being from
outside of the City of Dover.
Mr. McDaniel moved to recommend obtaining three (3) quotes for an appraiser, to
include one (1) from outside of Dover, and two (2) from Dover, seconded by
Mr. Hutchison.
Mr. Perza expressed his concern regarding having the buildings appraised at this
time, explaining that he was weary of spending money on an appraisal that would not
be useful in one (1) year. He stated that the City will need to obtain estimates for the
costs to renovate and rehabilitate the buildings and that it may be more worthwhile
to wait until that process is complete to have the buildings appraised.
Responding to Mr. Perza, Mr. Koenig explained that an appraiser would not be able
to provide information on what the building would be worth in the future, because
he will not be able to provide specific renovation plans. He stated that the appraisal
would be based on the current condition of the properties.
Responding to Mr. Perza, Mr. Koenig confirmed that the City may consider selling
these buildings in the current condition, which would make the appraisal valuable.
Mr. Hutchison expressed his opinion that obtaining the current value is a necessary
first step and the next step would be to have a team of experts look at the buildings
and provide an estimate of the cost to bring them up to code.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 20
The Committee recommended obtaining three (3) quotes for an appraiser, to include
one (1) from outside of Dover, and two (2) from Dover.
By consent agenda, Mr. Hare moved for approval of the Committee’s recommendation,
seconded by Mr. Dixon and carried by a unanimous roll call vote.
Mr. Koenig informed members that the commercial property records for 5 E. Reed
Street indicate that the building has an approximate total square footage of 40,000
S.F.; however, he noted that not all of this is usable space. He stated that the tax
assessment value for this property is $3.1M and a final building value is $2.1M.
Mr. Koenig stated that City Hall is 16,700 S.F., and the former library is 12,444 S.F.
Responding to Mr. McDaniel, Mr. Koenig confirmed that there is a second floor in
part of the former library building and stated his belief that the total square footage
was approximately 17,000 S.F.; however, he would provide this information for the
next meeting.
Discussion of Meeting Dates and Times
Responding to Mr. Hutchison, Mr. Koenig stated that it would take some time to
obtain the quotes, select an appraiser, and complete the appraisals, and members may
want to schedule another meeting in the interim. Mr. Koenig requested a few weeks
to compile the requested information.
Mr. Koenig clarified that the Counsel’s recommendations must be authorized by City
Council. He stated that he could obtain the quotes; however, he cannot act on them
until after City Council considers the recommendation during the Regular Council
meeting of February 23, 2015.
The Committee scheduled the next meeting for Wednesday, February 25, 2015 at
9:00 a.m.
By consent agenda, Mr. Hare moved for approval of the Committee’s recommendation,
seconded by Mr. Dixon and carried by a unanimous roll call vote.
Mrs. Williams informed members that the proceedings of this Counsel are governed
by the Freedom of Information Act (FOIA); therefore, members are not able to
discuss the matters considered by this Counsel with one another outside of official
meetings, including email correspondence. She advised members that the City
Clerk’s Office is available to answer any questions they may have.
By consent agenda, Mr. Hare moved for acceptance of the President’s Counsel on
Public/Private Partnerships and the Future of City Hal, Weyandt Hall, Former Dover Library,
and Other City Properties Report, seconded by Mr. Dixon and carried by a unanimous roll
call vote.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 21
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -
FEBRUARY 9, 2015
The Parks, Recreation, and Community Enhancement Committee met on February 9, 2015 with
Chairman Dixon presiding.
Semi-Annual Review - Statistics Regarding Jobs and Businesses Gained and
Lost in the City of Dover Since July 2014
Mr. Bill Neaton, Economic Development Manager, reviewed statistics regarding the
City of Dover top employers, noting there had not been a big difference in the
number of employees since July 2014; however, he pointed out other positive events
that recently took place. He noted that Bayhealth Medical Center had opened a third
floor, which added 100 employees and 32 beds to the facility. In addition,
Mr. Neaton stated that Bayhealth continues to expand by adding a fourth “shelf floor”
upon completion of the third floor. He advised members that Bayhealth also had
plans for expansion in Milford, Delaware, which will include an entirely new facility.
Mr. Neaton stated that Energizer will be remodeling their facility on Clara Street, as
well as adding a new building, which will bring approximately 250-275 positions to
Dover. They will be closing their facility in Canada and producing all of their
feminine care products at the Dover location. Additionally, Mr. Neaton noted that
Kraft Foods and Proctor & Gamble are potentially adding 30 positions. Mr. Neaton
stated that, while the number of employees at ILC had decreased, they are working
on negotiating another contract for aerostat production. He provided members
information pertaining to some of the vacant buildings in the City, including the old
OfficeMax location, where Produce Junction would be located, and the former
Metro building, where Urban Furniture and Airbase Carpet would be located,
bringing an additional 35-50 jobs. Mr. Neaton also advised that Uzin Utz was
scheduled to open in May, which would equate to another 25-30 employees.
Responding to Mr. Hutchison, Mr. Neaton advised members that E-Z Pass was very
pleased with their location in downtown Dover. He was unsure of their hours of
operation but offered to find out.
In response to Mrs. Horsey, Mr. Neaton clarified that the 471 positions listed for ILC
included the loss of jobs resulting from the lost aerostat contract.
Responding to Mr. Anderson, Mr. Neaton said he was unsure if the ILC plant in
Sussex County would have any impact on its Kent County operation.
Mr. Anderson said he had observed that there were fewer vacancies in downtown
Dover and more minority owned-businesses. He questioned if Mr. Neaton’s
observations were similar and if anyone was keeping track of this information.
Responding, Mr. Neaton agreed with Mr. Anderson’s observation and indicated that
Mr. Ed Perez, Downtown Coordinator, tracks this information. In addition,
Mr. Neaton referenced potential projects that would not have gone through before the
designation of the Downtown Development District in Dover. He stated that this
designation would continue to aid in the efforts to bring more business and money
to the downtown area and the City overall.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 22
Responding to Mr. Anderson, Mr. Neaton said he did not have the unemployment
rate for the City of Dover with him; however, he would find out and email this
information to him.
Responding to Mr. Dixon regarding Bayhealth’s expansion design plans,
Mayor Christiansen advised that Bayhealth can build up to 10 stories high. He
indicated that, in addition to growth in that direction, Bayhealth was utilizing space
at their campus across the street from the main facility. Mr. Neaton added that
Bayhealth was currently being evaluated for Magnet status for excellence in nursing
and delivery of care.
In response to Mr. Dixon regarding the rising cost of health care, Mr. Neaton advised
that there is a demand for the best health care and equipment, and it costs money to
achieve that level of care.
Investigating AmeriCorps and Retired Senior Volunteer Program (RSVP) to
Supplement Staffing
During their Regular meeting of August 11, 2014, the Committee recommended that
staff be authorized to investigate volunteers to supplement staffing for the City and
that a report be submitted within 90 days (if study is not completed, staff would
provide report on its status). For clarification, Mr. Anderson stated that this motion
would allow for staff to first study the feasibility of utilizing volunteer services such
as the AmeriCorps and the RSVP, with a report back to the committee in 90 days.
Mr. Scott Koenig, City Manager, referred to the memorandum dated January 9, 2015
from Ms. Margie Cyr, Library Director, Re: Volunteer Programs at the Dover Public
Library. He indicated that the programs utilized are more along the lines of the
Retired Senior Volunteer Program (RSVP) than AmeriCorps. Mr. Koenig stated that
opportunities to utilize these programs and their degree of success varies, depending
on the area in which they are used. He advised that some of the volunteers being
utilized at the library are individuals who are challenged in some ways, and the
program allows them to get out into the community and contribute. Mr. Koenig
explained that these volunteer programs had not been pursued in other areas of
government due the need for oversight, as well as concerns related to taking work
from existing bargaining employees. He noted that quality of work was also an issue
in areas such as customer service and cash handling, as well as access to information
such as customer credit and utility service information.
Mr. Koenig explained that, in the past, the City had occasionally utilized community
service hours at the Public Works level and some court-mandated community service
in sanitation, but this had been very limited in the last two (2) decades. Mr. Koenig
mentioned that interest had been expressed in using college students looking for
experience as interns, but reiterated that a great deal of oversight would be required
to guide interns and/or volunteers.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 23
Mr. Anderson expressed his feeling that City government could utilize internships
to supplement programs in Finance, Planning, Economic Development (particularly
organizing events with the Downtown Dover Partnership), Recreation, and areas of
that nature. Responding, Mr. Koenig said that staff members may be interested in
interns; however, he noted that interns typically seek paid opportunities. He
indicated that this could be considered; however, contact hours would have to be
limited to less than 30 per week. Mr. Koenig also noted that there is a difference in
the structure of paid internships versus volunteer programs, such as AmeriCorps and
RSVP. He indicated that the success rate would vary depending on the quality of the
individual and the amount of oversight needed. Mr. Koenig thought that if the City
were to pursue programs involving volunteers or interns, staff should work together
to develop a structured program versus intermittent, short-term interns. He noted that
it would take staff time to get up and running, which would also cost money, and this
would need to be considered when evaluating and reviewing the budget.
Responding to Mr. Anderson regarding the potential for some programs or
universities to provide funding or at least supplement the costs, Mr. Koenig stated
that although staff time was currently limited, if it were the pleasure of Council, this
could be researched and considered as a way to potentially solve some problems.
Revival of Youth Advisory Committee
Mr. Anderson reminded members that when Mrs. Sophia Russell served on City
Council, she was heavily involved in the Youth Advisory Committee. Since
Mrs. Russell’s passing, this Committee was no longer assembled. Mr. Anderson felt
this was an important committee that involved the youth, raised awareness, helped
build leadership skills, engaged young people, and helped keep youth on the right
path. He advised members that Mrs. Russell had asked him to keep the Committee
going; however, shortly after her passing, he was deployed for one (1) year.
Mr. Anderson expressed his desire to revive the Youth Advisory Committee, as it
was needed now more than ever. He indicated that there were a lot of interested
youth who wished to apply and he, as a councilman, would like to run the
Committee. Mr. Anderson noted activities in other municipalities, such as
Harrington’s New Year’s Eve celebration, that are put on by youth committees, and
stated that he would like to see similar opportunities for the youth of the City of
Dover. He felt that the support of the community was present and that the
Committee would be a success.
In response to Mr. Hutchison, Mr. Anderson indicated that the members of the
Committee who would take the lead would likely be high school aged; however,
anyone could be involved. He referenced Council Resolution 2010-03, Youth
Advisory Committee (YAC) Council Resolution No. 2008-11, with Amendment
No. 1, that created the Committee and defined its charge and purpose. Mr. Anderson
could not recall all of the components of the purpose of the Committee; however, he
indicated that, to the best of his recollection, they included advising Council on
matters related to youth in the community, planning and executing drug-free events
for the youth, and coordinating additional parks and recreation activities.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 24
Mrs. Horsey said that she was serving on the Parks, Recreation, and Community
Enhancement Committee when Councilwoman Russell initially introduced it and
conveyed how passionate Mrs. Russell was about it. Mrs. Horsey expressed
concurrence and appreciation for the idea of reviving the Committee in
Mrs. Russell’s memory, and for the benefit of the youth in the community.
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
offered some insight on behalf of herself and the City Manager as to the requirements
of staff to support the Committee. She reminded members of the involvement of the
Clerk’s Office preparing the agendas and minutes, Parks and Recreation staff, and
Ms. Kay Sass, Emergency Management Coordinator in the City Manager’s Office,
as well as the potential costs. Mrs. Townshend stated that these staff members and
departments were currently stretched very thin, noting that the addition of this
Committee could result in additional hours, leading to overtime or comp time for
some of those staff members.
Mr. Dixon said that he too would love to see the Committee revived, noting that
youth in the community had always been important to him and had been a focal point
of his participation on Council. Mr. Hutchison also conveyed his support; however,
he felt that the budget needed to be considered to ensure that the City could afford
to support the program in terms of costs associated with staffing. Mr. Anderson
noted that the previous budget for the Committee was only approximately $1,000 and
that the founding resolution allowed for the Committee to raise money as well.
Mayor Christiansen noted that the first Youth Advisory Committee was activated in
1990 and at that time, a budget was not considered in creating the Committee and
getting the youth involved. The Committee at that time had members from Dover
High School, Caesar Rodney High School, two (2) City residents who attended
Polytech High School, and one (1) attending private school. Mayor Christiansen
noted that the Youth in Government Day that was created had continued, in spite of
the dissolution of the Committee and not having a budget to work with.
Mr. Caldwell expressed his feeling that money should not interfere with the
opportunity to involve the youth and have their voice be heard.
The Committee recommended reviving the Youth Advisory Committee and
reviewing applications at the March 9, 2015 Parks, Recreation, and Community
Enhancement meeting.
By consent agenda, Mr. Hare moved for approval of the Committee’s recommendation,
seconded by Mr. Dixon and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 25
Updates
Community Development Block Grant (CDBG) Program Quarterly Update
Mrs. Tracey Harvey, Planner I, advised members that Planning Department staff was
currently working on the five (5) year Community Development Block Grant
(CDBG) Consolidated Plan that would be due to the Housing and Urban
Development (HUD) Department by May 15, 2015. As part of the process, the first
public hearing was held November 12, 2014 at the Dover Public Library.
Mrs. Harvey indicated that multi-year grants were currently being accepted for the
FY15-19 program years for eligible projects in the City and stated that the deadline
was today, February 9, 2015 at 5:00 p.m. She noted that, as of the time of the
meeting, approximately eight (8) applications had been submitted. Mrs. Harvey
stated that the Mayor and Community Development staff attended the Mayor’s
Challenge to End Veterans’ Homelessness Roundtable Summit at the HUD
Philadelphia field office in December 2014. The summit featured panel discussions
and brainstorming discussions ranging from building coalitions to available resources
and supportive services to end veteran homelessness. The Mayor’s working group
also held their own Summit to End Veterans’ Homelessness by December 2015 on
January 22, 2015 at Delaware Technical and Community College, which was well
attended. In addition, Mrs. Harvey advised that a “Boot Camp” had been scheduled
for March 2, 2015 at the Dover Public Library for housing providers to kick off the
initiative to develop a process to house homeless veterans.
Responding to Mr. Anderson regarding strategies planned as a result of the homeless
summit for veterans, Mrs. Harvey stated that those strategies will be rolled out during
the Boot Camp and advised that there is not a large population of homeless veterans
in the City of Dover. In response to Mr. Anderson, Mrs. Harvey stated that she did
not have the exact count at this time; however, a Point in Time Survey was
completed on January 30, 2015, so she should have that information soon and would
advise members once it was available. Mrs. Harvey mentioned that results from last
year indicated that there were only four (4) homeless veterans in Dover; however,
that number was not accurate. As a result, the process for obtaining this information
was changed to take a count several times throughout the year to obtain more
accurate figures. She advised that the Code Purple program is now in effect in
Dover, which should help with obtaining that information.
Responding to Mr. Anderson, Mrs. Harvey advised that some of the strategies
planned in the effort to end veteran homelessness included transitional housing and
permanent support of housing, and the Delaware State Housing Authority (DSHA)
would be giving veterans first preference as vacancies become available.
Mr. Anderson inquired about the process involved in seeking assistance from the
Veterans Affairs (VA), stating that it can be difficult and that many veterans are not
informed or able to complete the necessary paperwork. In response, Mrs. Harvey
stated that this type of assistance is being provided, as well as ensuring all avenues
can be pursued to get the veterans the help they need.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 26
In response to Mr. Anderson, Mrs. Harvey explained that the City’s CDBG program
began in year three (3) of a five (5) year cycle, and that this year would begin the first
full five (5) year cycle for the program.
Recreation Needs Assessment
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
advised members that for the past month she had been primarily consumed with the
process of obtaining the City’s Downtown Development District designation;
therefore, updated information was limited. She stated that a Request for Proposal
(RFP) had gone out with funds from the FY15 budget to begin the planning process,
starting with Dover Park, to incorporate feedback from the survey, and begin
outreach into a design for the park, including lighting, vegetation, a potential spray
pad, indoor restrooms, and reservation of a building pad for future use, should it be
determined that it is necessary. Mrs. Townshend explained that the same process
would then be followed for Schutte Park and then Silver Lake Park.
Responding to Mr. Hutchison regarding how the funding from the Governor and the
support coming from Kent County Levy Court would affect the Downtown
Development District target area, Mrs. Townshend indicated that money would not
come through the City, it would go directly to individual private applicants and
property owners. She briefly explained the process, stating that after an initial
$25,000 investment is made on a business or property, the party will be eligible for
a rebate for up to 20% from the State, and Kent County will match that rebate up to
$10,000. For example, Mrs. Townshend stated that if an investor purchased a
building that needed $150,000 in improvements, the first $25,000 of that $150,000
would be funded by the property owner, and the remaining $125,000 would be
eligible for reimbursement, up to 20% from the State and $10,000 from Kent County.
She explained that, after the work is complete, the property owner would submit
receipts, if the project is under $250,000, to request reimbursement. If the project is
in excess of $250,000, the property owner would need to go through a reservation
process, for which the State is currently accepting applications. Mrs. Townshend
said she was aware of at least two (2) or three (3) property owners already going
through the reservation process. She advised of additional incentives, such as permit
fees, building permits, impact fees, and property transfer fee waivers (after March 1,
2015), stating that once a Certificate of Occupancy (CO) is issued, the buyer’s
portion of the transfer tax will also be rebated. Additionally, Mrs. Townshend said
participants could qualify for business license fee waivers, along with home
ownership incentives.
Responding to Mr. Hutchison, Mrs. Townshend advised members that the City’s
contribution would be in-kind, noting that all City revenue benefits for new
businesses in the downtown area will be waived for a period of time. While there
would be additional businesses and activities, the City would not see the revenue
from that increase initially. Mrs. Townshend advised Mr. Hutchison that the target
area included Mary Street down to Water Street and the area east of Cherry Street and
Lincoln Park, ending at State Street.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 27
Mr. Hutchison stated that the Presidents Counsel on Public/Private Partnerships and
the Future of City Hall, Weyandt Hall, Former Dover Library and Other City
Properties met to address the needs of the City and the best way to address those
issues and concerns within the City of Dover was part of the total movement to
improve the City. Mr. Hutchison recognized the efforts and support of everyone in
the City, particularly the Planning Department, Fire Marshal’s Office, and Law
Enforcement.
Mr. Neaton indicated that, in addition to the incentives recognized by
Mrs. Townshend, the Downtown Dover Partnership would be providing up to $5,000
reimbursement for architectural assistance, in addition to facade grants for upgrading
the front of buildings or for signage.
Responding to Mr. Hutchison, Mrs. Townshend stated that the incentives do not
include funding for demolition.
Mr. Dixon shared his concern that the community did not understand the Downtown
Development District designation, what it means, the benefits of the designation, etc.
Mrs. Townshend advised that the City will be holding three (3) workshops on
February 26, 2015 at Dover Public Library and people from the various entities
involved would be there to explain their portion of the program and to educate the
community. Mrs. Townshend also said that an interactive GIS map was in the
process of being made available for the City’s website, so that people can click on
a property and be able to determine which incentives are available. The GIS mapping
tool would allow the applicant to print a map to include in the application, as it is a
State requirement to document conformance with the City’s District plan. She stated
that City staff and the Delaware State Housing Authority (DSHA) were making
themselves available to review and explain the process to anyone needing assistance
and were willing to review applications before submission to the State.
Mrs. Townshend stated that the City has five (5) different brochures to distribute and
educate the community and the State has brochures as well.
Mayor Christiansen expressed his sincere appreciation and acknowledged the depth
of the time, work, and effort of Mr. Scott Koenig, City Manager; Mrs. Townshend
and her staff; Mr. Bill Neaton, Economic Development Manager; and Mr. Kirby
Hudson, Assistant City Manager, referencing the specific benchmarks that had been
set during weekly meetings to keep the momentum to promote and improve Dover.
Regarding Mr. Dixon’s concerns about individuals without computers having access
to all of the tools and information, Mrs. Townshend assured him that she, her staff,
and others involved would be available to assist anyone who needs help in any way
necessary to be sure they get all of the information they require.
By consent agenda, Mr. Hare moved for acceptance of the Parks, Recreation, and Community
Enhancement Committee Report, seconded by Mr. Dixon and carried by a unanimous roll call
vote.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 28
UTILITY COMMITTEE REPORT - FEBRUARY 9, 2015
The Utility Committee met on February 9, 2015 with Councilman Slavin presiding in the absence
of Chairwoman Williams.
Reimbursement Agreement with Pioneer Materials - Abandonment of Shallow
Well #7A
Mr. Scott Koenig, City Manager, informed members that Shallow Well #7A is one
(1) of the City’s raw water wells located east of the City, and the City supplies the
Long Point Road Water Treatment Plant with water from the Columbia Aquifer.
This is one (1) of three (3) aquifers that the City draws from, and is the shallowest
aquifer.
Mr. Koenig explained that there is a sand and gravel mining operation scattered
throughout this well field. In December of 2007, Pioneer Materials (formerly known
as Tilcon) was excavating very close to the easements associated with this well and
damaged the raw water and electrical supply lines to the wellhead. Since that time,
the well supply had not been operable. Mr. Koenig advised members that, because
of the long-term well and mining operations at this location, the City and Pioneer
Materials believed it would be in the best interest to abandon this well, based on its
current condition. The City had been negotiating with Pioneer Materials to develop
an acceptable solution and, currently, it is felt that the well should be abandoned in
accordance with State standards and all of the equipment should be removed.
Mr. Koenig indicated that a price of $13,126 was stated in the agreement for Funding
for Shallow Well 7A Abandonment, including all of the associated closure items.
Pioneer Materials would agree that if the City were to re-drill this well in the future,
Pioneer Materials would contribute up to $50,000 for the siting and construction of
a new well. Given the current restrictions in the Columbia Aquifer, Mr. Koenig was
unsure if the City would drill another well at this location because of the way the
State is managing this water supply permit. He indicated that the State had restricted
the City in the Columbia Aquifer because of concerns with the pumping levels
associated with farming operations around the Long Point Road Water Treatment
Plant. In regard to the $13,126 cost of abandonment, Mr. Koenig stated his
expectation that the City would front the money and then bill Pioneer Materials for
reimbursement at the same time that the City is billed by the contractor. This would
be reflected as an expense on the City’s budget, but there would be miscellaneous
income coming from Pioneer Materials to pay the bill.
Staff recommended acceptance of the reimbursement agreement and authorization
for the City Manager to execute it.
Mr. Perza questioned if the 10-year time frame related to the $50,000 contribution
toward construction cost would start at the time the equipment is removed or would
be retroactive to 2007. Responding, Mr. Koenig stated his feeling that it would be
10 years from the time the reimbursement agreement is executed, ending in
approximately 2025. Mr. Perza noted that the language in Paragraph C of the
agreement left this matter open to interpretation as being retroactive to 2007, and
Mr. Koenig agreed to clarify this before the matter is considered by Council.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 29
In response to Mr. Perza in regard to the risk of harm to anyone in the community
from the well, Mr. Koenig indicated there was no risk, stating that the well pipe was
approximately six (6) to eight (8) inches in diameter and is closed.
Referencing the amount of up $50,000 that would be paid by Pioneer Materials
toward a future well, Mr. Blakeman questioned if there were any restrictions related
to where a new well could be placed. Mr. Koenig stated that the location would be
limited to the Columbia well field, since this well was feeding the water treatment
plant in the area. He felt that drilling a well on the west side of town would not be
within the intent of the agreement.
The Committee recommended authorizing the City Manager to execute the
reimbursement agreement, as recommended by staff.
During the Council meeting, Mr. Koenig advised members that the ten-year time frame for
reimbursement began in December of 2007 and they have until December of 2017 to construct the
new well. He noted that staff had been working with the State of Delaware on the permitting of all
City wells and, because of concerns related to the pumping of the aquifer and saltwater intrusion,
there will be a contraction of the permit associated with the Columbia aquifer.
Mrs. Williams moved to authorize the City Manager to execute the reimbursement agreement,
as recommended by the Committee. The motion was seconded by Mr. Hutchison and carried
by a unanimous roll call vote.
Quarterly Review of Utility Related Capital Investment Plan (CIP) (Electric and
Water/Wastewater) (October, November, and December)
Mr. Scott Koenig, City Manager, reviewed the General Fund - Major CIP Projects -
Quarterly Report as of December 31, 2014. Mr. Koenig stated that Project Code
ST1304 - Garrison Farm Improvements included improvements including
stormwater, roads, and ditching associated with the Garrison Farm. He explained
that those projects were underway and slightly behind, but progressing through
completion. He noted that this project goes back to FY13 funding. Mr. Koenig
indicated that staff was working through the FY14 projects. The air conditioning
system had been installed at the John W. Pitts Center and final testing would be done
in the summer when the temperatures rise. Demolition at White Oak Park was
complete. The Concrete Program and the FY14 Bonded Street Programs were
coming to an end. Mr. Koenig explained that the Village of Westover project related
to money that was called on a letter of credit, and the balance of those funds was
transferred to Cannon Mill. Work was currently underway at that Cannon Mills.
Mr. Koenig stated that a number of FY15 projects were underway associated with
the General Fund.
Mr. Koenig reviewed the Community Transportation - Major CIP Projects, noting
that they included older projects, such as South Street Paving, as well as newer
agreements for Loockerman Plaza, Townsend Boulevard, and Village of Cannon
Mill.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 30
In regard to the Water/Wastewater Improvement & Extension Fund - Major CIP
Projects, Mr. Koenig indicated that staff had been working to find a second site for
the Elevated Water Storage Tank in the Denneys Road area and was moving toward
a favorable relocation of that project to another property. Construction of the Piney
Point Well was complete and staff was in the process of getting permits approved by
the State to turn the well into production. It was planned to time production with the
acceptance of wastewater flow and the beginning of testing of the Calpine project in
the next few weeks. Mr. Koenig stated that the Garrison Farm Water Tank was
underway, as well as wastewater improvements at that location. A number of
additional wastewater projects were underway, specifically Inflow and Infiltration
(I&I) projects at Buck Drive, White Oak Farms, and Towne Point, and pump station
projects throughout the City.
In regard to Electric Improvement & Extension Fund (I&E) - Major CIP Projects,
Mr. Koenig stated that a number of projects were underway at the McKee Run plant
in the current year, as well as projects related to new developments and system
upgrades that were being “cleaned up” from FY14 and FY13 in Capital Park and
Richardson Circle. In addition, there were new projects that would be system
upgrades, including Family Dollar and Chandelle Airport. Some were related to new
customers and some to replacement of infrastructure. Mr. Koenig noted that two (2)
large projects were the Horsepond Road Substation and the General Scott Switchgear
Replacement. He advised members that the Horsepond Road Substation project was
complete and in service, and staff had prepared an overview that would be sent to
Council to highlight the improvements associated with this project. The General
Scott Switchgear Replacement project was moving forward. There were a number
of projects related to lighting new developments underway in FY15, and staff was
working through those projects.
Mr. Koenig advised members that there had been a very large backlog of projects
being addressed and moving through the queue. He expressed his hope that by the
end of 2015 there would be very little backlog moving forward and indicated that
staff had worked very hard to get those projects out of the way.
TEA/NAES Report (December)
The TEA/NAES Monthly Report for December 2014 was provided to members to
enable them to monitor electric sales and revenues received, which will provide a
better understanding of any fluctuations that occur and allow the opportunity to make
improvements if deemed necessary.
Referring to Page 12 of The Energy Authority, Inc. Monthly Management Committee
Update - December 2014, Mr. Scott Koenig, City Manager, reviewed the budget
year-to-date expenses for the City’s energy purchases. He explained that the budget
year-to-date expectation was to spend approximately$25,900,125, and so far
$23,928,123 had been expended; therefore, the City was approximately $2M
favorable on energy expenses through the end of December. Mr. Koenig stated that
the budget had been tracking “pretty much like that” in the first six (6) months of the
fiscal year and staff was hopeful that this would continue through the balance of the
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 31
year. He advised members that “things had tightened up a lot” in the energy markets
and reminded members that in January 2014, the City spent $5M more than planned,
which threw off the entire year. This was not seen in January 2015, which was
relatively routine to Mr. Koenig’s knowledge.
Mr. Koenig advised members that the Source and Formula columns in the
spreadsheet included notations reflecting how the related figures are arrived at.
The Committee recommended acceptance of the TEA/NAES Monthly Report for
December 2014.
By consent agenda, Mr. Hare moved for approval of the Committee’s recommendation,
seconded by Mr. Dixon and carried by a unanimous roll call vote.
Updates - Garrison Oak Technical Park Project
Mr. Scott Koenig, City Manager, provided the following updates on the Garrison Oak
Technical Park (GOTP):
City Infrastructure/Calpine Energy Center
Mr. Koenig explained that three (3) different contracts were underway at the GOTP:
1) George & Lynch, Inc. was working on the wastewater pumping station, force
main, and upgrades to the White Oak Farms Pump Station and entering the
final phases of the project. The force main was in, tested, and was ready to
receive flow. George & Lynch, Inc. were still working on upgrades at White
Oak Farms, but this was not preventing flow from going into the new station.
Mr. Koenig stated that the final hook-up of the power supply was preventing
this flow. The City of Dover had run power feeds to a pedestal box adjacent
to the pump station site, and George & Lynch and their subcontractor were
in the process of hooking this up from the City’s ending pedestal, through
their cabinetry, into the station, so that the pump station could be energized
and go through the final testing. As of the current date, the intent was that the
station would be energized and tested on or before February 17, 2015 and that
the City would be receiving flow on or about that date. Once the station is
energized and ready to receive flow, Mr. Koenig stated that the City would
be receiving discharge from the Calpine site. Shortly thereafter, the City
would progress toward abandonment of the White Oak Road Pump Station,
a small pump station on the south side of White Oak Road that was part of
a planned sewer system upgrade.
2) The City had been working with A-Del Construction Company for a number
of months. Their contract includes the gravity sewer and water systems, as
well as the roads, sidewalks, and entrances onto White Oak Road.
Mr. Koenig stated that a number of things had progressed on the eastern side
of the project and both entrances were being worked on, including the new
entrance off White Oak Road. Once the east entrance was base coated and
paved, all construction traffic would flip over to the east side and they would
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 32
begin forming up curb work on the west side. Prior to this, they would be
working on stormwater infrastructure on the west side. Mr. Koenig advised
members that the contract was running behind; it was hoped that the road
would be paved by this point and this was beginning to cause scheduling
problems, but A-Del was doing what they could to come back into
compliance with the specifications and timelines. The contractor had not
requested the weather days at this point, so they had not been factored into
the completion date. The original completion date was December 31, 2014.
Mr. Koenig noted the importance, moving forward, of making progress on
good days and ensuring on bad weather days that arrangements are made to
afford for rain, ponding, and puddling.
3) In regard to the water tower project, Mr. Koenig stated that Chicago Bridge
and Iron Company had done some work in the fall. They had demobilized
and were supposed to return in early February; however, returned in
mid-January to begin the base of the tower and work was progressing.
Mr. Koenig stated that progress was being made every day, all projects were moving
forward, and the entire project was coming to an end.
Noting that power lines were run to the Cartanza substation, Mr. Blakeman inquired
if the switchgear and breakers were in place on the Delmarva Power and Light side
of the substation. Mr. Koenig stated that, to his knowledge, everything was ready.
He stated that when the City can begin accepting wastewater flow, Matrix, the
Garrison Energy Center’s construction manager, will begin the testing sequence of
the plant and will be dumping “test power” to the grid. The only impediment that
had been indicated to Mr. Koenig was the wastewater pump station.
Dover Sun Park
Mr. Scott Koenig, City Manager, reviewed the Electric Revenue Fund FY15 - White
Oak Solar Park Incremental Cost. He advised members that the YTD column
reflected an incremental energy cost of approximately $515,000 through December
2014. He explained that this was the added cost of the power associated with the
Dover Sun Park. Mr. Koenig felt that these figures were tracking as expected and the
Dover Sun Park was functioning and performing as anticipated in the budget.
Mrs. Williams moved for acceptance of the Utility Committee Report, seconded by Mr. Dixon
and carried by a unanimous roll call vote.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
FEBRUARY 9, 2015
The Legislative, Finance, and Administration Committee met on February 9, 2015, with Chairman
Slavin presiding.
Proposed Ordinance #2015-05 Fiscal Year 2015 Second Budget Amendment
Mr. Scott Koenig, City Manager, advised members that the proposed budget
amendment included adjustments to the Beginning Budget Balances for all funds
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 33
now that the City’s audit had been completed. It also included any adjustments
related to Council Actions in the budget year to date on changes in project budgets
or operating items that were not included in the original budget.
Mr. Koenig indicated that Council’s policy on transferring savings from prior year
personnel expenses to the Pension or Other Post-Employment Benefit (OPEB) Trust
Funds had also been included. The General Fund included a transfer to the Police
Pension Fund of $100,000 and a transfer to the Civilian Pension Fund of $543,000,
for a total transfer of $643,000. This $643,000 was the savings that was realized in
personnel-related expenses in FY14 and was in accordance with Council’s prior
policies. The Water/Sewer and Electric Funds did not have any personnel savings due
to the change in pension accounting standards, so there were no additional
contributions from any of the utility funds proposed.
Additional adjustments were as follows:
•Increases to Division budgets for vacation sell-back, retirement payout, and
education assistance with a corresponding decrease to Other Employment Expenses
across all applicable funds. Mr. Koenig advised members that this technique was
used previously to keep individual department budgets from being inflated, rebated
to vacation sellback, or even potentially retirement.
•Transfer In from the Contingency Reserve for the final payment of the outstanding
police grievance that had to be paid in FY15 with a corresponding adjustment to the
Police budget. Mr. Koenig stated his belief that this amount was $50,000.
•Increases in the following revenue items based on greater than planned receipts in
Kent County Reciprocal Borrowing and Municipal Street Aid.
•A transfer of $80,000 in capital project funds to the Parks and Recreation Reserve
to set aside the budgeted funds for the White Oak Park improvements while awaiting
the final needs of the recreation assessment. This was also in accordance with
Council’s requests and actions related to the budget hearings held in 2014.
Mr. Koenig explained that after the above adjustments, the General Fund Budget
Balance would be $385,000 over the budgeted amount. It was staff’s
recommendation to replenish the Contingency Reserve for the $300,000 used to settle
the police grievances and to transfer the $85,000 to the Capital Asset Reserve in light
of potential funding needs of the President's Counsel on Public/Private Partnerships
and the Future of City Hall, Weyandt Hall, Former Dover Library and Other City
Properties. He stated that these two (2) items had not been incorporated into the
Budget Ordinance to allow for discussion. Mr. Koenig stated that if the
recommendation were acted on favorably or modified, those modifications would be
placed in the final version of Ordinance #2015-05.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 34
In regard to the payback of the Contingency Reserve Fund, Mr. Anderson asked if
this would normally be accomplished over a couple of years and if it were proposed
all at once because the money was available. Responding, Mr. Koenig stated that
staff recommended replenishing the Contingency Reserve Fund because the money
was available and the Fund was depleted by $250,000 in FY14 and by an additional
$50,000 in FY15, for a total of $300,000. He explained that the $385,000 being
discussed was actually FY14 money.
Mr. Anderson inquired as to the reason for staff’s recommendation regarding the
President's Counsel on Public/Private Partnerships and the Future of City Hall,
Weyandt Hall, Former Dover Library and Other City Properties. Responding,
Mr. Koenig stated that there was discussion at the President’s Counsel meeting held
on February 4, 2015 regarding potentially hiring appraisers to appraise City
buildings. He noted that at some point the assistance of architects would likely be
needed to plan the space and evaluate which proposed alternative is the best to
pursue. Mr. Koenig indicated that it was felt it would be best to place this money in
a reserve until there is a clearer idea of the expenses. At that point, a request would
come before Council to apply reserve funds to architectural or other related services.
He noted that Council could also decide to apply these funds to a different project.
Referring to total savings in personnel expenses in FY14 of $643,000, Mr. Slavin
applauded those efforts and questioned how this occurred. Responding, Mr. Koenig
stated that the savings was related to the timing of employees leaving and the hiring
of new employees. He indicated that the personnel budget is approximately $30M
in all funds and estimated that approximately $18M - $20M of this amount was in the
General Fund.
Mr. Slavin stated that some might say that the City overbudgets by more than $0.5M
in personnel, which drives the tax rate. He indicated that he was not one (1) of these
individuals but suggested that Mr. Koenig “prepare his defense” for this. Mr. Koenig
stated that preparing the budget is not an exact science and agreed with Mr. Slavin
that he would much rather be “in the black” in this area. Mr. Koenig explained that
this figure includes salary and benefit savings, and in some cases staff may have
budgeted for a retirement payout that did not happen.
In response to Mr. Slavin regarding the policy level for the Contingency Reserve
Fund, Mr. Koenig stated his belief that the whole fund was funded at $300,000;
however, he did not have this number with him. At Mr. Slavin’s request, he agreed
to check on this figure.
Mr. Slavin requested clarification regarding the President's Counsel on Public/Private
Partnerships and the Future of City Hall, Weyandt Hall, Former Dover Library and
Other City Properties, since this committee had been called by this title and was also
being referred to as a building committee. He questioned whether or not the
committee was meeting in accordance with the Freedom of Information Act.
Responding, Mrs. Traci McDowell, City Clerk, stated that this committee has
Council and civilian members and adheres to all the requirements for public meeting
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notices and minutes. (City Clerk’s Office Note: City Council established an ad hoc
Committee to study the future of City Hall, Weyandt Hall, and the Former Dover
Public Library during their Regular meeting of November 12, 2013, as recommended
by the Legislative, Finance, and Administration Committee. During the Regular
Council meeting of August 25, 2014 the Committee members were appointed and, at
the request of Council President Bonar, the Committee was called the President's
Counsel on Public/Private Partnerships and the Future of City Hall, Weyandt Hall,
Former Dover Library and Other City Properties.)
Mr. Anderson moved to amend Ordinance #2015-05 to include the transfer of
$300,000 from surplus funds into the Contingency Reserve Fund. The motion was
seconded by Mr. Sudler.
Mr. Hare asked if the $300,000 that could have been used to help offset a tax increase
in FY16. Responding, Mr. Koenig stated that Council had the discretion on how they
would like to use this $300,000, which amounted to just under $0.01 on the tax rate.
Mr. Hare noted that these funds could have been used to hire additional police
officers.
Mr. Koenig stated that if there were no need to replenish the contingency fund with
$300,000, these funds could have been used for any General Fund expense related
to City of Dover operations, as requested by Council.
Mr. Sudler inquired if the City had insurance to cover the $300,000 related to the
grievances or if these funds had to come out of the City’s “pocket.” Mr. Koenig
explained that the City has an insurance company; however, ultimately the feeling
was that it was in the City’s best interest to settle the grievances immediately rather
than allow its insurance company to defend any potential lawsuit that might come out
of the disagreement. He stated that if the City had not acted and a suit had been filed
against the City, the insurance company would have defended the City through that
suit and the City would have had to pay its deductibles. Because the suit was settled,
the insurance company’s answer was that they would have allowed the matter to go
to a lawsuit and defended it that way.
The Committee recommended amending Ordinance #2015-05 to include the transfer
of $300,000 from surplus funds into the Contingency Reserve Fund.
In regard to the remaining amount, Mr. Anderson expressed his belief that there was
merit to putting studies in the works. He reminded members of previous discussion
indicating that the City should remember the Parks and Recreation budget, which had
been “squeezed”, when the City did have money that was over budget. He indicated
that several items that had come up in regard to the Recreation Needs Assessment,
including budget items related to design that would be beneficial over the next year.
Mr. Anderson proposed that part of the funds go to the Parks and Recreation budget
and part to the President's Counsel on Public/Private Partnerships and the Future of
City Hall, Weyandt Hall, Former Dover Library and Other City Properties.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 36
Mr. Anderson moved to recommend amending Ordinance #2015-05 to allocate
$60,000 of the remaining $85,000 to Capital Asset Reserve for the President's
Counsel on Public/Private Partnerships and the Future of City Hall, Weyandt Hall,
Former Dover Library and Other City Properties and $25,000 to the Parkland Reserve
Fund, to be taken out of the Parkland Reserve Fund at a later date if approved by
Council. The motion was seconded by Mr. Sudler.
Mr. Sudler questioned how close the City was to the Dover Park plan of action and
budget. Responding, Mrs. Ann Marie Townshend, Director of Planning and
Community Development, stated her hope that, within the next month, staff would
have a solid draft of the Recreation Needs Assessment document; however,
highlights were provided to the Parks, Recreation, and Community Enhancement
Committee during their meeting of January 12, 2015. She noted that staff was
getting ready to prepare a Request for Proposals (RFP) for landscape architecture
services for a plan for Dover Park based on the results of the Needs Assessment.
Mr. Shevock noted that staff’s recommendation was to put funds to the Contingency
Reserve Fund and then transfer $85,000 to the Capital Asset Reserve Fund. He
questioned the reason for putting the $85,000 in the Capital Reserve Asset Fund.
Responding, Mr. Koenig stated that Mrs. Mitchell and he agreed that after funding
the Contingency Reserve, the initial recommendation from staff would be for capital
needs versus operating budget needs. Staff had been trying very hard to have
departments manage their operating budgets to levels authorized by Council, with
minor departmental changes, because it was believed that extra money should go to
capital needs.
Mr. Shevock questioned where money would be drawn from for capital assets if the
funds proposed were moved to these areas and an emergency arose. Responding,
Mr. Koenig stated, for example, if there were a catastrophic failure of a building, the
capital asset reserve would be used. If it were utility-related, it would come from the
utility asset reserve. If there were a high operating expense that came “out of the
blue”, staff would typically try to contain it in the operating budget, and if this were
not possible, staff would ask Council for a transfer from the reserve into the
operating budget. Mr. Koenig explained that the safeguard was to keep these funds
out of general operating expenses and put them into the capital asset or other reserve
so that staff would have to come to Council for specific authorization on how to use
those funds.
Assuming these funds were transferred and a catastrophic event occurred,
Mr. Shevock questioned if the money could be pulled back or if they would become
“free money” that would be spent once allocated. In response, Mr. Koenig explained
that authorization would have to be obtained for funds to come back out of these
accounts. He reassured members that if there were an emergency, staff would come
before Council to request special authorization, even if it required a special meeting.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 37
Responding to Mr. Anderson, Mr. Koenig confirmed that the proposal was to put
money into the reserve accounts where it would not be spent without Council
authorization; therefore, funds would be reserved and not spent through
Mr. Anderson’s proposed amendment.
The Committee recommended amending Ordinance #2015-05 to allocate $60,000 of
the remaining $85,000 to the Capital Asset Reserve for the President's Counsel on
Public/Private Partnerships and the Future of City Hall, Weyandt Hall, Former Dover
Library and Other City Properties and $25,000 to the Parkland Reserve Fund, to be
taken out of the Parkland Reserve Fund at a later date if approved by Council.
The Committee recommended adoption of Ordinance #2015-05, as amended.
Mr. Slavin moved for approval of the Committee’s recommendations to amend Ordinance
#2015-05 to include the transfer of $300,000 from surplus funds into the Contingency Reserve
Fund and to allocate $60,000 of the remaining $85,000 to the Capital Asset Reserve for the
President's Counsel on Public/Private Partnerships and the Future of City Hall, Weyandt Hall,
Former Dover Library and Other City Properties and $25,000 to the Parkland Reserve Fund,
to be taken out of the Parkland Reserve Fund at a later date if approved by Council. The
motion was seconded by Mrs. Williams and carried by a unanimous roll call vote.
(The First Reading of the Ordinance will take place during the latter part of the meeting.)
Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ending
June 30, 2014
Chairman Slavin advised members that Mr. Scott Koenig, City Manager, would be
presenting this item in the absence of Mrs. Donna Mitchell, Controller/Treasurer.
Referring to the presentation entitled City of Dover Comprehensive Annual Financial
Report - Fiscal Year Ended June 30, 2014, Page 14 - General Fund Budget
Highlights - Fiscal Year 2014, Mr. Koenig read the following information into the
record:
The Final General Fund Budget incorporated the following changes
to the Original Budget:
• The Budget Balance carried forward from the prior fiscal year was
higher by $0.8 million than was projected. Receipts had a net
increase of approximately $0.8 million. The most significant
increases were related to intrafund service receipts related to the
accounting change for pensions, transfer taxes, court of chancery fees,
and building permits. The most significant reductions were police
extra duty fees and civil traffic penalties.
•Expenditures were revised to reflect an aggregate increase of $1.1
million. Increased employer contributions to the Police and Employee
Pension funds accounted for most of the increased budget expense
with a slight increased in the transfer to the capital project fund. The
increases were offset by decreases in street lights, insurance, police
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 38
pension grants and fire services. The net result of these changes was
a $0.5 million increase in the revised budget balance over the Original
Budget Balance (on a non-GAAP basis).
General Fund actual revenues and other financing sources matched
the final total revenues with a $23,000 positive variance.
Mr. Koenig advised members that, in his opinion, the numbers were tracking very
tightly. He indicated that financial controls are very tight on the City and the
numbers in the CAFR reflect that. He requested that Mrs. Mitchell be given the
opportunity at the Council level to do an appropriate presentation of the CAFR
during the City Council meeting scheduled for February 23, 2015, because this is
something that she and her staff had worked very diligently on over the last few
months. Mr. Koenig requested that everyone read three (3) specific pages in the
CAFR presentation before that time: Page 12 - Changes in Net Assets -
Governmental Activities; Page 13 - Changes in Net Assets - Business Type
Activities; and Page 14 - General Fund Budget Highlights - Fiscal Year 2014, since
he felt this information summed up where the CAFR stands.
In regard to the electric utility, Mr. Anderson stated that there were additional
expenses in that account which came out of the Electric Stabilization Fund and asked
Mr. Koenig to elaborate on the effect and how much was left in that fund.
Responding, Mr. Koenig stated that he did not know the exact amount that was left
in the fund; however, he noted that during the FY15 budget hearings, a gap of
approximately $2.2M was anticipated in the General Fund. Staff recommended that
this gap be filled through a tax increase. Through budget deliberation, Council
altered that number slightly downward, and ultimately the gap was filled by a revised
transfer from the Electric Fund to the General Fund. The proposed transfer was $8M;
the revised transfer was $10M, and Mrs. Mitchell used that $10M as a baseline
transfer in the five (5) year financial forecast, which accelerated the depletion of the
Rate Stabilization Fund. Mr. Koenig indicated that staff was currently re-running
those numbers as part of fiscal forecasting for the electric utility. The concern was
that the $10M transfer will deplete the Rate Stabilization Fund rather quickly, and a
rate increase may be discussed sooner than would have occurred had the transfer
remained at $8M. He indicated that the net effect of that increased transfer is that it
will likely cause the City to have to increase electric rates sooner than would have
been necessary if the transfer had stayed at $8M, noting that there were a number of
variables involved.
Review of Training, Conference, and Travel Policy
Mr. Scott Koenig, City Manager, reviewed the draft revised City of Dover Training,
Conference, and Travel Policy. He advised members that this policy is reviewed by
Mrs. Donna Mitchell, Controller/Treasurer on a regular basis. He noted that
revisions to the policy were included in red font and were relatively minor changes.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 39
Staff recommended approval of the revised City of Dover Training, Conference, and
Travel Policy.
The Committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Hare moved for approval of the Committee’s recommendation for
approval of the revised City of Dover Training, Conference, and Travel Policy (Exhibit #1 ),
seconded by Mr. Dixon and carried by a unanimous roll call vote.
Review of Effectiveness of the Safe Communities Ordinance (Request of
Councilman Anderson)
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
advised members that the City’s Safe Communities Ordinance: 1) requires the City
to provide landlord training whereby landlords would learn a number of things, such
as better screening of tenants, the proper eviction process, fair housing, and drug
identification, as taught by the Police Department. The idea is that when landlords
go to the class, they would obtain a better sense of how to manage properties in a way
that is a benefit and not a detriment to the community. Mrs. Townshend stated that
the ordinance also requires that landlords and tenants enter into a lease addendum
that must be presented to the City when utility services are established. In this
addendum, tenants would acknowledge that if they, members of their family, guests,
or others associated with them commit certain criminal acts within 500 feet of the
property, they could go down the path for eviction. The ordinance states that if the
problem continues, the City can force the landlord to initiate the eviction process.
Mrs. Townshend stated that the ordinance had been in effect for approximately 1½
years and four (4) training sessions had been held. Each had been well attended and
feedback had been positive. The City had not had to force any evictions. There had
been a number of cases relating to problem properties where information had been
received from the Police Department. She indicated that there had been a couple of
times when letters had been sent notifying landlords they were reaching a point where
they would have to evict. She explained that some landlords do not know that their
tenant is a problem; therefore, that communication is helpful. Mrs. Townshend
explained that she had discussed with Police Chief the need to ensure that officers
file a report when responding to calls at properties that have had repeated problems,
since this would provide something to go on if an eviction must be forced. She
indicated a few areas could be “fine tuned”, noting a few cases where the lease
addenda did not get to where they needed to be, so staff was improving the method
of tracking. Mrs. Townshend indicated that some landlords had requested staff to
send them a letter so that they now could tell their tenant that they were causing the
landlord trouble with the City, reiterating the importance of having data from the
Police Department. As time moves on and some of the “kinks” are worked out, she
felt the City would continue to see benefit.
Responding to Mr. Anderson in regard to whether there was a need to revise the
ordinance, Mrs. Townshend expressed the need to give the ordinance a chance to
work. She indicated the desire not to be so prohibitive that people would be evicted
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from their property for things that were not serious but also make sure that it gives
“the hammer” to deal with problem cases. She noted that the ordinance may need to
be re-examined in the future.
Mr. Anderson questioned the outcome regarding a notable case in The Hamlet.
Responding, Mrs. Townshend stated that the last tenant at this property left on their
own accord. At this point, there had been so much interaction with this particular
landlord, that she felt he was being more vigilant in dealing with his properties
because the complaint volume had decreased.
In response to Mr. Sudler regarding the relationship of the Safe Communities
Ordinance and the State of Delaware landlord tenant code, Mrs. Townshend stated
that the Safe Communities Ordinance does not affect the State Code because it does
not supersede or attempt to supersede the eviction process. The Safe Communities
Ordinance indicates that if certain infractions happen, the landlord has to initiate the
process. If the landlord does not initiate the process, the rental permit would be
suspended. The property would then be shut down and utilities terminated.
Mrs. Townshend explained that unless there is a serious life safety issue, tenants are
given 30 days to vacate. At one point, staff was concerned that landlords would try
to use that in their favor to get around the process; however, if it comes to the point
of suspending the rental permit, every Code violation in the property would need to
be fixed and there is a $100 reinstatement fee. Mrs. Townshend felt that the few
landlords who tried to “use” the City in that regard had figured out that it is not to
their benefit.
Automatic Escalator for Building-Related Permit Fees (Request of Councilman
Anderson)
During the meeting of August 11, 2014, members of the Legislative, Finance, and
Administration Committee considered this matter and recommended that an
automatic escalator for building-related permit fees be referred to staff with their full
ability to revise in its entirety to develop recommendations based upon its intent. The
Committee’s recommendation was approved by City Council during their meeting
of August 25, 2014.
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
advised members that building permit fees are based on the building construction
valuation, and the City uses construction valuation tables that are issued through the
International Code Council (ICC). The ICC updates these tables every six (6)
months. Staff had been using the tables that were in place at the time of the ICC
Code adoption, but had now determined that the August version for each year should
be used. Mrs. Townshend stated that by virtue of using current construction values,
there is an automatic escalator in building permit fees only, since there is a cost per
square foot for these permits, depending on the type of construction. This negates
the need to increase the building permit fee over time because, by virtue of the
construction value going up, the fees should increase on their own.
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Mr. Anderson explained that by making an administrative change in the valuation,
the City would be updating by using current valuation instead of the valuation being
“stuck” in a particular year.
Mrs. Townshend stated this is a more realistic approach and would allow
consistency. If the construction value that an applicant puts on a building permit is
assumed to be correct, the person who is more honest would pay a higher fee. This
automatic escalator would add consistency and allow the City to adjust to changes
in the construction cost. The HVAC, plumbing, and other building-related permits
would not change because they are based on either BTU’s, number of fixtures, or
similar things.
Mr. Anderson indicated that he was satisfied with this approach. He was unsure if
other changes were needed, but if so, they could go into the next resolution and the
Committee could discuss this.
Mr. Koenig stated that he had incorrectly told Mr. Slavin that the City was applying
the escalator previously on an annualized basis. This had been discussed, but when
checking the record, it was determined that the City adopted the 2009 building codes
and put this schedule into place. Going forward, the building valuation published
each year would be administratively put into place the August of each year building
valuations that are published through the ICC valuations.
Proposed Resolution No. 2015-01 - Dover Prospers Initiative (Economic
Greening) (Request of Councilman Anderson)
Mr. Anderson explained the purpose of Proposed Resolution No. 2015-01, noting
that there is a lot of competition in the current environment for businesses, and a lot
of opportunity that goes to places that are the most flexible, prepared, and have an
efficient, streamlined approach. He felt that the City had done a tremendous amount
to move in this direction and that staff is business friendly; however, out-of-state and
micro business people can tend to get lost. Mr. Anderson advised members that a
“one-stop shop” approach, where all needed information could be obtained in one (1)
place, had worked successfully in other areas around the country but would take
some work. He indicated that he had worked with staff and it was his belief that the
City could get “80% of the way there,” and thanked Mrs. Ann Marie Townshend,
Director of Planning and Community Development; Mr. Scott Koenig, City Manager;
and Mr. Bill Neaton, Economic Development Manager, for their help. Mr. Anderson
felt that the proposed resolution would allow access to all the information needed to
open a business in the City of Dover in one (1) place, including a packet on the City’s
website with contact information for people who will help. Mr. Anderson indicated
this would show the City to be business friendly, which would: 1) help generate small
and micro-business, and 2) help attract an occasional “home run” business when it
is seen how efficient the City is. He noted this proposal would have no cost to the
City, many aspects were already being developed, and staff was well on the way to
implementing it.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 42
Mrs. Townshend indicated that staff had been working with the business community
for a number of years in trying to address certain regulatory changes; however, it had
been approximately five (5) or six (6) years since a series of forums, workshops, or
focus groups had been held to meet with a broader cross-section of the regulated
community to determine what the problems are. Referring to Section 2 of the
proposed resolution, Mrs. Townshend explained that the Planning Department,
City Manager’s Office, and Economic Development Office would work together to
hold a series of focus groups with the business community, development community,
and real estate community. Out of this, a “road map” would be developed for the
next year whereby the City would look at re-evaluating regulations. For example,
Mrs. Townshend explained that the City’s sign regulations had been a top priority
and were rewritten, as were the commercial zone regulations. Once the industrial
zones are reviewed, she indicated that staff would be finished with those pieces that
had been identified, noting that other issues were emerging as the market changes.
She felt that a fresh list could be developed of current issues and how they can be
better addressed.
Mr. Anderson expressed his desire to have a “sunset review” of regulations, based
on the citizens’ input, to make sure that the City stays current. He felt that the
provisions in the resolution regarding focus groups may provide a larger
cross-section, as well as flexibility, since people involved would not have to commit
to a particular time period.
Mrs. Townshend stated that she suggested this approach because, depending on
which set of regulations was being tackled, the people at the table may change. She
stated that one (1) of the issues being discussed currently is parking requirements for
restaurants, which were not working well. This would be a conversation with the real
estate, development, and restaurant communities to make sure that it reflects what
they are seeing. Mrs. Townshend advised members that working on different
regulatory issues may involve a different “cast of characters” and the proposed
approach would allow the City to be flexible to the needs of the community.
Mr. Anderson noted that Mrs. Townshend had agreed a co-sponsor the resolution.
The Committee recommended adoption of Proposed Resolution No. 2015-01.
By consent agenda, by motion of Mr. Hare, seconded by Mr. Dixon and carried by a
unanimous roll call vote, Council adopted Resolution No. 2015-01, as follows:
A RESOLUTION PROPOSING THE DOVER PROSPERS INITIATIVE
WHEREAS, the City of Dover has a tradition of being friendly to business, having a diverse
economy; and
WHEREAS, we are in a globally competitive environment, which necessitates that we adopt
cutting-edge, best practices; and
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 43
WHEREAS, the Dover has a myriad of incentives which vary throughout the city; and
WHEREAS, small businesses are often intimidated by a maze of government requirements; and
WHEREAS, several small businesses have made costly errors because of the lack of information;
and
WHERAS, large employers are attracted by an efficient, cooperative government; and
WHEREAS, the economic development office has positive, cooperative relationships with the other
city departments and already has the framework necessary to implement this initiative; and
WHEREAS, each city department has an ethic of customer service and excellence; and
NOW, THEREFORE, BE IT RESOLVED THAT:
Section 1. Dover City Council directs the Economic Development Office, the City Manager, and
the Director of Planning and Community Development to develop and make available at customer
service locations, offices, and via the City of Dover website, a business packet designed to assist
start-up businesses with obtaining services and regulatory requirements involved in doing business
in Dover. The packet shall include a contact list for all City departments, a list of frequently asked
questions, incentive information, and other services to assist prospective business owners.
Section 2. Dover City Council directs the City Manager’s Office, Economic Development Office,
and Planning and Inspections Department to schedule a series of business focus groups to prioritize
improvements needed in Dover’s regulatory process and to work with stakeholders to streamline the
regulatory process and update regulations where appropriate to eliminate unnecessary barriers to
economic development. The City Manager, Economic Development Manager, and the Director of
Planning and Community Development shall provide a quarterly report to the Legislative, Finance
and Administration Committee regarding the progress of this effort.
ADOPTED: FEBRUARY 23, 2015
Freedom to Worship Act (Request of Councilman Anderson)
Mr. Anderson stated that originally in the City zoning, places of worship and places
of meeting were allowed in almost every non-manufacturing zone. However, zoning
had become more complicated over time with more commercial zones and a myriad
of residential zones, and there were inconsistencies in the code in regard to places of
meeting and places of worship. Mr. Anderson stated that he had heard a number of
associated complaints, noting that one (1) related to the property at 870 Forest Street,
formerly occupied by the Bennie Smith Funeral Home, which contains a chapel and
was rented to a counselor. Meetings were held there when the counselor was the
primary use and the church was the secondary use as it met all of the requirements;
however, after meetings had been held there for two (2) years, they suddenly did not
have the same success, which caused him concern. Mr. Anderson indicated that this
particular sub-zone had left something out as fundamental as places of meeting and
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 44
places of worship, which are just as valid as any other activity in the CA-1 Corridor
Zone. He stated that he wanted to investigate ways to keep the tradition the City used
to have of making sure that places of meeting are allowed wherever they are
appropriate for public safety and meet the normal requirements.
The Committee recommended that the issue of making sure that places of meeting
and places of worship are allowed wherever they are appropriate for public safety and
meet the normal requirements be referred to staff.
By consent agenda, Mr. Hare moved for approval of the Committee’s recommendation,
seconded by Mr. Dixon and carried by a unanimous roll call vote.
Updates
Certified Local Government Application
Members were advised that in 1980, an amendment to the National Historic
Preservation Act of 1966 established the Certified Local Government (CLG) program
to involve local governments in national preservation efforts. Most states, including
Delaware, created programs extending CLG status to local communities with a local
historic preservation district and a historic preservation commission. The CLG
program provides technical assistance to support historic preservation efforts and
eligibility for federal Historic Preservation Funds. In addition, localities participating
in the CLG program participate in the National Register nomination process for
historic properties and are strongly considered for training and technical assistance
from the State Historic Preservation Office (SHPO).
The City of Dover, Delaware 2008 Comprehensive Plan included a recommendation
within the Implementation Chapter (Chapter 15, page 179) to “Obtain Certified Local
Government (CLG) through the National Park Service.” In November 2013, City
Council instructed the Planning Office to compile the CLG application. After a
vacancy was filled on the HDC in Summer 2014, staff was able to compile the
information needed to complete the application. Providing the qualifications of
Commission members is one (1) of the application requirements. The draft
application is attached for review by the Committee and will be presented to the
HDC for their review on January 15, 2015. If recommended by City Council, staff
will submit the application to the SHPO, along with a letter from the Mayor. This
letter will be drafted once the Historic District Commission has taken action on the
application. Following the review of the CLG application, the City will enter into a
certification agreement prepared by SHPO which outlines the local government
responsibilities under the certification.
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
explained that it had taken staff some time to put together the CLG application,
which would open the City to being eligible for certain grants for historic
preservation activities, noting that there were vacancies on the HDC which was now
fully operational.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 45
Staff recommended that the application be approved and forwarded to the State
Historic Preservation Office (SHPO), to be accompanied by a letter from the Mayor.
The Committee recommended approval of staff’s recommendation.
By consent agenda, Mr. Hare moved that the application be approved and forwarded to the
State Historic Preservation Office (SHPO), to be accompanied by a letter from the Mayor. The
motion was seconded by Mr. Dixon and carried by a unanimous roll call vote.
“Safe Whistles” National Recreation and Park Association Recommended
Guidelines for Credentialing Volunteers (Background Screening for Youth
Coaches and Sports Officials for All City Recreation Offerings)
During the Legislative, Finance, and Administration Committee meeting held on
September 9, 2013, members discussed the issue of background checks for Parks and
Recreation volunteers working with youth and members recommended that staff,
specifically Mrs. Ann Marie Townshend, Director of Planning and Community
Development, and Mrs. Kim Hawkins, Human Resources Director, be directed to
review the National Recreation and Park Association Recommended Guidelines to
conduct an analysis and formulate a recommendation regarding the scope and depth
of the background checks that should be required, the cost and how it would be
addressed, the period of time the background check would remain valid, and some
type of roll-out implementation strategy to be brought back to the Committee within
one (1) month for their review and recommendation to City Council. City Council
approved the Committee’s recommendation during their meeting held on
September 23, 2013.
During the Legislative Finance, and Administration Committee meeting held on
November 12, 2013, the Committee recommended that background checks be
performed for all Parks and Recreation volunteers and contractors, including
officials, who will be working directly with youth, every three (3) years, and that staff
implement a staggered approach that would require compliance by officials by a
certain date in 2014. City Council approved the Committee’s recommendation
during their meeting held on November 25, 2013.
During the Legislative Finance, and Administration Committee meeting held on
February 9, 2014, Mrs. Ann Marie Townshend, Director of Planning and Community
Development, advised members that staff had developed a procedure and volunteer
application form and that all volunteers involved in youth programming, primarily
sports coaches, are run through a background check process, after obtaining their
permission. Those who do not come through with a clean record are disqualified.
Mrs. Townshend explained that the guidelines were reviewed with the Human
Resources Department (HR) to make sure that the process is not inconsistent with
City hiring processes and the new process is not significantly different from HR’s
process. She noted that some people had been turned away.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 46
Referring to the Criminal Background Check Automatic Disqualifiers for Youth
Sports Volunteers, Mr. Slavin suggested some rewording related to “Felonies - All
Felony offenses other than violence or sex within the past 10 (ten) years,” stating that
he could discuss this with Mrs. Townshend after the meeting.
Responding to Mr. Hare, Mrs. Townshend stated that the process in place was
working.
In response to Mr. Shevock regarding how the application form was being protected
since it contained sensitive information, Mrs. Townshend stated that forms were
being kept in a locked cabinet at the Parks and Recreation Office, in the same way
any personnel files are kept. Audits had been conducted in the past on identity theft
and those types of things.
Mayor Christiansen questioned why applications were reviewed every three (3) years,
noting that he would feel more comfortable if they were reviewed yearly.
Mrs. Townshend stated that background screening is performed on City employees
only when they join the workforce; however, she stated volunteers could be brought
through the process every year, noting that Little League and Pop Warner Leagues
do this. Mayor Christiansen felt this would be in the best interest of the City, and
Mrs. Townshend agreed.
Responding to Mr. Hare, Mrs. Townshend stated that there is an expense to
conducting the background check, which the City pays since they have difficulty
getting coaches and asking them to pay the $35 to do this would cause more
difficulty. In response to Mr. Hare, Mrs. Townshend estimated that approximately
50 background checks are done each year, and Mr. Hare noted a cost of close to
$2,000 per year. Mayor Christiansen stated that if there were a three (3) year lapse
and an incident occurred with a child, the City would be in the line of fire and incur
a liability. Mrs. Townshend stated that no one in the City wanted to be in a position
where a decision that was made adversely affected the life of a child.
Mayor Christiansen respected Mr. Hare’s concern regarding the cost but felt that
review every year would be appropriate.
Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee
Report, seconded by Mr. Hare and unanimously carried.
SELECTION OF POLLING PLACES FOR 2015 REGULAR MUNICIPAL ELECTION
The City of Dover Election Board met on February 19, 2015 and recommended that the Elks Lodge
at 200 Saulsbury Road be utilized as the polling place for the 2015 Regular Municipal Election being
held on Tuesday, April 21, 2015.
Mr. Anderson asked if the Elks Lodge would be the only polling place for the entire City. Council
President Bonar stated that it would be and he reminded members that the usual polling place for the
Third District, the Recreation Center at Dover Park, had been demolished. Mr. Anderson stated that
he would not be in favor of only one (1) polling place.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 47
Responding to Mr. Slavin, Mrs. Traci McDowell, City Clerk, stated that the cost of multiple polling
places would increase due to the need to man each location.
Responding to Mrs. Williams, Mrs. McDowell stated that the average cost of an election with
three (3) polling places is $10,000.
Mr. Hare stated that the Elks Lodge is the usual polling place for the First and Fourth Districts so
it would only be adding the Second and Third Districts to this polling place.
Mr. Anderson questioned whether an attempt had been made to locate polling places in the east or
south of the City, noting that there are schools and churches in those areas. Mrs. McDowell noted
that the typical Second District polling place, the 7th Day Adventist Church on New Burton Road,
was not available. She advised members that the Election Board considered using the former Dover
Public Library on South State Street as the polling place for the Second and Third Districts, noting
that it is located in the Second District and borders the Third District and could be used at no cost.
Mrs. McDowell also advised members that the Election Board considered using St. Andrews Church
on Route 13 as the polling place for the Second and Third Districts, at a cost of approximately $650.
Mrs. Williams moved to set the Elks Lodge at 200 Saulsbury Road as the polling place for the 2015
Regular Municipal Election being held on Tuesday, April 21, 2015. The motion was seconded by
Mr. Hutchison.
Mr. Anderson moved to amend the motion to, in addition to approving the Elks Lodge, include
looking for a second polling place for the other half of the City, feeling that it is egregious for the
entire City to be at one (1) polling place, given the transportation issues that some people have. The
motion was seconded by Mr. Slavin.
Mr. Perza questioned, if the amendment were approved, if they would approve the Elks Lodge now
or wait to determine what the results of the search would be. Mr. Anderson clarified that the
amendment was specifically to approve the Elks Lodge and look for an additional location.
Mr. Perza asked when that would have to be completed by. Mr. Anderson thought, given the
required 20-day election notice, the new location would have to be proposed by the next meeting.
Mr. Hare noted that it would be difficult to find a polling place that is really centrally located in the
districts.
Council President Bonar asked Mr. Anderson if St. Andrews would be acceptable, since it is
available. Mr. Anderson stated that it would. Mrs. Williams stated that the church would be
difficult to get to for people who have to get a ride or walk.
Mr. Slavin withdrew his second to the amendment.
Mr. Perza asked if they had the option to send this back to the Election Board to evaluate and
develop a single proposal that is the same for everybody across the board rather than approving a poll
site now and a second site in two (2) weeks, which would create confusion. He felt that it would be
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 48
better to approve everything once, maybe in two (2) weeks when members have a better idea of what
they are doing. Mr. Perza stated that he realized the polling place has to be set ahead of time, but
it is only February.
Mrs. McDowell stated that the sooner the polling places are set the better, so that candidates can
make the residents aware of the polling places as they are out campaigning. She suggested that, if
it is sent back to the Election Board, they will need direction on how many polling places to look for
and where. Mrs. McDowell explained that it was the feeling of the Election Board members that
because it is a city-wide election for the Mayor, the Second District will only be voting for the
Mayor, the Third District will be voting to fill two (2) seats, and both the Second and Third District
voters would have to vote at totally new polling places, it would be better to use the Elks Lodge
because all voters are familiar with it and it was the only polling place for the Special Mayoral
election in June.
Mr. Hare stated that, for years, the Elks Lodge was the place that all districts voted. All districts
voted for the Mayor at the Elks Lodge in June. It is probably as centrally located as any one (1)
location can be in the City and access is easy. There is no place that will be convenient for the
Second District. The Elks Lodge is probably as convenient as anyplace else, other than the 7th Day
Adventist Church, which is only convenient to the south side of the Second District. The rest of the
Second District is off of White Oak Road or behind Dover Air Force Base. Mr. Hare thought the
Elks Lodge was a good compromise option.
Mr. Anderson moved to refer this item back to the Election Board with the instructions that they find
a second location. The motion was seconded by Mr. Perza and failed by a roll call vote of six (6)
no (Dixon, Slavin, Williams, Hare, Hutchison, and Bonar) and two (2) yes (Anderson and Perza).
The motion to set the Elks Lodge at 200 Saulsbury Road as the polling place for the 2015
Regular Municipal Election being held on Tuesday, April 21, 2015 was carried by a roll call
vote of six (6) yes (Dixon, Slavin, Williams, Hare, Hutchison, and Bonar) and two (2) no
(Anderson and Perza).
FIRST READING - PROPOSED ORDINANCE #2015-05 - FISCAL YEAR 2015 SECOND
BUDGET AMENDMENT
Council President Bonar 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 March 9, 2015.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Ordinance Amendment as read by the City Clerk, by title only, as follows:
FISCAL YEAR 2015 SECOND BUDGET AMENDMENT, AS AMENDED BY LF&A #1
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 49
FINAL READING - PROPOSED ORDINANCES
The First Reading of the Proposed Ordinances was accomplished during the Council Meeting of
February 9, 2015.
Mr. Hutchison moved that the Final Readings of the Proposed Ordinances be acknowledged
by title only, seconded by Mr. Slavin and unanimously carried.
Proposed Ordinance #2015-03 Amending Chapter 102 - Taxation, Article III - Realty Transfer Tax,
Section 102-71 - Definitions; Article IV - Abatement of Real Estate Taxes, Section 102-113 -
Qualifications; and Article V - Tax Credits for Historic Properties, Section 102-152 - Application
Requirements and Section 102-153 - Application Review and Approval, with Historic District
Commission Amendment #1 (HDC#1)
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that the proposed amendments would change the boundary for the home ownership and transfer tax
incentives to align with the Downtown Development District boundary. Additionally, it would
change the process for the review of Historic Preservation tax credits at the City level to be
administrative.
Mrs. Townshend noted that there was an amendment offered by the Historic District Commission
that would clarify that if Historic District Commission approval is required for an Architectural
Review Certificate, it does not negate the applicant from seeking approval from the Historic District
Commission, it simply refers back to the zoning ordinance as it relates to the Architectural Review
Certificate.
Responding to Mrs. Williams, Mrs. Townshend stated that, currently, any application for tax credits
for historic properties has to go to the Historic District Commission. For instance, one (1) of the
eligible activities would be painting an old Victorian house. That activity does not need to go to the
Commission; however, by virtue of the ordinance, in order to get the tax credit, it would have to.
The amendment would make the tax credit approval administrative, but the Historic District
Commission would continue to review any necessary projects under the zoning ordinance.
Mrs. Williams stated that the review would be conceptual rather than picking house paint, shingles,
tiles, and roofing. Mrs. Townshend stated that the Planning Office could still refer any application
for historic tax credit to the Historic District Commission for their expertise, which they do routinely
for building permits.
Mr. Hare moved for approval of Historic District Commission Amendment #1 (HDC#1). The
motion was seconded by Mr. Hutchison and unanimously carried.
By motion of Mr. Hare, seconded by Mr. Slavin, and carried by a unanimous roll call vote,
Ordinance #2015-03, as amended by HDC#1, was adopted, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 102 - Taxation, Article III - Realty Transfer Tax, Section 102-71 - Definitions, (a)(3) -
First-time homebuyer of the Dover Code be amended to read as follows:
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 50
Sec. 102-71. - Definitions.
(a) The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
(3) First-time homebuyer means a natural person who has at no time held an interest in
residential real estate, wherever located, and which has been occupied as their principal
residence, and who intends to occupy the property being conveyed as his principal
residence, within 90 days following recordation of the deed. The first-time homebuyer
must file an affidavit certifying to his qualifications before the exemption can be granted.
In order to alleviate claims for rebate of the transfer tax paid, no rebate shall be made
once the deed for the transaction has been recorded. First-time homebuyers submitting
a false affidavit in any respect, which would entitle them to the exemption, shall be
subject to payment of the unpaid transfer tax, plus interest at the rate of one and one-half
percent per month and, upon direction by the council, referral to the attorney general of
the state for criminal prosecution. This subsection shall apply to all real estate settlements
held on or after January 2, 2000. First-time homebuyers are exempt from the transfer tax
as provided herein. The first-time homebuyer exemption shall apply to the seller of
property that qualifies for the first-time buyer exemption but only for property located
within the downtown redevelopment high priority target area defined in Appendix C.
Council shall have the right to deny this exemption to any property owner where the sale
and purchase appears to be done fraudulently to take advantage of the realty transfer tax
exemption ordinance.
BE IT FURTHER ORDAINED:
That Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113 -
Qualifications (d) of the Dover Code be amended to read as follows:
Sec. 102-113. - Qualifications.
(d) Any persons purchasing residential real property in which they will reside within the
downtown redevelopment high priority target area defined in Appendix C shall be given tax
relief from the payment of real estate taxes in the following manner: first year of ownership,
total tax abatement; second year of ownership, 75 percent tax abatement; third year of
ownership, 50 percent tax abatement; fourth year of ownership, 25 percent tax abatement; fifth
year of ownership, no tax abatement. Provided however that the homeowner is required to
occupy the home as their principal place of residence during the entire time that the taxes are
abated and if the property ceases to be their principal place of residence at any time during the
four-year period of abatement, then they shall lose their right of abatement and shall be
required to pay immediately all taxes abated up to the time that the home ceases to be their
principal residence. In order to obtain the tax abatement, the homeowner must make
application by affidavit submitted to the city clerk showing qualification for the abatement and
each year thereafter, submit a similar affidavit showing their continued right to the abatement.
If qualification for the abatement ceases within the four-year period of abatement the
homeowner is required to notify the city clerk of the lack of qualification for the abatement and
within 90 days from the date the qualification ceases, pay all taxes abated in the past.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 51
First year of owner occupancy ..... 100 percent reduction of taxes
Second year of owner occupancy ..... 75 percent reduction of taxes
Third year of owner occupancy ..... 50 percent reduction of taxes
Fourth year of owner occupancy ..... 25 percent reduction of taxes
Fifth year of owner occupancy ..... 0 percent reduction of taxes
BE IT FURTHER ORDAINED:
That Chapter 102 - Taxation, Article V - Tax Credits for Historic Properties, Section 102-152 -
Application Requirements and Section 102-153 - Application Review and Approval of the Dover
Code be amended to read as follows:
Sec. 102-152. - Application requirements.
(a) Submissions to city planner. Property owners shall submit a historic tax credit application,
and, when applicable, a building permit application and/or application for architectural review
certificate as required by Appendix B - Zoning, Article 10 - Planning Commission, Section 3 -
Historic District Commission and Architectural Review.
(b) Plans. A tax credit request submittal shall include the type and number of plans and
specifications required for a building permit and, in addition, elevation plans and
specifications, showing the impact of the proposed work on the exterior architectural facade
of the building.
(c) Photographs. A tax credit application submittal shall include current color photographs of the
property, showing the present condition of the property, and accurately representing the
existing materials and texture. All photographs shall be labeled indicating the direction of
view.
(d) Other information. Other information may be required by the city planner to facilitate review
of such tax credit submittal.
(e) Cost estimate. An itemized cost estimate shall be submitted, which shall be the basis for the
tax credit.
Sec. 102-153. - Application review and approval.
(a) Factors considered. The city planner shall first review the submitted applications, plans,
photos, and related information to determine if the property is a qualifying historic property.
In making this determination, the city planner shall consider the following:
(1) The property's significant value as part of the historical, cultural, artistic, social, ethnic
or other heritage of the nation, state or city;
(2) The property's association with an important person or event in national, state, or local
history;
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 52
(3) Whether the property is representative of the distinguishing characteristics of an
architectural type inherently valuable for the study of a period, style, craftsmanship,
method of construction or use of an indigenous material;
(4) Whether the property is the notable work of a master builder, designer, architect, or artist
whose individual genius has influenced an era.
(b) Review. If the city planner determines that the property is a qualifying property, they shall
review the submitted application plans, specifications, and related information for compliance
with the following:
(1) The proposed application constitutes an exterior preservation project seen readily from
a street, sidewalk, or public way, where measures are applied to sustain the existing form,
integrity, and material of the building or structure, including stabilization work, where
necessary, as part of ordinary maintenance and repair;
(2) The proposed application constitutes an exterior rehabilitation project readily seen from
a street, sidewalk or public way, which would return the property to a state of utility
through repair or alteration which makes possible an efficient use of the building, while
preserving those portions or features of the property which are central to its historic,
architectural, and cultural significance;
(3) The proposed application constitutes an exterior restoration project readily seen from a
street, sidewalk, or public way, which accurately recovers the form and detail of a
property and its setting as it appeared at a particular period of time in the past by means
of removal of later work or by the replacement of missing earlier work; or
(4) The proposed application conforms with the recommended practices and treatments of
the design standards and guidelines for the city historic district. Practices and treatments
designated as not recommended or inappropriate in the guidelines, or determined by the
historic district commission to be inappropriate shall not qualify for this tax credit.
(c) Referral to historic district commission. The city planner may refer any application for tax
credits under this article to the historic district commission for consultation with the
commission. The applicant shall have the right to appeal a tax credit disapproval to city
council.
(d) Expense report. Upon the completion of the qualified work for which a tax credit has been
approved, the property owner or his contractor shall submit to the city planner a written
expense report, which verifies the costs associated with the project and shall request an
inspection of the completed work by the city planner.
(e) Tax credits. The tax assessor shall apply approved tax credits during the fiscal year subsequent
to the submittal to the city planner by the applicant of the contractor's final invoice to verify
the cost of the repairs to the building and following certification from the city planner that the
work has been completed in accordance with the approval of the tax credit application,
building permit, and/or architectural review certificate.
Secs. 102-154—102-180. - Reserved.
ADOPTED: FEBRUARY 23, 2015
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 53
Proposed Ordinance #2015-04 Amending Appendix C - Downtown Redevelopment
Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members
that the proposed ordinance modifies the boundary of the Downtown Redevelopment Target Area
to ensure that the Downtown Development District falls within the larger target area, and it creates
a High Priority Target Area that comprises the Downtown Development District boundary. She
noted that the amendment removes the 10% donation of the value of redevelopment incentives to
the Downtown Dover Partnership, expands the impact fee waiver to remove the applicability to only
multi-story mixed use buildings, and it adds two (2) new incentives for the High Priority Target
Area: rebate of the buyer's portion of transfer taxes when a Certificate of Occupancy is granted for
property improvements, and waiver of City business license fees for new businesses in the area for
a period of three (3) years. Mrs. Townshend noted that the proposed ordinance implements the
incentives agreed to in the City's Downtown Development District application.
Responding to Mrs. Williams, Mrs. Townshend stated that, when the State and City incentives are
combined, the incentives to some properties would be valued between $100,000 and $200,000. A
large, mixed-use project similar to The Bayard Plaza would qualify for $800,000 to $900,000 in
incentives.
By motion of Mr. Slavin, seconded by Mr. Dixon, and carried by a unanimous roll call vote,
Ordinance #2015-04 was adopted, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Appendix C - Downtown Redevelopment of the Dover Code be amended to read as follows:
ARTICLE I. - INTENT
The city council has deemed it to be in the best interests of the residents of the city and in
furtherance of their health, safety and welfare to promote the redevelopment of downtown Dover.
In order to promote the redevelopment, [the] council has determined that incentives in the forms of
tax abatements, impact fee waivers and building permit caps should be offered.
ARTICLE II. - DEFINITIONS
The following words, terms and phrases, when used in this ordinance, shall have the
meanings ascribed to them in this article, except where the context clearly indicates a different
meaning:
Section 1. - Beneficiary of the incentives.
The beneficiary of the incentives shall include the person or artificial entity that receives the
incentive and the owner of one-half or greater interest in an artificial entity that receives the
incentive.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 54
Section 2. - Downtown Dover Partnership.
The Downtown Dover Partnership shall be established for the purpose of fostering
redevelopment within the target area.
Section 3. - Eligible project.
Eligible project shall mean a new construction or renovation which:
(a) Is located within the target area; and
(b) The fair market value of the materials to be used in and the labor to be performed on
the project exceeds the sum of $15,000.00; and
(c) Is for commercial, office, or a residential use; and
(d) Conforms to the intent of this ordinance.
In order for a residential use to be an eligible project, the object of the construction or renovation
must be a dwelling unit as defined in article 12 of the City of Dover zoning ordinance [appendix B].
Construction or renovation of accessory buildings as defined in article 12 of the City of Dover
zoning ordinance [appendix B] shall not be eligible for development incentives. Construction or
renovation which constitutes ordinary replacement or routine maintenance shall not qualify as an
eligible project.
Section 4. - Target area.
Target area shall mean that part of the city more particularly described as follows:
Beginning at a point at the intersection of the centerlines of Cecil and North State Streets,
then continuing on the centerline of North State Street in a southerly direction to the
intersection of the centerline of State Street and an extension of the centerline of Delaware
Avenue, then continuing on the centerline and an extension of the centerline of Delaware
Avenue in an easterly direction to the point of intersection of an extension of the centerline
of Delaware Avenue and the St. Jones River, then following the centerline of the St. Jones
River in a southerly direction to the point of intersection of the centerline of the St. Jones
River and the southerly property line of lands now or formerly of the Catholic Diocese of
Wilmington, being the site of Holy Cross Roman Catholic Church, then proceeding in a
westerly direction along said property line to the easterly right-of-way line of South State
Street (U.S. Route 13-A), then crossing the right-of-way line of South State Street in a
westerly direction and joining the centerline of Hope Street and proceeding in a westerly
direction to the centerlines of Hope Street and South Governors Avenue, then proceeding in
a southerly direction along the centerline of South Governors Avenue to the point of
intersection of the centerlines of South Governors Avenue and Dover Street, then proceeding
in a westerly direction along the centerline of Dover Street to the point of intersection of the
centerlines of Dover Street and Westview Terrace, then continuing in a northerly direction
on the centerline of Westview Terrace to the point of intersection of the centerline of
Westview Terrace and New Burton Road, then proceeding in a northeasterly direction on the
centerline of New Burton Road to the point of intersection of New Burton Road and West
Street, then continuing in a northerly direction along the westerly right-of-way line of West
Street to the point of intersection of the westerly side of the right-of-way of West Street and
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 55
the northerly property line of lands now or formerly of Dover Rent-All, Inc., then continuing
in a westerly direction along said property line to the point of intersection of said property
line and the lands of Conrail Railroad, then proceeding in a northerly direction along the
easterly right-of-way line of Conrail Railroad in a northerly direction to the point of
intersection of the centerline of West North Street and then westerly along the centerline of
West North Street to Clarence Street and north along the center line of Clarence Street to
Slaughter Street, and west along the center line of Slaughter Street to Cherry Street and north
along the center line of Cherry Street to the intersection with the center line of Lincoln Street
to a point of intersection with an extension of the westerly property line of lands now or of
late of Michael Nash, being the site of the former Diamond Ice Company, then proceeding
in a northerly direction along the westerly property line of the Nash property and in a line
extending to the intersection of the southerly property line of lands now or of late Paul T. and
Aiko Moore, and then northwesterly and then northerly along the southern and western
property line of the Moore property and extending north to an intersection with the centerline
of Lincoln Street, and then easterly along the centerline of Lincoln Street to a point of
intersection of an extension of the westerly property line of lands now or formerly of
Frank Moore et al., and then northerly along the western property of Frank Moore et al. and
extending to a point of intersection with the centerline of Forest Street, then easterly along
the centerline of Forest Street to a point of intersection with an extension of the westerly
property of the lands now or formerly of the Salvation Army, and then northerly and easterly
along the western and north property line of the Salvation Army property to the point of
intersection with lands now or of late Conrail Railroad, then northerly along the westerly
property line of Conrail Railroad and extending to a point of intersection with the centerline
of West Division Street, and then easterly along the centerline of East Division Street to the
intersection of the easterly right-of-way line of Conrail Railroad, and then northerly along
the easterly right-of-way line of Conrail Railroad to the intersection of the right-of-way of
Conrail Railroad and the northerly property line of lands now or of late of Southern States
Cooperative, Inc., then proceeding in an easterly direction a distance of 52.76 feet to the
northeasterly corner of the lands now or of late of Southern States Cooperative, Inc., then
proceeding in a southerly direction along the easterly property line of lands now or of late of
Southern States Cooperative, Inc., to the point of intersection of said property and the
centerline of Mary Street, then proceeding in an easterly direction along the centerline of
Mary Street to the point of beginning, being the point of intersection of the centerline of
Mary Street and North Governors Avenue, south along the centerline of North Governors
Avenue to the intersection of North Governors Avenue and Cecil Street, and west along the
center line of Cecil Street through the Wesley College Campus to the point of intersection
of Cecil Street and North State Street.
High Priority Target Area shall mean that part of the city more particularly described as bounded
by the street center lines as follows:
From the intersection of the centerlines of North Governors Avenue and Mary Street south
go the intersection of the centerlines of North Governors Avenue and Fulton Street, east to
the intersections of the center lines of Fulton Street and North State Street, south to the
northern intersection of the center lines of South State Street and The Green, and along the
centerline of The Green east of South State Street to the south intersection of the center lines
of South State Street and The Green, south to the intersection of the center lines of South
State Street and West Water Street and west to the intersection of the center lines of West
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 56
Water Street and South Queen Street, south along the center line of South Queen Street
541.11 feet and then west to the center line of South West Street, and north to the
intersection of the center lines of West North Street and South West Street, and west to the
intersection of the center lines of West North Street and Clarence Street and north to the
intersection of the center lines of Clarence Street and Slaughter Street, and west along the
center line of Slaughter Street to Cherry Street and north along the center line of Cherry
Street to the intersection with the center line of Lincoln Street, and east along the center line
of Lincoln Street to the intersection of the center lines of Forest Street and South West Street,
and north along the center line of South West Street to the intersection of the center lines of
West Street and West Division Street, and west to the east property line of the Norfolk
Southern railroad track, and north along this property line to the intersection with the center
line of Mary Street, and west to the intersection of the center lines of Mary Street and North
Governors Avenue.
ARTICLE III. - ELIGIBILITY
Section 1. - Development incentive ineligibility.
An otherwise eligible project shall be ineligible for development incentives if:
(a) An application for a building permit for the project was filed prior to the effective date
of this ordinance; or
(b) Construction or renovation commenced prior to the effective date of this ordinance; or
(c) Issuance of the certificate of occupancy and/or the completion and finalization of the
building permit occurs before the application for development incentives is received;
or
(d) The subject property is exempt from City of Dover real estate taxes; or
(e) The beneficiary of the incentives is delinquent on any of the obligations listed in
section 1-13(b).
Section 2. - Revocation of eligibility.
The beneficiary of the incentives provided by this Appendix must remain current on all
obligations due the city. If, at any time after the incentives have been granted, the beneficiary of the
incentives becomes delinquent on any of the obligations listed in section 1-13(b), the city manager
shall revoke the eligibility for any portion of the incentives not yet received by the beneficiary.
Notice shall be given to such beneficiary in writing.
ARTICLE IV. - DEVELOPMENT INCENTIVES
Eligible projects within the Target Area shall be eligible for the following development incentives:
Section 1. - Waiver of permit fees.
Fees for building, plumbing, mechanical, and fire protection permits shall be waived for
eligible projects.
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 57
Section 2. - Waiver of impact fee.
Eligible projects shall qualify for city impact fee waiver of the cost of such fees.
Section 3. - Abatement of property taxes on the value of improvement.
Eligible projects shall receive property tax waivers for a period not to exceed ten years so that
improvements to the properties made in accordance with the intent of this ordinance will not be
taxed for a period of time not to exceed ten years from the date of the making of the improvements.
The said ten-year period will commence with the date of issuance of a building permit.
Eligible projects within the High Priority Target Area shall also be eligible for the following
incentives:
• For properties which have transferred on or after March 1, 2015, the property owner
shall be eligible for a rebate of the buyer’s portion of the real estate transfer tax upon
issuance of a certificate of occupancy, provided that a certificate of occupancy is issued
for improvements to the property within five years of the payment of the real estate
transfer tax.
• Businesses that open within or relocate to the high priority target area on or after
March 1, 2015, shall be eligible for a waiver of all city business license fees associated
with the business for a period of three years. Eligible businesses are still required to
obtain the required city business licenses.
ARTICLE V. - ADMINISTRATION
The city manager and his staff shall develop the administrative procedures necessary to
implement this ordinance. The city manager and his staff shall promulgate reasonable standards to
be used in determining whether an eligible project shall receive development incentives and, if so,
which incentives shall be granted. Administrative staff shall review applications for development
incentives and grant incentives to eligible projects. Applicants shall be notified of the action taken
on their applications by mail.
ARTICLE VI. - APPEALS
Applicants denied development incentives shall have the right to appeal the decision to the
city council within 30 days from the date of mailing of the formal notification. Such appeal shall be
in writing, signed by the owner of the property in question, and filed with the city clerk.
ARTICLE VII. - SEVERABILITY AND EFFECTIVE DATE
Section 1. - Severability.
Should any section or provision of this ordinance be declared to be unconstitutional or
otherwise invalid, such decision shall not affect the validity of the ordinance as a whole or any part
thereof other than the parts so declared to be unconstitutional or invalid.
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Section 2. - Effective date.
This ordinance shall be effective as of January 1, 1991.
ADOPTED: FEBRUARY 23, 2015
COUNCIL MEMBERS’ ANNOUNCEMENTS
Council President Bonar read the following statement into the record:
I would like to thank everyone that works for the City for their efforts surrounding
the bitter winter weather we have been experiencing. As a reminder that we aren't
done yet, we still have 25 days left until the official start of Spring and I think most
of us can barely wait!
But I would like to hand out a big thank you to the Public Works Department of the
City of Dover. Most people are not quite aware for the last few years the Public
Works department has been down 13 staff members in that department. While it’s
helped the budget, it certainly makes a lot more work for the ladies and gentlemen
that serve us in that department.
I want to put into perspective what resources we have as city during a snowfall like
this - the last several ones we’ve had to experience. We have six (6) sanders with
plows; we have five (5) trucks that are plows only; a few backhoes and loaders, and
four (4) skid steer tractors.
When snow hits greater than three (3) inches, the people in the Public Works
Department shift to 12-hour shifts and crews have to continually maintain 17.3 miles
of emergency and critical routes. After they have maintained those routes, and after
the snow stops, they can then move on to clearing residential areas. They total 184.4
miles of roadway to clear. A lot of people don’t recognize that, but that’s a lot of
roadway.
As the cleanup is underway, a partial crew is working on the 184.4 miles of
residential roadways. We then bring in another crew clearing 53 areas of sidewalks
in order to provide for safe foot traffic.
While not every snow storm deems all these efforts as being necessary, this winter
has been particularly brutal with our record-breaking temperatures, wind chills, and
the amount of ice that has been on the streets and sidewalks.
I will certainly go along with the rest of you and hopefully we have seen the worst
of the winter but in case we do get more snow, we need to remember to remove
vehicles that are parked on emergency routes within one (1) hour of steady snowfall
to prevent them from being towed. And also, when possible, making sure that
roadways in developments are clear enough for plows to get through. I drove
through some developments in my district after the snowstorm and we had cars
parked on both sides of the road. It made it impossible for a plow to get down that
street to clear it out and, yet, these are the same people that were complaining to me
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CITY COUNCIL MEETING OF FEBRUARY 23, 2015 PAGE 59
about snow not being able to be removed. And lastly, use a little bit of common
sense. Just because the snow stops falling, it doesn’t mean you need to get out and
go sightseeing. Stay home. Let the road crews do their work. Get our streets clear
as quickly as possible.
Again I’d like to say thanks for all of the people in the Public Works Department.
Thank you for what you do - the time and commitment and coming out and making
it safe while the rest of us stay warm inside!
Mr. Bonar requested Mrs. Sharon Duca, Director of Public Works, to relay his message to her crews.
Mr. Slavin moved for adjournment, seconded by Mrs. Williams and unanimously carried.
Meeting adjourned at 8:35 p.m.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
February 23, 2015, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
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Exhibits
Exhibit #1 - Revised City of Dover Training, Conference, and Travel Policy
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EXHIBIT #1
Regular Council Meeting of 02-23-2015
CITY OF DOVER
TRAINING, CONFERENCE & TRAVEL POLICY
A. INTRODUCTION
1. Purpose
The purpose of this policy is to provide guidelines under which City of Dover employees, public officials, and
appointees will be reimbursed for authorized travel expenses incurred in the conduct of business for the City of
Dover, hereinafter referred to as “City.” In addition to the guidelines, specific procedures with regard to
incurring and reporting related expenses are provided.
2. Scope
This policy shall apply to employees of the City of Dover, elected officials, boards, commissions and others,
who are engaged in authorized travel and who expend City funds for travel purposes. The Mayor and Members
of City Council are not required to submit a Travel Authorization and Completion Form, but are required to
follow the financial and budget requirements of this policy.
While this policy does not cover every possible situation, it establishes adequate guidelines for employees and
officials to make appropriate and consistent judgments regarding the expenditure of City funds for reimbursable
expenses. The City of Dover will provide flexibility to meet the special needs and requirements of their
employees during travel.
It remains the responsibility of city management to control and approve travel-related expenditures. The City
Manager and Controller/Treasurer may impose more stringent rules when deemed appropriate or necessary.
The City Manager and Controller/Treasurer will review every three years the implementation of this Policy and
will provide policy interpretations and assistance to ensure effective and efficient implementation. Any
exceptions will be subject to approval by the City Manager and Controller/Treasurer. The City Manager and
Controller/Treasurer may also, on a case-by case basis, approve reimbursements exceeding the guideline
amounts referenced in this policy. In any such instance, a detailed explanation and substantiation (a receipt) is
required. Enforcement of this policy will be the responsibility of the Controller/Treasurer.
3. Responsibility
a. Employee, Public Official, or Appointee
· Comply with all provisions of this policy.
· Obtain the necessary approvals in advance for overnight travel and out-of-state use of City
vehicles. Provide a copy of the approval with the travel prepayment made by direct voucher.
· All expenses incurred in the course of City business are to be in accordance with the City’s
Administrative Policies and Rules of Ethics and must be paid solely from appropriated funds.
· Comply with the ten (10) working-day rule.
b. Department Director/City Manager/Council Designee
· Ensure compliance with this policy.
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· Review and approve each of their employees/official’s travel approval requests and
reimbursable expenses.
· Ensure sufficient funds are available for all anticipated expenses.
c. Signatures on the Travel Expense Report (City of Dover Form 030 Exhibit B) certify that the expenses
were incurred by the employee/official requesting reimbursement for official City business, are
reimbursable in accordance with this policy, and have not been reimbursed except as indicated on this
form.
Required signatures for expenses are:
· Employee
· Supervisor
· Department Director or Council Designee
B. TRAINING AND CONFERENCE REGISTRATION FEES
1. Request for payment of registration fees shall be accompanied by the registration form.
2. City Council, Planning Commission and the Mayor are offered opportunities to attend courses designed for
governmental officials. Any member of Council wanting to take advantage of these courses offered by the
following organizations will submit to the City Clerk’s office their request for registration.
- Delaware League of Local Governments
- National League of Cities
- US Conference of Mayors
- International City Managers Association
- Government Finance Officers Association (GFOA)
- American Public Power Association (APPA)
- American Public Works Association (APWA)
- American Planning Association
- Organizations that provide Continuing Education credits for professional license
renewals of applicable staff.
Any courses not offered by these organizations will be submitted to the City Manager and
Controller/Treasurer for concurrence.
C. TRAVEL AUTHORIZATION
All out-of-state travel that extends beyond one day shall be approved by the City Manager. All requests shall be
made on the "Travel Authorization Form” (City of Dover - Form 047 Exhibit A). A copy of the conference or
meeting program must be attached to the form. The authorization form must be submitted to the City Manager
in a reasonable amount of time prior to the traveling day.
The Department Director or City Manager may impose specific requirements as to the time the authorization
form must be submitted prior to travel. Employees and Officials traveling on official City business should be
aware that the approval is for travel only, and is not a blanket approval of the expenses incurred.
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A travel packet including the authorization form, the meeting program/itinerary, and the purchase orders for
advanced costs must be submitted to the Accounts Payable Department. The Purchase Orders for the advanced
costs should include the necessary supporting documentation. It does not require the submission of duplicate
information. Please note Purchase Orders for registration costs must include the Registration form unless
previously submitted; submission for hotel and airfare costs must include documentation of the individual costs
unless previously submitted.
D. TRANSPORTATION: COMMON CARRIER
1. General
All trips requiring the use of common carrier must be pre-approved by the appropriate approval authority.
The mode of travel must be justified on the basis of the most economical use of time of the personnel involved,
the cost of optional travel modes, and the requirements of the trip.
All common carrier reservations must be consistent with reasonable business travel planning, common carrier
will be booked at the lowest available fare. If the lowest available fare is turned down by the traveler, the
traveler's explanation for the denial is to be provided with the travel authorization request.
Travelers should be advised to make travel reservations as far in advance as possible to attain the lowest fares,
including non-refundable tickets. Travelers may not specify particular airlines or other carriers to accumulate
mileage on promotional plans such as frequent flyer programs.
In order to take advantage of special discount rates (supersaver fares, etc.), reimbursement to an employee may
be made prior to a trip being taken under the following conditions:
a. Documentation of the substantial savings that will accrue to the City (e.g., supersaver discounts).
b. Employee's proof of payment on a statement from the airline, other than credit card receipts.
Most airlines will not give refunds or partial refunds for supersaver airfares.
It is encouraged to examine the advantage of fares requiring early trip departure or delayed return. However, it
is important to consider the additional cost of meals and lodging for the required extra day(s) stay when
comparing cost.
2. Air Travel
a. Accommodations - When commercial airlines are used as a mode of travel, accommodations shall
be coach/economy class unless some other class accommodations are more economical.
b. Routing of Travel - All travel will be by the most economical and direct routes.
In the event that a person travels by an indirect route for personal convenience, the extra expense
shall be the responsibility of the individual. Reimbursement for expenses shall be based only on
the cost of the most economical and direct route.
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c. Conference Airfare Arrangements
When attending a conference, always check conference materials to see if special airline discounts
are offered. When a special airline discount rate is offered and conferees are instructed to go
directly to an airline to obtain the discount fare, the employee should compare the conference
rates through the internet with all other airline rates available before scheduling airline
reservations. The employee should always book the lowest fare possible. (See Section F.3. for
Conference Lodging Arrangements).
3. Rail Travel
1. Accommodations
When it has been determined that rail travel is the most appropriate mode of transportation, the most
economical class accommodations shall be utilized.
E. TRANSPORTATION: PASSENGER VEHICLES
1. City-Owned Vehicles
City-owned vehicles should be utilized for both in-state and out-of-state travel when such use is the most
practical and economical mode of transportation, including the cost of tolls, fuel and parking.
2. Use of Privately-Owned Vehicles
a. The use of privately owned vehicles for any City travel (both in state and out-of-state) should only
be used when a City Vehicle is not available. The use of a privately owned vehicle for City travel
shall require the prior approval of the City Manager and Department Director. Reimbursement of
private vehicle expenses shall be at the Council approved rate as indicated on Exhibit B for actual
and necessary miles traveled. Beginning and ending odometer readings are required for the
reimbursement for mileage.
b. In considering approval for use of personal vehicles, the approval authority shall take into
consideration the cost of alternative modes of travel and the cost of meals and lodging for the
additional travel/transit days. Mileage reimbursements shall not exceed the cost of airfare plus
travel to/from the airport.
c. When two or more employees travel in a privately owned vehicle, only one mileage reimbursement
will be allowed at times when one vehicle is sufficient to carry all passengers.
3. Rental Cars
a. General
The use of a rental car when traveling out of state must be justified as an economical need and not
as a matter of personal convenience. Prior approval by the Department Director and City
Manager is required before arranging for car rental. All rentals should be at the most economical
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rate per day including government rates or special rate agreements. When traveling in groups,
sharing of cars, when practical, must be done to minimize costs. The city will not pay for the use
of a rental car to accommodate family members or non-business associates traveling with the
employee, public official, or appointee.
b. Vehicle Size
Whenever possible, compact cars shall be rented or reserved. However, if a larger size vehicle is
more economical or more than two city travelers are traveling together the larger vehicle may be
appropriate. Any representative of the City requesting an upgrade of the size of a rented vehicle
shall provide a written explanation of their reasons to the City Manager. A receipt is always
required.
c. Insurance
(1) The optional insurance coverage offered by the car rental agency must be declined when
the traveler charges the rental car. The traveler will automatically receive primary
coverage under the City blanket insurance policy for travel. When insurance is declined,
the policy covers collision damage, theft, fire and vandalism. Reimbursements for
additional or optional insurance coverage will not be allowed.
(2) Other. Travelers not covered under the blanket insurance policy may be covered by their
personal automobile insurance policy or other personal credit cards. Travelers should
check their automobile policy and credit card policy for business travel coverage and
accept or decline additional coverage accordingly. Reimbursement for additional or
optional insurance coverage will not be allowed.
d. Refueling Before Return
To avoid a refueling surcharge, all rental cars shall be refueled before returning the vehicle to the
rental company. Any surcharges billed to the employee, public official, appointee, or City shall
be explained in the reimbursement request.
e. Reservations
Approved car rental reservations shall be made in advance whenever possible. The employee
should compare car rental rates and always look to reserve the lowest rental.
F. LODGING
1. General
City travelers are expected to seek accommodations that are comfortable, convenient, meet business and
personal needs and offer good value. Employees are expected to compare local lodging rates in the area prior to
reserving lodging.
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2. Accommodation
a. Lodging accommodations for reasonably priced single occupancy rooms are reimbursable when the
traveler is away from home overnight due to official travel.
b. Accommodations shared with family members or others not on official City business are
reimbursable at the single occupancy rate only.
c. Accommodations shared with other City travelers should be billed and reimbursed to one traveler.
When required, reimbursements to more than one traveler shall be based on a pro rata share as
reported on each reimbursement request.
3. Conference Lodging Arrangements
When hotel rooms are blocked for a conference, seminar, etc., and a special discounted conference hotel rate
provided, the employee/official should compare conference rates with the rates for other local hotels within a
three (3) block radius of the conference. The employee is urged to reserve hotel accommodations that offer the
best value to the City. This includes conference rate, government rate or lower rate, for the employee/official.
If a lower rate is not available, the conferees should make their lodging arrangements directly utilizing the
conference instructions. Conference lodging will be considered to accommodate persons with special
circumstances.
4. Occupancy Tax
The City is exempt from the tax on occupancy of hotel, motel and tourist home rooms within Delaware only.
When instate overnight accommodations are necessary, the employee should be provided with a copy of the
Occupancy Tax Exemption Certificate (see Exhibit C) to be presented to the lodging facility. Tax on occupancy
of hotels in other states must be paid.
G. MEAL ALLOWANCES
1. General
The City will pay for or reimburse an employee/official for the necessary and reasonable cost of meals and
incidental expenses incurred during out of state travel requiring overnight lodging.
Additional meal costs incurred over and above those provided as part of a conference or registration fee are not
reimbursable, unless justified as a special circumstance and approved by the City Manager and
Controller/Treasurer (e.g. special meeting or diet restrictions).
Exceptions are to be pre-approved by the City Manager and Controller/Treasurer.
There will not be any reimbursement for meals when the meals are provided as part of the conference/training
or by the host organization and when meals are provided as part of the hotel service and/or airfare.
Only per diem rates as prescribed by the Federal Government for official travel will be provided for Meals and
Incidental Expenses (M&IE). (\\doverfp\Public Docs\Policies & Procedures\Travel\FY2015_PerDiemRates.pdf)
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If an employee is traveling partial days on any calendar day, the City will prorate the applicable M&IE rate at
75 percent. This applies to both day of departure and day of return. Partial travel days begin when an employee
leaves Dover after 12:00 noon on the day of departure and returns to Dover by 5:00 PM on the day of arrival.
When meals are provided at the conference or by the host, the meal allowance will be reduced by 25% for each
meal provided. Continental Breakfast provided by the hotel or at the conference is counted as a meal, unless
justified as a special circumstance and approved by the City Manager and Controller/Treasurer (e.g. special
meeting or diet restrictions).
2. Day Trips, In-state Travel and Before or After Hours
The meal allowance for day trips out of the City will be reimbursed at actual cost, as long as it does not exceed
25% of the normal per diem per the M&IE Allowance. The meal allowance for working before or after hours
as a general rule are not encouraged, but may be approved by the City Manager and/or Controller/Treasurer on
a case-by-case basis. At no time can the amount exceed the allowances established.
H. CASH ADVANCES
General/Blanket travel advance checks will not be issued to employees, public officials, or appointees.
Employees, public officials, and appointees will be reimbursed for specific travel related expenses after the trip
or event has been completed.
The City will pay specific travel and lodging costs in advance as long as the request deadlines are met.
Employees, public officials, and appointees shall use a City purchase order when requesting travel cost
advances. Department Directors should use their City credit card for business travel. Directors may approve
the use of their departmental travel credit card when arranging employee travel. Under urgent situations and
with prior approval, employees and officials can also use a personal credit card and request reimbursement
when they return.
The City will pay in advance the following costs:
Please note: A travel packet including the Travel authorization form, the meeting program/itinerary, and a
purchase order for the advanced costs listed below must be submitted to the Accounts Payable Department no
later than 12 days prior to the event.
a) Conference/Training registration fees. Such payment will be made payable and mailed directly
to the organization. This will be done through a purchase order submitted by the department upon
receipt of the approved Travel Authorization Form. A copy of the registration form describing the
specific event must be attached to the purchase order. The Employee Travel packet must be
submitted to Accounts Payable prior to/or along with the purchase order request for advance travel
expenses.
b) Airfare. Airfare is normally reserved on-line through the internet and paid with a City credit card after
travel approval has been received. (See City Credit Card Policy)
c) Lodging. Upon receipt of the approved Travel authorization form, the department may submit a
purchase order for lodging. The check will be made payable to the hotel and will be given to the
person for whom the lodging arrangements are made. The department must provide supporting
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documentation including the daily lodging rates and applicable taxes along with the purchase order.
Lodging reservations can be held with the use of a City Credit Card. (See City Credit Card Policy)
d) Meal allowance. An advance for the M&IE Allowance, which includes both meals and incidental
expenses, will be permitted for meals not provided by the conference or training as indicated in Section
G (1) above. Only per diem rates as prescribed by the Federal Government for official travel will be
provided for M&IE Allowance.
I. TRAVEL EXPENSE REIMBURSEMENT
1. General
Travel Expense Report (City of Dover Form 30) is due to Accounts Payable within ten (10) working
days after travel or an expense is incurred. (Ten working-day rule)
a. Timely reimbursement can be assured only if an accurate, properly substantiated Travel Expense
Report is received to Accounts Payable ten (10) working days after completion of the trip.
b. Failure to submit timely Travel Expense Reports after the completion of a trip will result in
administrative action, such as notification to the Department Director and denial of future travel
requests.
Travel Expense Reports for local travel and related expenses are to be submitted monthly. In no case shall a
reimbursement be made to an employee for travel/conference/training related expenses incurred in
excess of 90 days.
Note: This section pertains to only those travel expenses paid by the traveler; not to travel expenses directly
billed to/paid by the City.
2. Receipt Requirements and Other Reimbursement Criteria
a. Tickets booked on common carriers (airline, rail or bus) require original copy of the paid invoice
or email confirmation containing total travel costs for arrangements booked on-line.
b. Hotel/motel bills shall be the original copy of hotel/motel billing marked paid.
c. Ground transportation, including airport shuttle, taxi or public transit requires a receipt.
d. Car rental reimbursements require paid invoice from the rental company.
e. Meals do not require receipts and are not reimbursable above the maximum daily/partial day per
meal allowance. Tips are included in the M&IE Allowance and will not be reimbursed
separately. When more than one City employee, public official, or appointee’s meals are being
reimbursed, each employee must submit a separate Travel Expense Reimbursement for their
allowance.
f. Hotel/motel related expenses should be documented identifying the date and the cost for each
category with the following requirements:
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(1) Out-of-pocket costs for incidental items such as tips, baggage handling and maid service are
not individually reimbursable by the City of Dover. Costs included under this category are
included in the M&IE per diem rate. Only per diem rates as prescribed by the Federal
Government for official travel will be provided for M&IE allowance.
(2) City-business related telephone calls are reimbursable as incurred and require a receipt from
the telephone service provider or included on the hotel/motel billing invoice.
g. Lodging at campgrounds using traveler’s camper or recreational vehicle is reimbursable at the
actual cost, not to exceed the equivalent cost of hotel/motel lodging. Receipt is required.
h. Other Reimbursement Categories
Reimbursement for the following categories should be submitted on a schedule identifying the
date, the cost and the category. All supporting receipts must be attached:
1) The City will reimburse employees for hotel and airport self-parking. The City encourages all
employees to seek ‘economy and budget parking’.
2) The City will not reimburse employees for Valet parking, unless prior approval has been
granted by the City Manager and Controller.
3) The City will reimburse employees the cost of tolls for interstates, turnpike, bridges and/or
ferries. All travel expenses require a receipt.
4) The City will reimburse employees for necessary airport baggage fee. A receipt is required.
i. Gasoline and/or Other Supplies require a receipt.
Need for emergency repairs incidental to using a City-owned vehicle shall require a Vendor
receipt.
j. Department Director pre-approval is required to receive reimbursement for Internet Access Costs
for city business. These costs must be substantiated with receipts.
k. While traveling overnight out-of-state, the City will reimburse employees for the cost of up to two
(2) personal telephone calls not to exceed $8 per trip. A receipt is required for reimbursement.
l. Reimbursements for travel expenses incurred without required receipts, as outlined, is strictly
prohibited. A "no receipt - no reimbursement" policy applies
3. Non- Reimbursable Expenses
The City shall not reimburse expenses for the following:
a. Alcoholic beverages.
b. In-room movies or pay television.
c. Theater tickets or nightclub entertainment.
d. Laundry.
e. Babysitting.
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f. Related expenses of spouse, children and other persons accompanying the authorized
employee or official.
g. Pleasure, historic or other tour related expenses. Expenses for business related tours would
be reimbursed.
h. Donations and gifts made while at training, conference, or meeting.
i. Loss or damage of personal items.
j. Meals for other conference attendees.
k. Purchase of personal items.
l. Any parking or moving violation fines.
m. Any personal or pleasure travel while on City business.
J. CHARTER AND CODE OF CONDUCT
All City of Dover policies are subject to the City of Dover Charter Part 1, Subpart A, Article II, Section 12
“Compensation and expenses - Mayor and Council and other elected or appointed officials”, whereas,
“Members of the council, mayor and other elected or appointed officials shall receive reimbursement for actual
and necessary expenses incurred when on official business as prescribed by city ordinance or policy” and; Part
II Code of Ordinances Chapter 2, Article 1, Division 4 “Code of Conduct”, which is “applicable to all elected
and appointed officials and to all employees of the City of Dover.”
K. INTERNAL REVENUE CODE - DEFINITION OF PUBLIC OFFICIAL
Generally, if there is any provision in a public law which authorizes the employment of the individual, and the
individual is hired or elected under this authority, the individual is considered an employee of the State or
political subdivision to which the provision applies.
The following factors indicate that an office is a “public office.”
The office was created by the constitution or through legislation, or by a municipality or other body
with authority conferred by the legislature.
The office was delegated a portion of the powers of the government body.
The powers conferred and the duties to be discharged are defined either directly or indirectly law or
through legislative authority.
The duties are being performed independently and without control of a superior power other than the
law.
The office has some permanency and continuity, and the officer takes an official oath.
Examples of public officers are: the president and vice president, a governor or mayor, the secretary
of state, a member of a legislative body, such as a state legislature, county commission, city council,
school board, a judge, a justice of the peace, and members of advisory boards and committees.
L. REVIEW & REVISION
The City of Dover Travel Policy will be reviewed every three years by the City Manager, Controller/Treasurer
and City Clerk to provide recommended changes to City Council for approval.
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EXHIBITS
Exhibit A - COD Travel Authorization Form (Form 47)
Exhibit B - COD Travel Expense Report Form (Form 30)
Exhibit C - COD Exemption Certificate Form 99A
REVISION RECORD
Revised: November 24, 2003
Revised: February 9, 2004
Revised: July 24, 2006
Revised: March 23, 2009
Revised: January 23, 2012
Revised: February 23, 2015
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EXHIBIT A
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EXHIBIT B
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EXHIBIT C
CITY OF DOVER
DEPARTMENT OF FINANCE
EXEMPTION CERTIFICATE
TAX ON OCCUPANCY OF HOTEL AND MOTEL AND TOUR IST HOME ROOMS
In accordance with Internal Revenue Code Section 5253(I), no tax shall be imposed under section
4251 upon any payment received for services or facilities furnished to the government of any State,
or any political subdivision thereof, or the District of Columbia.
This Part to be Completed by the Operator
Name of Hotel, Motel, or Tourist Home Fed. EI or SS number
Address City State Zip Code
This Part to be Completed by the Occupant
This is to certify that I, the undersigned, am a representative of the City of Dover, Delaware; that the
charges for the occupancy at the above establishment on the dates set forth below has been or will
be paid for by the City of Dover, a government unit; and that such charges are incurred in the
performance of my official duties as a representative or employee of the governmental unit.
Name (Please type or print) Signature
City of Dover 51-6000092
Governmental Unit Tax I.D. # Title
P.O. Box 475 Dover DE 19903-0475
Address City State Zip Code
Date(s) of Occupancy
If additional information is needed, please contact the City of Dover Finance Director at (302) 736-
7018.
NOTE: A separate Exemption Certificate is required for each occupancy and for each representative
or employee.
THIS EXEMPTION CERTIFICATE IS TO BE RETAINED BY THE OPERATORS OF
HOTELS, MOTELS, AND TOURIST HOMES AS EVIDENCE OF EXEMPT OCCUPANCY.
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