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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on September 22, 2014 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. Mr. Lynn was absent.
Council staff members present were Police Chief Bernat, Mrs. Mitchell, Mr. Koenig,
Mrs. Townshend, Fire Chief Carey (departed at 7:52 p.m.), City Solicitor Rodriguez, and
Mrs. McDowell. Mayor Christiansen was also present.
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.
There was no one present wishing to speak during the Open Forum.
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 as presented, seconded by Mr. Dixon and
unanimously carried.
Mr. Hare moved for approval of the consent agenda as presented, seconded by Mr. Dixon and
carried by a unanimous roll call vote (Lynn absent).
ADOPTION OF MINUTES - BUDGET WORKSHOP OF MAY 20 AND 21, AND
JUNE 2 AND 5, 2014
The Minutes of the Budget Workshop of May 20 and 21, and June 2 and 5, 2014 were
unanimously approved by motion of Mr. Hare, seconded by Mr. Dixon and bore the written
approval of Mayor Christiansen.
ADOPTION OF MINUTES - BUDGET WORKSHOP OF JUNE 11, 2014
The Minutes of the Budget Workshop of June 11, 2014 were unanimously approved by motion
of Mr. Hare, seconded by Mr. Dixon and bore the written approval of Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 8, 2014
The Minutes of the Regular Council Meeting of September 8, 2014 were unanimously
approved by motion of Mr. Hare, seconded by Mr. Dixon and bore the written approval of
Mayor Christiansen.
CERTIFICATE OF CONGRATULATIONS - KRAFT FOODS 50TH ANNIVERSARY
By unanimous consent, this item was deferred until a later date.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 2
PROCLAMATION - CYBER SECURITY AWARENESS MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, we recognize the vital role that technology has in our daily lives and in the future of
the City of Dover, whereby today many citizens, schools, libraries, businesses, and other
organizations use the Internet for a variety of tasks, including keeping in contact with family and
friends, managing personal finances, performing research, enhancing education, and conducting
business; and
WHEREAS, critical sectors are increasingly reliant on information systems to support financial
services, energy, telecommunications, transportation, utilities, health care, and emergency response
systems; and
WHEREAS, the use of the Internet at the primary and secondary school levels in our city enhances
the education of youth by providing them access to online educational and research materials; and
at institutions of higher education, the use of information technology is integral to teaching, learning,
research, outreach, and service; and
WHEREAS, Internet users and our information infrastructure face increasing threats of malicious
cyber-attack, invasion of privacy from spyware and adware, and significant financial and personal
privacy loss due to identity theft and fraud; and
WHEREAS, maintaining the security of cyberspace is a shared responsibility in which each of us
has a critical role, and awareness of computer security essentials will improve the security of the City
of Dover information infrastructure and economy.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 2014 as Cyber Security Awareness Month in the City
of Dover and urge all citizens to learn about cyber security and put that knowledge into practice.
On behalf of City Council and the citizens of the City of Dover, Mayor Christiansen presented the
proclamation to Mr. Andy Siegel, Information Technologies Director. Mr. Siegel advised members
that the City had accomplished much in the last year, including improving high-speed internet and
putting into practice new password and acceptable use policies to improve cyber security. He
indicated that up-to-date cyber security training would also be provided.
On behalf of the Mayor, Council, and employees of the City, Councilman Hutchison expressed
pleasure at seeing Mr. Siegel in attendance. He noted that Mr. Siegel had been through a great deal
as a result of a recent collision with a vehicle while bicycling, and many people had been praying
for him.
Responding, Mr. Siegel stated, for the record, that he could not be more happy and proud of the
people of the City of Dover and its employees. He indicated that when the accident occurred, two (2)
City of Dover electric trucks came to his aid immediately, and not simply because he was a City
employee. He expressed appreciation for the assistance.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 3
Council President Bonar expressed his personal thanks to Mr. Siegel and the IT Department for
technical assistance provided in setting up his new office as Public Advocate with the State of
Delaware. He stated that the City’s contributions in this regard resulted in savings of approximately
$140,000 to Delaware’s ratepayers. Mr. Bonar complimented staff’s professionalism and thanked
Mr. Scott Koenig, City Manager, for facilitating this project.
PROCLAMATION - FIRE PREVENTION WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover is committed to ensuring the safety and security of all those living
in and visiting our City, and fire is a serious public safety concern both locally and nationally; and
WHEREAS, in 2011, fire departments in the United States responded to 370,000 home structure
fires, which resulted in 13,910 injuries, 2,520 deaths, and $6.9 billion in damages; and
WHEREAS, almost three of five of reported home fire deaths in 2007 to 2011 resulted from fires
in homes with no smoke alarms or no working smoke alarms, and
WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half. When
smoke alarms fail to operate, it is usually because batteries are missing, disconnected or dead; and
WHEREAS, the 2014 Fire Prevention Week theme, “Smoke Alarms Save Lives: Test Yours Every
Month” effectively serves to remind us of the importance of testing smoke alarms every month.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 5 – 11, 2014 as Fire Prevention Week in the City of
Dover and urge all residents to make sure their smoke alarms are working properly, and to support
the many public safety activities and efforts of fire and emergency service personnel.
Mayor Christiansen and Councilman Hutchison, Chair of the Safety Advisory and Transportation
Committee, presented the proclamation to Fire Chief Matthew Carey. Mayor Christiansen expressed
appreciation for the service that the men and women of Robbins Hose Company perform for the City
365 days per year.
On behalf of Council, staff, and the employees of the City of Dover, Councilman Hutchison stated
that Chief Carey and the Fire Department could not be thanked enough for the services provided.
He emphasized the importance of fire protection for all.
Chief Carey reminded Council and the citizens that an open house would be held on Saturday,
October 4, 2014 to “jump start” Fire Prevention Week and, in conjunction with the Breast Cancer
Coalition, free screenings would be offered to the public. He encouraged the public to attend and
to check the Dover Fire Department’s website and social media page for exact times and dates of
events, noting that there would be fire prevention props, tours of the facility, and perhaps rides on
fire trucks. Chief Carey indicated that the Department was looking forward to seeing over 3,500
children this year and requested those interested in booking slots for tours to contact the Fire
Department as soon as possible. He stated that the Department was trying to contact as many
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 4
schools and day care centers as possible to spread word of the importance of fire prevention.
Chief Carey reminded everyone to check and replace smoke detector batteries and encouraged those
with questions to call the Department on its non-emergency line. He thanked everyone for their
support.
On behalf of Council, Council President Bonar expressed thanks to the Fire Department for their
service. He reminded all those present that Dover was the only state capital in the United States that
continued to have a volunteer fire department, which he stated spoke highly of the men and women
of the Dover Fire Department and reflected their dedication, training, and numerous hours of
commitment to the community.
PROCLAMATION - HALLOWEEN TRICK-OR-TREAT
The City Clerk read the following Proclamation into the record:
WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the
observance of the Halloween Trick-or-Treat custom of traveling with friends and family going from
door to door in their neighborhood, displaying their costumes, and gathering treats; and
WHEREAS, parents are urged to join in the festivities by accompanying their children throughout
their journeys in celebrating Halloween Trick-or-Treat; and
WHEREAS, residents are requested to indicate their willingness to welcome children by keeping
their porch or exterior lights on and that youngsters call only on homes which are lighted; and
WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of
Halloween Trick-or-Treat on Friday, October 31, 2014 between the hours of 6:00 p.m. and 8:00 p.m.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim that the Halloween Trick-or-Treat observance be held on the 31st
day of October 2014, between the hours of 6:00 p.m. and 8:00 p.m. in the City of Dover and urge
all residents, both young and old, to make this a happy and safe occasion for our children.
Mr. Bonar conveyed his hope that everyone would have a safe and happy Halloween.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -
SEPTEMBER 8, 2014
The Parks, Recreation, and Community Enhancement Committee met on September 8, 2014 with
Chairman Dixon presiding.
Review of Active Recreation Area Plan - Tall Pines at 1655 and 1665 Kenton
Road
Mr. Bill Cook, Planner I, advised members that the proposed project is a multi-family
residential development to be known as Tall Pines. A previous Site Development
Plan and Parcel Consolidation Plan (S-04-33) for the project were approved by the
Planning Commission in December 2004 with Final Site Plan approval in October
2005. Some site improvements commenced, existing buildings were demolished, and
foundation work began but subsequently ceased; therefore, the original plan expired.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 5
The proposed project includes a total of 24 dwelling units in two (2) buildings on
2.34 acres, which is a density of approximately 10.2 dwelling units per acre.
Mr. Cook advised members that the plan consisted of three (3) areas south of the site:
1) a walking path surrounding the storm water facility, 2) a lawn game area between
the two (2) structures, and 3) an area closer to the intersection of the roads.
Staff recommended approval of the Active Recreation Area Plan with the following
recommended changes:
a. Area 1: Relocate horseshoe pits to Area 2 to comply with required
setbacks of game/court facilities from adjacent properties (Zoning
Ordinance, Article 5 §10.15).
b. Area 1: Add grills and a picnic table to Area 1. Provide accessible path
to the picnic table. Revise ornamental tree plantings in the area to shade
tree plantings.
c. Area 1: The woodchip/mulch walking path should include a defined
edging that will prevent encroachment of grass and/or weeds into the
path area.
d. Area 2: Relocate a bench from the storm water retention pond Area 1
site to near lawn game area with an accessible path.
e. Area 3: This lawn game area is shown to have a sloping grading near
the building. Due to its location and configuration it is not a viable area
for active recreation activities.
In addition, to meet the objectives of Article 10 §10 2.2 of the Zoning
Ordinance, staff recommended additional outdoor bicycle parking to include
a minimum of two (2) spaces per building entrance (total eight (8) spaces).
Planned improvements on Kenton Road will include bicycle lanes, and
potential improvements in neighborhoods south of the project site which are
anticipated to improve bicycle connectivity to parks, schools, shopping areas,
and nearby recreational amenities, such as the YMCA.
a. The use of “Inverted-U” racks capable of supporting of two (2) bicycles
each are recommended, for a total of four (4) which exceeds the code
requirement of three (3).
b. Any indoor storage areas capable of secure bicycle storage, within
individual units or in common, should be noted.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 6
In response to Mrs. Horsey concerning the buffering on the west side of the
recreational use area, Mr. Cook advised members that a buffer of existing trees was
provided in this area, noting that the requirements for buffering were related to
adjacent properties rather than parking lots.
Responding to Mr. Anderson regarding the addition of grills to the common area,
Mr. Cook stated that it was the request of the City’s Fire Marshal to provide
community grills in the active recreational area to minimize the chances that
homeowners might try to use personal grills on their balconies or store propane,
which are not permitted per the City’s Code.
In response to Mr. Hutchison, Mr. Cook indicated that the hours of use for the active
recreational area had not yet been established.
Responding to Mr. Dixon’s concerns regarding the community’s involvement in the
planning process for the active recreation area, Mrs. Ann Marie Townshend, Director
of Planning and Community Development, advised members that the area was meant
to be used exclusively by homeowners within the proposed complex and not by the
community; therefore, the public was not involved in the planning process. She
noted that the project as a whole would be brought before the Planning Commission
for a public hearing.
In response to Mr. Caldwell concerning the horseshoe pits in the active recreation
area, Mrs. Townshend explained that they were part of the original application in
2004, which was approved. Construction was started and infrastructure was put in
place, but the plan then expired. Mrs. Townshend stated that the applicant was
simply bringing back the same plan, as originally approved in 2004.
Mr. Caldwell inquired who would be responsible for maintaining the active
recreation area. Responding, Mr. Joe Petrosky, Woodbrook Ventures, LLC, stated
that the residents and homeowners within the community would develop an
association to maintain the area, as originally planned when the project began in
2004. Mr. Petrosky noted that the grills were added to accommodate a requirement
and not something that he personally favored.
The Committee recommended approval of the Active Recreation Plan for Tall Pines
at 1655 and 1665 Kenton Road with staff’s recommended changes.
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 (Lynn absent).
Statistics for Homeownership/Rentals in the City of Dover (Request of
Councilman Hutchison)
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
advised members that, according to the United States Census Bureau, the
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 7
homeownership rate in Dover from the period of 2008-2012 was 55.1%. This was
an increase over the 2000 Census, when the homeownership rate was documented
at 52.3%; however, the methodology for collecting and reporting this data changed
between the 2000 and 2010 Census.
Mrs. Townshend stated that, at 55.1%, Dover has a higher homeownership rate than
Wilmington, Georgetown, and Seaford, but lower than Newark, Smyrna, and Milford,
which places Dover in a median rate of homeownership. She noted that there was
definitely room for improvement, recognizing the importance of maintaining or
increasing the rate of homeownership, especially in the downtown area. Mrs. Townshend
advised members that, according to the Restoring Central Dover Study, the project area
(bounded by William Street on the north, Hope Street on the south, State Street on the
east, and West Street on the west, and including Lincoln Park) had a homeownership rate
of 25% and a rental rate of 75%. Mrs. Townshend stated that a key strategy of
revitalizing the central Dover neighborhoods would include increasing the rate of
homeownership. In the coming months, the City will be looking for opportunities to build
upon existing incentives such as tax incentives, potentially building permit fee reductions,
etc., to help make it affordable and desirable for people to own homes in the downtown
area.
Responding to Mr. Hutchison, Mrs. Townsend stated that, according to the 2008-2012
American Community Survey, the City of Wilmington’s homeownership rate was 47.9%,
which was significantly less than the City of Dover’s rate. Mr. Hutchison indicated that
it was important not only to prevent the rate of homeownership from falling but to work
to increase that percentage, particularly in the downtown area, where the current rate of
25% was unacceptable. Mrs. Townshend stated that the two (2) closest municipalities
geographically, Smyrna and Milford, had homeownership rates of 66.8% and 60.4%
respectively, and this indicated there was room for significant improvement in Dover.
Mr. Hutchison stated that in his mind there are two (2) cities in Delaware: Wilmington
and the Capital City of Dover, and shared his opinion that the staff and the community
should be educated on homeownership statistics to work together for improvement.
Expressing his appreciation and support of the efforts being made to promote
homeownership in the City of Dover, Mr. Anderson also pointed out that some of the
difference between rates in Dover and in the cities of Smyrna and Milford may relate to
fact that the population of those municipalities nearly doubled, mostly due to the addition
of new developments of single-family homes, during the building boom. He felt that
their growth may be the result of these increases rather than changes made by these cities.
In addition, Mr. Anderson attributed some of Dover’s rental rates to the volume of renters
in Dover due to the Dover Air Force Base and military families.
Mr. Dixon reiterated the importance of affordable housing so that people can live in
Dover.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 8
Mrs. Tracey Harvey, Planner I, advised members that settlement assistance for
homeownership had been increased to $20,000 city-wide to help provide affordable
housing for those who qualify. In addition, she explained that part of the discussions held
regarding the Restoring Downtown Central Dover Initiative had included adding a
provision that some settlement assistance money could be used toward rehabilitating the
properties purchased in the downtown area.
Ms. Yvonne Hall, 228 North State Street, stated that she is a business owner in the
downtown Dover area and also a real estate agent. Ms. Hall noted that the town of
Camden was not included in the census, stating their homeownership rate was 70%.
Ms. Hall expressed her concern about the percentage of homeownership within the City
of Dover and offered to provide assistance wherever needed, stating that, as a real estate
agent, she may be able to assist with finding financing programs and other avenues that
potential homebuyers could pursue. In response to Ms. Hall, Mrs. Townshend noted that
Camden was not included in the figures provided because the U.S. Census Bureau did
not provide information for towns whose size and population were much smaller than
Dover, such as Camden, Wyoming, Magnolia, etc.
Ms. Paula Kinsey, 224 North State Street, owner of “Tea for Two, inquired if the City
had a beautification plan, stating the importance of improving the appearance of
properties by keeping trees trimmed and houses and buildings painted. She stated that
proper care of properties should be enforced. Ms. Kinsey noted some unsightly things
she had observed, such as long weeds at the old Dover Public Library and cigarette butts
at the Dover Post Office and new Dover Public Library, and suggested utilizing
volunteers to assist with clean up and maintenance, as well as adding flowers and just
being neat and clean in general. She encouraged everyone to show and take pride in our
City.
Mr. Hutchison assured Ms. Kinsey and everyone present that the City does have a
beautification program and that the City’s code enforcement officers and inspectors work
diligently to maintain the appearance of the City; however, recently some of those
resources have had to be reallocated toward new issues the City is facing, such as 350
vacant homes and commercial buildings, which had placed many demands on the
Planning Department. However, Mr. Hutchison stated that this would improve as some
of the issues are addressed and resolved. In response, Ms. Kinsey said she would be
happy to offer her time to work toward the City’s efforts.
Mr. Dixon expressed his appreciation of the efforts of all of the departments of the City
that work toward resolving these issues, stating that the City would continue to work hard
to keep its appearance of the City; however, it costs money to do so.
Mrs. Horsey expressed her appreciation for Ms. Kinsey’s comments, stating that part of
this Committee’s name is “Community Enhancement.” She noted that everyone loves the
flowers; however, among those flowers are trash, weeds, and cigarette butts. She stated
that homeowners are not taking care of the exterior of their homes, this applied to some
government-owned buildings as well, and that promoting a clean City means more than
just pretty flowers.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 9
Progress Report - Downtown Development District Application
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
advised members that Ms. Connie Holland, Executive Director, and Mr. David Edgell,
Principal Planner, both from the Office of the State Planning Coordination, were present
in the audience to field questions.
Mrs. Townshend referred to her memorandum dated August 29, 2014 regarding Update
on Downtown Development District Application and Incentive Ideas, stating that this
memo focused specifically on incentives. She said that the City had been working to
gather the data required to complete the application, noting that the recommended
Downtown Development District Boundary would go before Council later in the evening.
Mrs. Townshend explained that 20% of the application scoring was focused on
incentives, and that Dover had several incentives, including a real estate transfer tax
waiver for first time home buyers, real estate transfer tax waiver for the seller of homes
in the downtown Dover area, building permit fee waiver, impact fee waiver, and ten-year
abatement of taxes on the value of improvements.
Mrs. Townshend stated that, for the purpose of the Downtown Development District
application, the recommended boundary that would be going before Council later this
evening was smaller than the current boundary, matching the Downtown Development
District target area. The reason for the change was to focus more on development of the
downtown area, which would exclude large institutional uses, such as the Bayhealth
property. Mrs. Townshend noted that, if approved, the new boundary would be codified
and become part of the City’s Code.
Mrs. Townshend noted that some of the additional incentives being considered were to
waive business license fees for new businesses in the District for a period of three years;
provide a 50% rebate for real estate transfer tax upon completion and issuance of a
Certificate of Occupancy (CO) for projects that qualify for the incentive; and modify the
impact fee waiver to allow it to apply to all eligible projects within the District (currently
only applies to multi-story mixed use construction), among other variances involving the
impact fees. Mrs. Townshend advised that an additional incentive would be discussed
with the Downtown Dover Partnership (DDP) Board at their September 24, 2014
meeting. This would involve having the DDP retain an architect and budget funds to
provide up to $5,000 in architectural services for businesses that require small
renovations or a code data sheet in order to occupy an existing tenant space, which would
ease the process of new tenants bringing in their business.
Mr. Anderson shared his feeling that the proposal was well thought out. He indicated
that he was not in favor of shrinking the codified district to match the boundary because
it would not be possible to determine how long the State incentives would be in place,
and it appeared the incentives were more specific to the State, whereas the district
boundary that City set is more advantageous to the City and the entire downtown area.
Responding to Mr. Anderson, Mrs. Townshend stated there was no requirement for
matching grants under the Downtown Development District Program, however, the State
was expecting the City to provide incentives as well.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 10
Mr. Anderson inquired about incentives for vacant buildings and expressed interest in
getting those buildings occupied. He indicated that he would like to mirror the National
League of Cities’ (NLC) participation with banks, so that people can sell tax credits to
produce more cash flow.
Mrs. Townshend stated that new market tax credits would be a very positive option for
the City of Dover and concurred with Mr. Anderson’s suggestion regarding incentives
for vacant buildings, so that buildings could be saved rather than demolished.
In response to Mr. Hutchison regarding a screening process for those who apply for
incentives, Mrs. Townshend advised members that the State would screen those
applicants applying for State incentives and was currently working on guidelines.
Regarding the City’s incentives, Mrs. Townshend stated that they are included in the
Code and that an application must be completed. She reminded members that Council
recently approved an amendment to the Code that states that applicants who discontinue
paying taxes or utilities can lose their incentives.
Mr. Hutchison expressed his opinion that a specific process should be in place to avoid
people going into business and, 90 days or a year later, going out of business, which
wastes incentive money. He requested Ms. Holland and Mr. Edgell to explain the
processes the State has in place.
Ms. Holland stated that she, Mr. Edgell, and the State Planning Office were very happy
to see the State and the Governor working together on the incentive program.
Ms. Holland said that the State Planning Office works with 57 municipalities in three (3)
counties and shared her feeling that the only way to get past the recession was to start
helping towns to get back on their feet. She informed members that she had been
working with Governor Markell’s chief legal advisor to create a user-friendly
application; however, noted that it must be thorough to avoid funding businesses that are
not sustainable. Ms. Holland also expressed her appreciation for the upkeep the City
performs to make the City look nice and for enforcing standards to ensure the appearance
of the City.
Mr. Edgell advised members that there are two (2) processes involved in determining
eligibility. The first part is the application prepared by the City, which includes maps,
incentives, etc, and is due November 1, 2014. Once submitted, the State Planning Office
will meet with the Cabinet Committee of State Planning Issues in December, who will
evaluate the applications from the different cities and towns so that the Governor can
designate one (1) to (3) districts for the first program year in early 2015. After the
districts are designated, the next phase will be managed by the Delaware State Housing
Authority (DSHA), since they administer grants as a daily course of business and are
developing a process. Mr. Edgell indicated that there would be a reservation system for
developers, business owners, or property owners who wish to undertake projects in a
designated district. The DSHA will evaluate the proposal and the applicant and, if
consistent with the guidelines, the DSHA will grant them a reservation and allocate
funding to reimburse the project owner once they obtain their Certificate of Occupancy
(CO), with the purpose being to try to ensure the business is solid and sustainable.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 11
Mr. Edgell noted there had been discussions with Kent County about potentially offering
some matching grants to pair with the State incentives.
Ms. Holland emphasized the importance of money being allocated to planning,
particularly in smaller towns that do not have funding, stating her hope that the
designation would not be a one time thing. She and urged members to encourage their
legislators to approve this project.
Mr. Anderson questioned, if planning money were awarded, if it would be structured to
include staff time, overtime, etc. Responding, Ms. Holland advised that parameters had
not been fully identified; however, it was their intent to use the funding efficiently and
have it dedicated toward projects.
Mr. Dixon, Chair, Parks, Recreation, and Community Enhancement Committee (PR&CE), deferred to
Mrs. Ann Marie Townshend, Director of Planning and Community Development, to brief Council
members on this matter. She reminded members that, during the City Council meeting held on
September 8, 2014, members endorsed the Downtown Development District (DDD) Boundary Map and
explained that the boundaries approved were currently being used to compile information. She stated that
the DDD application asks for incentives that the City would be willing to offer for projects within the
DDD and staff was working on completing the application, which would be brought forward.
Mrs. Townshend expressed her wish to discuss this matter on the Council floor to ensure that the process
was transparent and that any concerns would be highlighted sooner rather than later. She indicated that
the possibility had been raised of aligning the City’s current Downtown Redevelopment Target Area
boundary with the DDD boundary, presuming the DDD designation is received. She noted that one (1)
Council representative on the PR&CE Committee was not necessarily in favor of this and explained that
staff had two (2) related concerns, as follows:
1) The DDD application mentioned incentives that apply only to the designated district.
If the City did not plan to decrease the Downtown Redevelopment Target area to
match the DDD boundary, a discussion must be held with the State to advise them
that the City’s district was larger; therefore, the City’s incentives would apply to a
broader area; and
2) There would be confusion if boundaries for the Downtown Redevelopment Target
Area differed from the DDD boundaries. Consistency between the two (2) districts
would make it clearer to those seeking and those administering incentives.
Mrs. Townshend explained that the incentives proposed were: 1) a waiver of business license fees for
new businesses within the DDD for a period of three (3) years; 2) a 50% rebate of the real estate transfer
tax for development projects once they receive a Certificate of Occupancy (CO); 3) changes to the impact
fee waivers, which were currently applicable only for multi-story mixed used development but could be
changed so that at least a portion would be exempt for all redevelopment in the target area; and 4) for the
Downtown Dover Partnership (DDP) to budget funds and retain an architect, who would be selected
through a competitive process, to help businesses making very minor modifications. Up to $5,000 in
architectural services would be provided for businesses, many of which that would not have any intention
of bringing an architect on board but must because of building code requirements. She explained that this
matter would be discussed at the DDP Board meeting scheduled for September 24, 2014.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 12
Mrs. Townshend advised members that staff was working very hard to pull together the large amount of
information that was required for the application and was confident that staff would meet the schedule.
In response to Mr. Hutchison regarding the screening process that would be used to review applications
submitted, Mrs. Townshend explained that applications for State funds would go directly to the State.
She noted that Kent County hoped to expand the program and match the State’s incentive up to $10,000.
Applications for City incentives would be reviewed by the Economic Development Office and herself,
and ultimately would be approved by the City Manager, and this review structure would be used for any
incentives added to the program.
Update - Recreation Needs Assessment
Mrs. Ann Marie Townshend, Director of Planning and Community Development,
provided members with a flyer, “Public Workshops for City of Dover Residents”
advertising three (3) Public Workshops scheduled on September 29, 2014 at Towne Point
Elementary School, September 30, 2014 at the Dover Public Library, and
October 6, 2014 at Schutte Park. Mrs. Townshend stated that, to date, there had been
approximately 100 responses. Receipt of responses was ongoing and additional paper
copies were being distributed. Mrs. Townshend advised members that she would provide
a copy of the survey to members of Council if asked, and that she planned to keep the
survey open until October 15, 2014 to allow for maximum response. Mrs. Townshend
stated that the majority of the responses were coming from City residents, so the survey
was reaching the target population.
Mr. Hutchison questioned whether staff was receiving updates from recreation programs
in surrounding areas. Responding, Mrs. Townshend advised members that the City’s
Planning Department meets regularly with a group of recreation providers, including the
YMCA, Delaware State University, Special Olympics, and Senior Olympics. She
indicated that she had also spoken with Kent County’s recreation director with regards
to setting up a meeting to discuss some of their programs.
In response to Mr. Hutchison regarding whether schools and churches were included in
the discussions regarding recreation programs, Mrs. Townshend stated that the Capital
School District is invited to meetings held with recreation providers every other month;
however, they typically do not attend. She noted that the City does have a reciprocal
relationship with the School District whereby both entities allow each other to use
facilities and fields without charge for some events. Mrs. Townshend also stated that the
Capital School District, along with Holy Cross, the Charter Schools, and St. John’s
Lutheran School, assist by distributing material on behalf of the City. Mr. Dixon stated
that he would like to see information distributed in the high schools as well.
Mr. Anderson asked if the meeting dates and times scheduled for the Public Workshops
were “set in stone,” and suggested adding a meeting at Westminster Village, which is
centrally located. Mrs. Townshend stated that this could be considered.
Responding to Mr. Anderson regarding the status of the Youth Advisory Committee,
Mrs. Townshend stated she did not believe that this was an active committee.
Mr. Anderson expressed his desire to reactivate the Youth Advisory Committee.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 13
Mr. Dixon encouraged members of local communities to participate in the Recreational
Needs Assessment by completing the survey and to contact the City to obtain a survey.
He explained that it was desired to obtain as much input as possible to determine the
needs for City parks.
Mr. Dixon moved for acceptance of the Parks, Recreation, and Community Enhancement
Committee Report, seconded by Mr. Anderson and unanimously carried (Lynn absent).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
SEPTEMBER 8, 2014
The Legislative, Finance, and Administration Committee met on September 8, 2014, with
Chairman Slavin presiding.
Due to the absence of some members who were expected to arrive later in the meeting,
Mr. Slavin requested that agenda items be reordered, as follows:
1. Purchase of Twelve (12) Additional Security Cameras
2. Civilianization of the Sex Offender Unit
3. Municipalities Continuing Disclosure Cooperation (MCDC) Initiative
4. Review of New Ordinance/Ordinance Amendment Process
5. Proposed Financial Reforms - Property Tax Governance
6. Review of Hiring by Council for Senior Positions
7. Discussion - Responsibilities and Reporting Structure for the Mayor
and City Manager and Continuation of Full-Time Status for the
Position of Mayor
Purchase of Twelve (12) Additional Security Cameras
Mr. Scott Koenig, City Manager, advised members that Mayor Christiansen and Police
Chief Paul Bernat had requested the purchase of an additional twelve (12) security
cameras for the downtown area. He stated that this was an unbudgeted expense; however,
the Mayor and Chief proposed to purchase the cameras in the same manner that some of
the other downtown cameras had been purchased, noting that the total cost of the
additional twelve (12) cameras would be $102,585.00.
Mr. Koenig stated that area legislators were interested in supporting this project; however,
Community Transportation Funds (CTF) could not be used to directly purchase the
cameras. Therefore, staff proposed to transfer $102,585.00 from the FY 2015 Street
Program (Project # ST1502) for the proposed purchase. He explained that staff would
provide the area legislators with copies of the concrete and paving estimates for various
street segments in need of repair throughout the city, and the legislators would be
requested to backfill the transfer of funds from the Street Program with an equal amount
of CTF funds.
Mr. Koenig stated that the Finance Department would create a project number in the
accounting system for the camera purchase and transfer the funds upon approval from City
Council, and staff would complete all of the necessary paperwork for the CTF agreement.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 14
Staff recommended authorization to transfer up to $102,585.00 in appropriated funds from
the FY 2015 Street Program to a new project to be identified as the Downtown Camera
Project Expansion.
Responding to Mr. Anderson regarding whether any projects would be delayed using this
approach, Mr. Koenig stated that there was no expectation of delay.
On behalf of himself and Police Chief Paul Bernat, Mayor Christiansen indicated that it
was their feeling that the addition of these 12 cameras would assist in providing for the
security of neighborhoods throughout the City. He stated that, in the past, cameras had
been instrumental in assisting the Dover Police Department in quickly closing cases that
might not have been closed otherwise. He indicated that the City was working closely
with its State legislative delegation and expressed gratitude for their assistance with this
project. Mayor Christiansen requested that the Committee approve the request.
Mr. Shevock questioned if the amount of funds for the 12 cameras was similar to the
funds spent previously to purchase cameras and if the same contractor would be used.
Responding, Chief Bernat stated that the same type of camera would be purchased as
those presently in use, although new cameras would be high-definition, and they would
be provided by Advantech, Inc., the previous provider. He indicated that the purchase of
12 additional cameras would allow the City to connect to 24 other cameras that the City
would not have to maintain; therefore, this purchase would provide an additional 36
cameras. When added to the 35 existing cameras, there would be a total 71 cameras used
in the City. Chief Bernat stated that a workstation (computer set-up) and a 65-inch
monitor for viewing all of the cameras would be included with the purchase of the 12
additional cameras.
In response to Mr. Shevock regarding whether the existing cameras could be updated to
high-definition, Mr. Ryan Kelly, representative from Advantech, Inc., stated that the City’s
cameras were covered under existing service maintenance and would be replaced with
newer, high-definition cameras when they “go bad” and at some point all of the cameras
would be the same.
Mr. Hutchison expressed his hope that all would embrace and support this request, noting
that the cameras had been a great addition to the City and the Police Department.
Mr. Slavin stated his understanding that cameras were being used as evidence gathering
devices and questioned if the City would move toward devoting employee resources to
actively monitor cameras. Responding, Chief Bernat stated that he would like to see this
in the future. He advised members that the Department had just become fully staffed,
which allowed four (4), three (3) man shifts of dispatchers. He expressed his wish to
dedicate one (1) of these individuals to monitoring cameras and to rotate this
responsibility. Chief Bernat noted that there was a small kitchen area next to the
Department’s dispatch room and that eventually he would like to make this a camera
monitoring area, noting that this would be “a lot cheaper than putting a police officer on
a corner.”
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 15
Mr. Slavin questioned if a ratio had been developed regarding the amount of manpower
resources that would be leveraged when a certain number of cameras were available and
suggested that such a strategy be developed. Responding, Chief Bernat stated that he did
not have this information available; however, stated that “a picture says a thousand words
and a video says a million.” He advised members that this was a good program and that
murders had been solved using these cameras.
The Committee recommended authorization to transfer up to $102,585.00 in appropriated
funds from the FY 2015 Street Program to a new project to be identified as the Downtown
Camera Project Expansion, as recommended by 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 (Lynn absent).
Civilianization of the Sex Offender Unit
Police Chief Paul Bernat advised members that the request to hire for these two (2)
civilian Sex Offender Registry Enforcement Agent positions was related to a previous
request for authorization for the Police Chief and City Manager to sign a Memorandum
of Agreement (MOA) with Parkway Academy Central (PAC), an alternative school for
youth, and for the Police Department to hire one (1) police officer for the position of
School Resource Officer (SRO) for PAC, which was approved by City Council during
the Regular Council Meeting of July 28, 2014. He stated that the Police Department
signed an MOA with the school's principal in early August that would also generate
$60,000 in revenues per school year for the new SRO position.
Chief Bernat stated that this was the second part of the SRO agreement with PAC. He
informed members that, in addition to the $60,000 provided by the PAC, the Police
Department was planning to make up approximately $25,000 through civilianizing the
Sex Offender Unit. Chief Bernat advised members that only retiring officers would be
replaced with civilians and no positions would be created. He stated that civilizing the
Sex Offender Unit would result in a savings of approximately $45,000 for each position
and a five (5) year savings of approximately $239,087.40. He explained that one (1)
officer would like to retire as soon as possible and, if this occurred, the Department’s
total strength would be reduced from 94 officers, for which the Department was
temporarily authorized, to 93. If the retired officer were to become a civilian, retraining
would not be necessary, and a police officer would be put back on the road.
Mayor Christiansen expressed his hope that members would endorse this strategy, as
developed by himself and Chief Bernat. He stated that this would result in a net savings
to the Police Department and the City and maintain a police presence on the street. He
stated that officers in the Sex Offender Unit would be replaced with competent and
qualified civilians, and the Sex Offender Unit would still be supervised by a uniformed
police officer.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 16
Mr. Anderson questioned how the position would be advertised, noting the importance
of complying with Equal Employment Opportunity rules. Responding, Chief Bernat
stated his desire to advertise through an in-house posting, which would make eligibility
exclusive to the Police Department and the current City of Dover Fire Marshal, who is
a certified police officer. He stated that the City’s attorneys in Wilmington had advised
that this approach was allowable.
Staff recommended approval of the project as requested.
The Committee recommended approval of the project to civilianize the Sex Offender
Unit and authorization to hire two (2) civilian Sex Offender Agent positions, as
recommended by staff.
[City Clerk’s Office Note: Subsequent to the meeting, members were provided a
Memorandum from Chief Paul Bernat, dated September 10, 2014, which provided
clarification and additional details regarding this proposed project.]
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 (Lynn absent).
Municipalities Continuing Disclosure Cooperation (MCDC) Initiative
By unanimous consent, this item was deferred until the latter part of the meeting.
Review of New Ordinance/Ordinance Amendment Process (Deferred by Committee
on August 25, 2014 Due to Time Constraints)
Mr. Scott Koenig, City Manager, informed members that, during the Regular City
Council Meeting of July 28, 2014, a Final Reading was held for Proposed Ordinance
#2014-15 Amending Chapter 110 - Utilities, Article III - Water Service, Division 3 -
Water Impact Fees, Section 110-207 - Establishment of Equivalent Dwelling Units and
Article IV - Sanitary Sewer Service, Division 3 - Wastewater Collection Impact Fees,
Section 110-282 - Establishment of Equivalent Dwelling Units. He stated that, during
the discussion related to this ordinance, several members of Council expressed frustration
that staff amended the ordinance between the initial Utility Committee meeting and the
First Reading of the Ordinance. Mr. Koenig advised members that someone affected by
the ordinance requested a meeting with him and Council President Bonar to obtain
clarification regarding the proposed ordinance. As a result, staff amendments were
incorporated into the proposed ordinance, and staff believed that typical procedures were
followed. He explained that the original ordinance was generated by staff, and staff did
not seek additional sponsorship for the staff amendments from the members of Council
who sponsored the ordinance.
Mr. Koenig questioned how this type of situation should be approached in the future. He
expressed concern that there would be a significant burden if a requirement were
instituted to go back through the approval process for each proposed amendment, noting
that there are often amendments at the Council level that do not go to Committee for
consideration. He stated that, although there was a substantial change to the wording of
the ordinance, there was no change to its original concept or impact.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 17
Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated
that typically, if staff recommends a change to an ordinance, this change is called Staff
Amendment #1. When City Council acts on the ordinance and amendment, Council has
the option to deny the amendment and return to the ordinance as originally proposed;
therefore, staff amendments result in no changes without Council approval. She advised
members that she and Mrs. Traci McDowell, City Clerk, often perform wordsmithing
with amendments, especially with zoning ordinances, and other staff members may point
out language that is unclear. Mrs. Townshend expressed concern that staff would not
make these clarifications in the future if they were required to go back through the
process, resulting in delays and more workload. She could not recall any other instance
when this was said to be a problem, noting that these staff amendments are typically
explained to Council.
She stated that if staff were precluded from offering amendments, an opportunity might
be missed to improve the wording of ordinances and leave future staff and future
Councils dealing with “murky language,” which staff often encounters with existing
ordinances.
Responding to Mr. Hare regarding whether staff reviews ordinances before they are
initially brought forward, Mrs. Townshend advised members that staff does initially
review ordinances but details can become apparent after additional review.
Mr. Slavin stated that the goal was the best product with the least process whenever
possible. He expressed concern, from the public’s point of view, that changes might be
made between the First and Final Readings of an ordinance. He felt that a process
change was not needed but a communication change to provide a way to alert everyone
to staff amendments or proposed language clarifications. He proposed that those who
bring ordinance amendments forward should communicate to Council when there is a
substantive change and the reason for it. Noting the large volume of meeting packets that
are provided, he felt it would be better if it were stated in plain English why amendments
were made, separate and apart from the ordinance.
Mr. Koenig questioned if it was desired to add narrative in a memo as a cover page or if
the synopsis should detail this information. Responding, Mr. Hare suggested notifying
members of the changes via email. Mr. Slavin suggested that these changes be flagged
to alert members that the proposed changes are “a little out of the ordinary.”
Mr. Anderson expressed his opinion that no changes to the ordinance amendment process
were necessary; however, he felt that the public should clearly understand that such
changes are proposed amendments, not changes to the ordinance. He stated that when
this particular ordinance was pulled up, it appeared to be a complete substitute, which he
felt caused concern. He suggested at least alerting the sponsor(s) so that they could agree
to the changes.
Mr. Slavin stated his belief that staff understood the spirit of the conversation and that no
action was necessary.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 18
Proposed Financial Reforms - Property Tax Governance
During the Committee meeting of June 23, 2014, Mr. Slavin advised members that
during the June 11, 2014 Special City Council Meeting - Budget Review he proposed a
series of 14 financial reforms to be addressed over the next six (6) to nine (9) months that
would assist in shaping the City's Budget for FY 2015/2016. He stated that the proposed
reforms were clustered into four (4) separate areas, as follows: 1) public safety;
2) compensation policies; 3) property tax governance; and 4) restrictions on uses of
appropriations. He requested that members consider the public safety area first and that
staff be requested to review the reforms, develop recommendations, and provide
information on any financial gap that may result. He explained that the review would
allow members to identify whether there was a need to create policy, ordinances, or
Charter changes to implement any changes that may result from those discussions.
Mr. Slavin reviewed the two (2) proposed financial reforms regarding property tax
governance, as follows: 9) Council shall not raise the property tax rate more than 9.5%
without first holding a referendum on the proposed tax increase. This provision shall not
apply in those years when a revenue-neutral adjustment to the tax rate is required because
of property revaluation; and 10) Council shall not raise the property tax rate more than
9.5% without two (2) separate votes of a two-thirds majority vote of Council, with the
requirement that a municipal election occur between the first and second vote. This
provision shall not apply in those years when a revenue-neutral adjustment to the tax rate
is required because of property revaluation.
Mr. Slavin stated that the spirit of these reforms was to tighten controls that Council has
on itself in regard to budgeting, rather than relying on a “pot of gold that might sit at the
end of the rainbow” by solving the City’s problems through a dramatic tax increase,
which would not be in the best interest of the City or taxpayers. The purpose would be
to cap Council’s ability to change the tax rate without requiring additional steps. He
noted that the proposed financial reforms were meant to be discussion points that could
be adopted as policies and that some may involve charter changes. He indicated that the
requirement could be for the conditions of both proposed reforms to be met, or one or the
other.
Mr. Anderson stated that proposal #9 was his favorite proposed financial reform because
he felt it was essential that the people have a say in their government and their taxes,
since few things affect them as visibly and directly. He felt that this proposal would
allow a nearly 10% tax hike in one (1) year with just a majority vote, without holding a
referendum, and that this would allow flexibility. Mr. Anderson indicated that requiring
a referendum with any tax increase would unnecessarily handicap Council, who were
elected to do a job; however, he agreed with a cap that would guarantee that there would
not be a 30% - 50% tax hike in one (1) year, which could send shocks to the economy.
He stated this would provide a degree of certainty that would be good for economic
development and would be good public policy. Mr. Anderson did not feel that both
proposals #9 and #10 were necessary and favored #9. If proposal #9 were not adopted,
he felt that #10 might be a possible approach.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 19
Mayor Christiansen expressed his opinion that Proposals #9 and #10 were both viable
options to encourage Council to “do the right thing” and that both should be studied very
closely. While he believed that most Councils would have a tendency to be responsible
to their citizens and taxpayers, he felt it important to have a mechanism in place to protect
the taxpayer from unnecessary spending. However, he felt that these two (2) points
should never be put in place to remove fiscal responsibility from members of Council.
Mr. Hare indicated that he did not have a problem with proposals #9 and #10, but felt that
with any tax increase Council must make sure that the City has its “ducks in a row.” He
stated that if the City were to continue to dole out large union contracts, hire people for
upper management, and then raise taxes, Council would be sending the wrong messages.
Mr. Hare felt that if there were a need to raise taxes to make ends meet, then the City
must tighten its own belt.
Mr. Slavin stated that these points were brought forward because he believed that Council
had a fiduciary responsibility to manage and spend wisely, rather than relying on
gimmicks and “kicking the can down the road” for someone else to deal with. He
expressed the need to be transparent and, when the opportunity is there, to listen to the
voters. He indicated that both items were brought forward because he felt that if there
were a sitting Council who wanted to raise taxes beyond 9.5% and did not want to go to
referendum, this would take away their ability to do so without having an intervening
election.
In regard to proposal #10, Mr. Hare questioned, for example, if Council approved a tax
increase beyond the limit by a two-thirds vote in June 2015, if it would be necessary to
wait two (2) years to do so because the next regular election would be in 2017. Stating
that he was not in opposition to the proposed change, he noted that this would delay the
receipt of funds. Responding, Mr. Slavin stated that this proposal was now a
recommendation and if it were to become a policy, Council could “opt out” of it.
However, if it were included as an ordinance or charter change, Council would be bound
by it.
Mr. Hutchison stated that elected officials have the responsibility to serve the City of
Dover and that members of Council have tremendous resources in terms of staff and legal
advisors to analyze issues and concerns related to raising taxes. He did not like “having
hands tied” in this regard and felt that the ultimate decision should rest upon elected
officials, and this concept had been honored in years past.
Mr. Scott Koenig, City Manager, expressed his concern that staff had experienced
difficulty in getting traction in recent years on any tax increase. He explained that, under
current rates, the 9.5% cap would equate to a $0.0321 proposed increase in property tax.
For several years, staff had recommended tax increases to stabilize the General Fund,
which had been negated in the budget process, either through fee increases, deletions of
projects or initiatives, or transfers from the Electric Fund. He stated concern with a hard
cap, noting that the budget is typically presented in the May time frame, which would
require a “scramble” to bring it to referendum. He indicated that if Council elected to
move forward the timing of these initiatives would be important. Mr. Koenig advised
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 20
members that a great deal of time is spent developing the budget, and if it should go to
referendum, the budget must be marketed, due diligence must be performed from the
public’s standpoint, and the audience would expand from a Council and Committee body
to the general public. This would add a significant burden to staff to advocate for those
budgets moving into the challenge of a referendum. If a vote were held before and after
the election, this would move the roll-out of the budget into the March time frame to
allow Council time to review the budget initially, and then bring the issue before a new
Council following the election. In regard to the proposed 9.5% cap, Mr. Koenig stated
that this would equate to approximately $0.0321, and it had been shown in multiple
budget iterations that the need was greater than this. He reminded members that an
increase of $0.0722 was proposed in FY 15, which was not palatable at the Committee
or Council level, and indicated that 9.5% was not very high when looking at the City’s
current tax rate.
The Committee recommended that proposed financial reform #9, Council shall not raise
the property tax rate more than 9.5% without first holding a referendum on the proposed
tax increase; this provision shall not apply in those years when a revenue-neutral
adjustment to the tax rate is required because of property revaluation, be referred to staff
for drafting as an ordinance and that an opinion be obtained from the City Solicitor
regarding whether it should be prepared as a simple ordinance or a Charter change.
The Committee recommended tabling proposed financial reform #10, Council shall not
raise the property tax rate more than 9.5% without two (2) separate votes of a two-thirds
majority vote of Council, with the requirement that a municipal election occur between
the first and second vote; this provision shall not apply in those years when a
revenue-neutral adjustment to the tax rate is required because of property revaluation.
Mr. Slavin reviewed the provisions of proposed financial reforms #9 and #10 related to property tax
governance, noting that they were separate but related items. He explained that the Legislative, Finance,
and Administration Committee discussed these items at some length and financial reform #10 was tabled
by a unanimous vote of the Committee as the intent of the reform was met with the Committee’s
recommendation of reform #9. Mr. Slavin stated that Mr. Koenig had asked that this item be removed
from the consent agenda for additional discussion on the floor. Mr. Slavin stated that he was still very
much in favor of this reform and saw it as a critical step in ensuring the City’s long-term financial health,
while also promoting full transparency.
Mr. Koenig expressed his concern, as indicated at the Committee level, that there had been an ongoing
debate about the potential need for a tax increase for the General Fund. The draft budget for FY 2015
included a proposed $0.0722 tax increase to address requests from the prior year from Council regarding
infrastructure improvements, as well as general operating expenses. Ultimately, after five (5) or more
sessions of debate during the 2015 budget hearings, Council elected to transfer $2M from the Electric
Revenue Fund to balance the budget; however, Mr. Koenig reminded members that there was still
significant pressure on the General Fund. He cautioned members that if a requirement were added for
a public referendum, this would probably push the budget presentation back to February or March, when
the numbers would be less solid than in May, when hearings were typically held. He indicated that there
would be additional costs and work associated with a public referendum, noting that it would be
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 21
necessary to advocate for the budget throughout the City to gain support, and failing to provide this type
of presentation across the City would be a disservice to the City. He reminded members that even after
the $0.0722 increase was proposed for FY 2015 and was discussed in the newspapers, only a relatively
small number of people contacted the City in this regard and general participation was relatively low.
From a budgetary standpoint, he stated that adjustments would have to be made to accommodate a
referendum, if required. Mr. Koenig was unsure if staff would be prepared for a referendum for FY 2016,
and stated that, without a referendum, this proposal would limit staff to bringing forth a budget that would
be within the 9.5% prescriptive numbers outlined, which may or may not be a budget that Council would
like to consider. He stated his understanding, coming out of the last budget meetings, that Council would
like to see several options presented at the budget hearings in May 2015, which staff would begin
preparing for very shortly. He stated that a lot of work would need to be done to meet the proposed
referendum requirement.
Mr. Anderson questioned if Mr. Koenig would consider it a negative if the City had a tax increase that
was greater than 10% if it had the support of the people. Responding, Mr. Koenig stated that he would
not consider such an increase to be a negative; however, he explained that 10% would equate to
approximately $0.035 on the property tax rate and each penny would raise approximately $315,000. If
Council decided to allocate $1M more to the street program next year, that could create the need for a
referendum.
In response to Mr. Hutchison regarding the number of tax increases in the City during the last seven (7)
years, Mr. Koenig stated his belief that the only tax increases during this period were related to property
revaluation.
Mr. Hutchison questioned how many times Council had taken funds from the Electric Fund or Electric
Reserve Fund in order to meet the General Fund budget in the last seven (7) years. Responding,
Mr. Koenig stated that for FY 15, $2M was transferred from the Electric Fund to balance the budget. For
FY 14, staff proposed bringing forward unused revenue from the FY 13 budget to balance the FY 14
budget; however, the trash fee was adjusted to balance the budget. In 2012, the transfer from the Electric
Fund was changed from 8% of the total budget to an $8M flat transfer; therefore, there were flat $8M
transfers in FY 2014, 2013, and 2012. Prior to that, transfers were based on a percentage of revenue. He
indicated that it was his and Mrs. Mitchell’s belief that adjustments associated with reassessments were
made to the tax rate in FY 2010 and FY 2006.
Mr. Hare stated his opinion that there were not many funds in the City that could stand on their own and
that the electric utility was created years ago to keep the property tax low. He indicated that revenues
from the electric utility support a lot of funds in the City and “the money goes wherever it needs to go.”
He stated that he was concerned only with the amount of revenue brought into the City, how much was
spent, and how much is in the reserves, regardless of the source. Mr. Hare felt that Council had “tied the
City Manager’s hands an awful lot.” He stated that when Mr. James O’Conner was serving as City
Manager, Council told him to do what must be done to bring a budget forward without raising taxes,
rates, and fees. For the most part, this was done and, for the most part, Council did not know the details.
Mr. Hare stated that Council was not currently allowing Mr. Koenig to do this and suggested that he be
asked to provide a budget that had no increases. Mr. Hare felt that Council should not be telling the City
Manager what to do because the City Manager “knows what goes on.” If Mr. Koenig could not develop
such a budget, then Council should get someone who can, although Mr. Hare expressed his belief that
Mr. Koenig could accomplish this.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 22
Mr. Slavin reminded members that during the time that Mr. O’Conner served as City Manager, revenue
streams were increasing, which assisted in the City Manager’s ability to deliver budgets without increases.
He indicated that the proposed reforms were intended to be a means for Council to govern itself and not
to “handcuff” Mr. Koenig. Mr. Slavin explained that these rules would be set for Council to obey, and
if it were desired to raise taxes by $1M or 9.5%, the voters should be consulted. In reference to
Mr. Koenig’s comments that it would be a disservice to the City not to advocate for the budget when
having a referendum, Mr. Slavin felt that the best way to avoid this disservice would be to invite every
voter in the City to participate in that decision.
Mr. Perza stated his position that Council representatives had been elected to make decisions on behalf
of those in their districts. He felt that Council was capable of deciding whether or not to raise taxes based
on the information provided in books, manuals, slides, presentations and budget hearings. When these
decisions are formulated, members meet with members of the community and have a sense of what those
in their communities want them to do. Mr. Perza felt that extra layers of bureaucracy were being added
to micro-manage City management’s decisions. He recognized that big decisions would have to be made,
but advised members that if Council goes against the will of the people, they would hear about this and
ultimately be replaced. Noting that, in terms of tax increases and spending money, he was probably “the
cheapest person in this room,” Mr. Perza expressed his belief that Council was present to make these
decisions and if they could not be trusted to do so, the wrong individuals were seated at Council desks.
He did not feel that any members would take the decision to raise taxes lightly since this would have
direct consequences on every household in each district. Acknowledging that he did not like tax
increases, Mr. Perza stated that, by adding extra layers, proposed reform #9 would open the door to extra
administrative oversight and unanticipated cost.
Mr. Hare concurred with Mr. Perza, stating that the counsel of former Councilman Francis Weyandt was
that if the people had to be asked every time Council wanted to do something, then members should not
be there; members should do what feels right and if the people do not like this, they will not re-elect their
representatives. Mr. Hare noted that the City had provisions in place to require a referendum, for
example, if a certain amount of money were spent. He stated that a referendum was required when the
construction of the J. W. Pitts Center was proposed and this referendum failed. Consequently, the
proposal was redeveloped in an amount below the required referendum amount and the facility was built
without air conditioning. Mr. Hare explained that the City was now spending funds to put air
conditioning in this facility. He stated that, like Mr. Perza, he would resist a tax increase; however, he
did not believe that a referendum should be required for a tax increase.
Mr. Anderson stated that he favored proposed reform #9 because it made sense economically. He felt
that uncertainty was one of the biggest factors against economic development. It was his belief that
Dover would become friendlier for jobs and economic development and more attractive for those opening
and relocating businesses due to the certainty that any tax increase would happen gradually and would
not be larger than 10% in a year. Mr. Anderson explained that this proposal would apply to significant
tax increases that demand public input and a public buy-in. Mr. Anderson advised members that,
according to the City’s current charter, a referendum would not be binding. After holding such a
referendum, if Council still felt that the City still needed to raise taxes, this could be done, although he
believed that if the results of the referendum were negative, taxes would not be raised. Mr. Anderson
stated that this was a good proposal and he was glad to support it.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 23
Mrs. Williams stated that she had strong feelings about both sides of this issue and cited two (2) concerns
that she had experienced since being elected: 1) the manner in which the City raises taxes, stating that the
City always finds a “ghost excuse,” such as an electric rate hike or trash fee, rather than saying directly
that more money is needed to run the City; and 2) she expressed disagreement with the construction of
the Dover Public Library without a referendum when the public was “screaming” for one. She indicated
that the library had been a good thing for the City; however, she also stated that many people thought they
had not been given an opportunity to have a say in this. Mrs. Williams indicated that she did not wish
to tie Mr. Koenig’s hands behind his back, expressing her belief that he was fully competent and capable
of doing what he was asked and of bringing forward factors that Council may not have thought of.
However, she was unsure that Council would follow its own best judgment unless pushed by the citizens
of the City. In the past, she felt that Council had been very manipulative and stated that perhaps the best
way to handle this would be with a referendum which would stop all of the “game playing.”
Mr. Perza guaranteed the residents of the Second District that they could be very certain that he would
not be voting in favor of raising taxes by 20% or more if Council got to that point.
Theoretically, Mr. Hare stated that if a tax increase of 23% were proposed and this was put to a
referendum that failed, Council could raise taxes 9.5% but would still be 14% short. He questioned
where these funds could be obtained and whether they would be provided by laying off employees,
cutting services, or finding the money elsewhere, which would indicate that there was no real need for
the 23% increase.
Responding, Mr. Slavin stated that there would be many options, including cutting expenses. He noted
that this year Council was faced with a tax increase of more than 20% in the proposed FY 2015 budget
and got by with a 0% tax increase.
Mr. Hare stated that if expenses could be cut to save money, Council should be doing this anyway.
Mr. Slavin advised members that the proposed reforms were offered as a package and expressed his
opinion that #9 was an important reform that spoke to a very fiscally disciplined and conservative policy
that had transparency and accountability attached to it. He stated that he supported and stood by the
proposal.
Mr. Hutchison agreed that the City needed to fine tune its operations by putting strong measures in place.
He stated that he took a great deal of pride in serving as an elected official and did his homework when
it came to knowing the budget and what the needs were, as did other Council members. In reference to
the FY 2015 budget, he stated that the City Manager brought forth a proposal, but the elected officials,
working with the City Manager, came back with a different plan and did not have to raise taxes. He
stated that elected officials work together with the City Manager and Controller/Treasurer to address the
issues and concerns facing the citizens. In regard to tax increases, he stated that the track record spoke
well for the City, noting that tax increases are not often implemented in Dover and no other city in the
State has a similar record in regard to tax increases. However, Mr. Hutchison expressed deep concerns
with the notion that the City could continue to take funds from reserves and the Electric Fund. He stated
that, at some point, it would be necessary to increase taxes, and he felt that this burden belongs on
Council as the elected officials.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 24
Mr. Hare stated that, although he would be willing to try proposed reform #9, he did not want to see it
implemented as a permanent measure. He felt that it should include a sunset provision to see how it
performs.
Mr. Perza stated appreciation for the efforts of Mr. Slavin and the Committee to develop methods that
are fiscally conservative to protect the City’s and taxpayers’ interests. He reiterated his philosophical
position and stated that he was open to suggestions and working with it. Mr. Perza suggested that
mechanisms be included to accommodate states of emergency, noting that if Hurricane Katrina or a
tornado wiped out half of the City, there would not be time for referendums. He stated that perhaps
something could be adopted, such as a super majority vote of Council that a referendum was not required
under certain circumstances.
Mr. Anderson stated that Mr. Perza’s suggestions could be included when an ordinance is drawn up. He
reminded members that the recommendation was to obtain a legal opinion to have an ordinance drawn
up, stating his assumption that all of the concerns would be incorporated when the time came. He
expressed his belief that it was important to move forward because this proposed financial reform was
the one that would make all of the other reforms work, including spending packages and negotiations.
Mr. Anderson stated that if union arbitration became necessary, the City would be able to point to an
actual limit that could be paid out, which would be in the City’s favor.
Council President Bonar stated that, as a legislative body, Council members were elected to do a job and
to relate information and respond to constituents. He expressed his belief that the ultimate referendum
was the Council member’s term of office. He believed that Council could be forced into a position where
it might be necessary to raise taxes more than 9.5% without holding a referendum between two (2)
elections. These were decisions that Council would be faced with as elected officials. He stated that no
one wanted to raise taxes, and the City had the luxury for many years of having reserves to help balance
the budget; however, in the future, members would be faced with a distinct possibility of raising taxes
more than 9.5%. Mr. Bonar felt that this topic was food for thought and, judging from what others had
said, he felt that there was room for compromise. He stated that Council had hired the City Manager and
Controller/Treasurer and if they did not bring forward a budget that was balanced enough without causing
undue financial pain, it was up to Council to replace them; however, he cautioned members that it would
not be possible to “cut our way” into a balanced budget.
Mr. Slavin moved to refer financial reform #9 to staff and legal counsel for drafting as an ordinance, with
the provision in the drafting of the ordinance that Council may vacate the provisions in times of
unforeseen emergencies, seconded by Mr. Dixon.
Mrs. Williams moved to amend the motion to stipulate that the ordinance be reviewed four (4)
years after implementation, seconded by Mr. Slavin and carried by a roll call vote of seven (7) yes
(Anderson, Dixon, Perza, Slavin, Williams, Hare, and Bonar), one (1) no (Hutchison), and one (1)
absent (Lynn).
The motion to refer financial reform #9 to staff and legal counsel for drafting as an ordinance, with
the provision in the drafting of the ordinance that Council may vacate the provisions in times of
unforeseen emergencies, with the stipulation that the ordinance be reviewed four (4) years after
implementation carried by a roll call vote of six (6) yes (Anderson, Dixon, Slavin, Williams, Hare,
and Bonar), two (2) no (Perza and Hutchison), and one (1) absent (Lynn).
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 25
Municipalities Continuing Disclosure Cooperation (MCDC) Initiative
By unanimous consent, members agreed to consider Agenda Item #3, Municipalities
Continuing Disclosure Cooperation (MCDC) Initiative, which was deferred earlier in the
meeting.
Mrs. Donna Mitchell, Controller/Treasurer, stated that in June 2013, when working on
the 2013 Water Sewer Revenue Bonds, it came to staff’s attention that there was a
requirement to file a municipal disclosure based on new Securities and Exchange
Commission (SEC) rules and that this had been a requirement since 2010. As part of that
bond issue, staff developed and Council approved a Disclosure Policy. Mrs. Mitchell
advised members that the SEC had provided a “grandfather period” to allow
conformance with disclosure. Since this grandfather period would soon be expiring and
staff was working on a new loan, Mrs. Mitchell stated that she wished to bring this to
Council’s attention. In addition, she stated her desire to provide education on disclosure
requirements as this was an annual requirement stated in the Disclosure Policy.
Mrs. Mitchell reviewed a presentation, entitled “Municipalities Continuing Disclosure
Cooperation Initiative - Securities and Exchange Commission Rule 15c2-12.” She
explained that Electronic Municipal Market Access (EMMA) was the repository where
the City puts all of its financial information for bondholders, brokers, and dealers, and the
Municipal Securities Rulemaking Board (MSRB) is the agency that oversees disclosure
and ensures compliance for the SEC. Mrs. Mitchell informed members that she
examined the information that City staff provided through EMMA and determined that
the City’s Comprehensive Annual Financial Reports (CAFRs) were submitted in
December 2013, within the allowable time frame stated within the City’s Disclosure
Policy (275 days after fiscal year end). However, CAFRs prior to 2013 were listed as
uncertified, so Mrs. Mitchell contacted EMMA and was told that this was the result of
a glitch in their system. Mrs. Mitchell stated that she was able to log into EMMA and
correct this problem and these reports were made available.
Referring to Event Notices, Mrs. Mitchell explained that rating changes would include
anything that impacts the City’s bonds. For example, she stated that the ratings of the
companies that insured the City’s bonds were downgraded after problems in the market,
and the City was supposed to report these downgradings in addition to the City’s own
downgradings.
Referring to SEC Rule 15c2-2-12 Violations, Mrs. Mitchell reviewed the violations, as
follows:
· An issuer fails to accurately report its compliance with the information
disclosure requirements of the Rule in the Official Statement of a subsequent
securities offering.
· An underwriter distributes a municipal security using an issuer’s defective
Official Statement because they failed to exercise adequate due diligence and
as a result could not form a reasonable basis for believing the truthfulness of
the issuer’s official statement.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 26
Mrs. Mitchell advised members that penalties can be imposed for non-compliance, that
many entities and bond issuers were not in compliance, and that a grandfather date had
been established. She indicated that underwriters, such as J. P. Morgan and
Merrill Lynch, were paying associated fines because they were unsure what had been
done with bonds that they bought for issues. Mrs. Mitchell noted that the deadline for
issuers had been extended from September 10, 2014 until December 1, 2014, and this
was the case with the City’s deadline as well. She stated that the Disclosure Policy
previously approved by Council should have been listed through EMMA but was not;
however, as previously stated, the City’s CAFRs were posted. She noted that the City
had received correspondence from Robert W. Baird and Co., Inc., who purchased the
City’s water/sewer bonds, and from J. P. Morgan, who bought the City’s most recent
electric bonds, asking if the City was in compliance and stating that they would list the
City as non-compliant because its CAFRs were not listed until 2013. Mrs. Mitchell
stated that the City’s policy was that the CAFR must be posted within 275 days; however,
the system only provided options of 120 days or 150 days. When staff loaded the
information into the system, 120 days was chosen, which might have made it appear that
the City was not in compliance. Mrs. Mitchell stated that she planned to have this
corrected, and she felt that having the Disclosure Policy listed would show what the
City’s policy is.
[City Clerk’s Office Note: Subsequent to the meeting, members were advised that
Robert W. Baird and Co., LLC had filed with the SEC that the City of Dover is in
compliance with continuing disclosure rules since, as of the time of its bond issue in
2013, the City had completed its disclosure requirements and documented previous
non-compliance in the City’s official statement, Moody’s upgrade, and CAFR.]
Mr. Shevock inquired, when insurers were downgraded, whether they were supposed to
notify the City or if staff must monitor this. Responding, Mrs. Mitchell stated her
opinion that the insurers should notify the City; however, this question was being
debated. She advised members that issuers and underwriters had stated that this was
public information and questioned why they were being asked to put additional
information out, explaining that Fitch Ratings Corporation and Moody’s Corporation
issue press releases when the City’s ratings are changed. She assured members that staff
would list all of this information by December 1, 2014.
Mr. Anderson questioned if the City would be completely compliant by
December 1, 2014. Responding, Mrs. Mitchell assured members that staff would put all
of this information out by this deadline, stating that it might require the expenditure of
funds for the assistance of the City’s bond financial advisor or bond counsel and that
funds budgeted for training would be used to cover this expense.
Responding to Mr. Anderson regarding potential changes in revenue projections in
relation to this matter, Mrs. Mitchell stated that she did not anticipate any changes.
Review of Hiring by Council for Senior Positions (Request of Councilman Hare)
Mr. Hare stated his opinion that when senior positions with salaries of $75,000 - $80,000
become vacant, these positions should come before Council for review, even if these
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 27
positions have been previously approved. He felt that there was a need to evaluate each
of these positions and vet them through Council to ensure that nothing changed from the
time when the position was approved, and that Council may choose to hold off on filling
such positions in the context of making decisions about possible tax increases.
Mr. Anderson expressed his opinion that Mr. Hare had a valid concern; however,
reminded members that existing procedures required justifications, cost projections,
back-up, budget procedures, and separate review by the Legislative, Finance, and
Administration Committee and City Council. He was unsure if it would be
advantageous to add an extra layer of oversight, stating that, after Council approval, there
must be a point where the City Manager is allowed to perform his job.
Mr. Hare clarified that he was not suggesting that this matter come through the
Legislative, Finance, and Administration Committee again but that it be reviewed by
Council.
Mr. Slavin noted that sometimes there was a difference between the budgeted salary and
the actual salary and questioned if there were a related procedure. Responding,
Mr. Koenig stated that he was not aware of any formal requirement and could think of
only one (1) or two (2) upper level positions that might prompt such discussion. He
indicated that a position may be budgeted for ten months and occupied for only eight (8)
months, creating a difference in salary. He stated that it had not been his experience that
staff had gone “way out of the ballpark” on any positions. Mr. Koenig stated that there
was concern when hiring the Electric Director that the established limits would be
exceeded, but staff was able to meet the budget.
Mr. Slavin agreed with Mr. Hare’s comment that this issue should be considered by
Council without undue delay, and he noted that this matter would require a very careful
evaluation of the personnel issues that require executive session.
Mr. Koenig stated that he did not share Mr. Hare’s concerns, noting that setting the bar
at $75,000 would likely interrupt police promotions at the higher level and bring about
debate for individual positions.
Mr. Hare stated that he was considering only positions that are new to the City or newly
created positions.
Mr. Koenig requested that he be allowed to administer the budget as adopted.
Mr. Slavin moved to recommend that Council review senior positions with salaries of
$75,000 - $80,000 when they become vacant, even if these positions have been
previously approved. The motion was seconded by Mr. Hare.
Mr. Anderson stated that he was “not sold” on this concept, stating that it may be
necessary to hear more on this matter. He felt that the process in place was extensive and
was unsure if an additional level of approval was necessary.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 28
The Committee recommended that Council review senior positions with salaries of
$75,000 - $80,000 when they become vacant.
Mr. Slavin explained that the idea to provide for Council review of higher-paid positions was posited by
Mr. Hare during the Legislative, Finance, and Administration Committee meeting and that the
Committee’s recommendation on this matter was based on a vote of four (4) yes and one (1) no.
Mr. Slavin advised members that Mr. Scott Koenig, City Manager, had requested that this item be
removed from the consent agenda for additional discussion, and he deferred to Mr. Hare for further
explanation.
Mr. Hare stated his feeling that it had not been determined if the City’s current form of government was
what was desired; i.e., a full-time mayor, city manager, mayor/council, or other structure. He felt that if
the Mayor’s position were full-time, mayoral responsibilities should be delineated in writing, and this
might mean that some positions, including an Assistant City Manager or other additional or existing
positions, might be unnecessary. Mr. Hare stated that he would not be opposed to increasing the Mayor’s
pay. However, if the Mayor’s position would be strictly ceremonial, he believed that it should be a
part-time position and other responsibilities should be given to the City Manager and Assistant City
Manager, if it were desired to have a city manager form of government. Mr. Hare expressed his belief
that adding staff without knowing what type of government the City would have did not make sense,
indicating that the structure should be determined first. He stated his opinion that the recommended
salary limit that would require Council review could be increased from $75,000 - $80,000 to $100,000.
Mr. Hutchison concurred that it was way past time to look at the organization of the City, noting that
under its current structure, the City Manager reports to nine (9) members of Council and works with the
Mayor. He stated that formerly the Mayor presided over Council meetings and there were eight (8)
members of Council. Mr. Hutchison felt that Council should have nothing to do with the operation of
the City but should set policy and that the City Manager should be the chief operating officer and report
to the Mayor. He stated that when the 1988 Consent Decree was implemented, the Mayor was removed
from the Council Chambers and the position of Council President was instituted. Mr. Hutchison
indicated that, under the current structure, the Council President is the most powerful elected official in
the City, as this individual controls the Council agenda and appoints all committee chairpersons. He
stated that, although the current Council members do what they are supposed to do and have achieved
a City government that works, he felt that the City Manager should become the chief operating officer
and be allowed to run the budget and be responsible for the City, which would take politics out of
consideration. He expressed his opinion that Mr. Hare’s point was well taken and said that he looked
forward to further discussion on this matter.
Mr. Anderson expressed concern with the proposal to require Council review of senior positions. He
stated that after Council has had staff justify the position, evaluated it, put it in the budget, had the
Legislative, Finance, and Administration Committee review it, and then conducted budget hearings where
the entire Council reviewed and approved it, he did not see the value of requiring the City Manager to
come before Council again when hiring, since this matter had already been reviewed five (5) different
times.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 29
Mr. Slavin stated that Mr. Hare’s suggestion was modeled on federal and state government procedures
which require that the senior-level, highest-paid officials in government are appointed with the consent
of the legislative body.
Mr. Koenig advised members that the City’s charter states clearly that the City of Dover has a
council/manager form of government. To his knowledge, at no time in the past had the City Manager
come before Council for confirmation when hiring department heads that report to the City Manager and
this proposal would be a complete reversal and change from how the City had operated in the past. He
reminded members that the Assistant City Manager position had been discussed since December 2013
and had been reviewed in the Council Budget Workshop, budget hearings held in late May and early
June, and in the budget approval process. Staff was now in the process of interviewing and would soon
make an offer. Mr. Koenig stated that he was confused by the discussion since he had been up front
about it when it was first brought up at the Workshop. Council had expressed concern that not enough
was getting done from of the City Manager’s Office, this position was his requested remedy for the
problem, and he had progressed in that direction ever since. Mr. Koenig felt that any distinctions drawn
between positions based on salary level, whether $75,000; $80,000; $90,000; or $100,000, would be
arbitrary. In his opinion, this proposal was unnecessary.
Mr. Perza and Mrs. Williams expressed concurrence with Mr. Koenig and Mr. Anderson.
Mr. Bonar stated that a job description was needed to delineate the Mayor’s responsibilities. In his
experience, he felt that the city manager/council form of government had worked well for the City over
the last four (4) years. He stated his opinion that there was a time when the Mayor was arguably the most
powerful person in the City government and at that time the Mayor had a very powerful personality.
Mr. Bonar felt it was up to Council to set a course forward where they wished to go as a body and to
determine whether or not it was desired to continue the present system. In regard to Mr. Hutchison’s
comment that the Council President was the most powerful elected person in the room, he did not concur.
He advised members that when he became Council President and appointed committee members, he
sought those who could most easily fill those jobs, given their outside responsibilities and knowing their
interests in operations of the City. Mr. Bonar felt that this was not a question of power politics but of
selecting members with the best knowledge of the area of responsibility for the committee which they
chaired, stating that those who are selected as chairs are asked who they feel would serve well as a
civilian member, or the Council President may search out that civilian. Mr. Bonar stated that suggesting
that the Council President was the most powerful person on Council was not correct, although this
individual could become so if desired. He felt that the Council President’s job was to allow Council
members plenty of opportunity to voice concerns and opinions on the floor and facilitate the discussion
among the legislative body to allow for decisions.
In view of the fact that Dover had a city manager/council form of government, Mr. Hare felt that a
full-time mayor was not necessary. In reviewing information from the National League of Cities, he
indicated that within a range of almost 400 miles from Dover he had yet to find a city with a population
under 40,000 with a full-time mayor. Mr. Hare felt that the City was currently operating as a hybrid
government and if it were truly a city manager/council form of government, Council should be more
responsible. He indicated that the City Manager was accountable for approximately 40% of the City, but
when the other 60% has problems, Council goes to the City Manager. Mr. Hare questioned why the City
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 30
Manager should be responsible for presenting the budget for the whole City and why the Mayor was not
responsible for presenting or held accountable for the Police Department budget. He stated that he did
not have a problem with whatever government structure was decided upon but felt that a decision should
be made.
Mr. Hutchison stated his feeling that Mr. Bonar was doing a good job as Council President; however, he
reiterated his opinion that the most powerful position as an elected official of the City is Council
President; however, it is the individual who occupies this position that chooses how to manage it. In
regard to the Mayor’s position, he stated that the Mayor may put in 40-50 hours per week and attend
many Council and committee meetings that members of Council do not attend because they may have
full-time jobs and cannot be present. Mr. Hutchison stated that this is why there is a full-time Mayor who
can be present. He stated that he was very much in favor of a full-time Mayor who would preside over
Council.
Mr. Bonar stated that there is a difference between power and leadership and that the Council President
position is supposed to be about leadership.
Having previously occupied the Council President position, Mrs. Williams concurred that power was
available in the position, noting that Mr. Bonar and other Council Presidents had chosen not to use this
power, to their credit.
Mr. Hare withdrew his request for Council review of senior level positions.
Council took no action on the Committee’s recommendation that Council review senior positions with
salaries of $75,000 - $80,000 when they become vacant.
Discussion - Responsibilities and Reporting Structure for the Mayor and City
Manager and Continuation of Full-Time Status for the Position of Mayor
During the Legislative, Finance, and Administration Committee meeting of
August 25, 2014, members deferred this item for further discussion.
Councilman Hutchison stated that he felt it was important to keep in mind that the City
currently had a Council/City Manager form of government. He explained that the City
previously had a Mayor/Council/City Manager form of government, but the 1988
Consent Decree between the Central Delaware Branch of the National Association for
the Advancement of Colored People (NAACP) and the City of Dover changed this and
removed the mayor from presiding over council.
Mayor Christiansen explained that, during the mid-1980s, the NAACP and others found
that the City government and the election process in the City were not fair and equitable
to all citizens. The 1988 Consent Decree established the current form of government, did
away with dual voter registration and the election of council members by an at-large
voting pool and added a ninth council member. This was agreed upon by the parties
involved and evolved to the point where the Mayor was to become the full-time chief
executive of the City, with council as a purely legislative body presided over by a council
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 31
president. Mayor Christiansen stated that this began the march toward a truly full-time
mayor in 1997. He stated that the provisions of the Consent Decree were deemed fair
and equitable by all parties involved and led to the structure of the City’s government
today.
Noting the change in the City’s population and its diversity today, Mr. Hutchison
questioned if it would be in the City’s best interest to go back to the parties involved to
examine the Consent Decree and determine if it could be removed.
Mr. Sudler read the following statement into the record:
After listening to Mr. Holden's concerns [during the Committee meeting of
August 25, 2014] regarding accountability and clear organizational structure
for the City's modified Council-City Manager form of government. In addition
to reviewing the minutes and dialogue on the history of a full-time or part-time
mayor for the City of Dover, it is my recommendation that the committee should
support a full-time mayor's position and consider changing our current form of
government to a Mayor/Council form of government where the city manager and
chief of police would be appointed by the mayor and confirmed by City Council.
I believe that a Mayor/Council form of government will provide City Council
with the mayor's job description criteria consisting of strategic goals, objectives,
and programs to be orchestrated by the chief executive officer - approved and
appraised by City Council.
In closing, a Mayor/Council form of government will allow City Council the
opportunity to focus more on legislative rules and regulations that navigate our
community's climate, but also, will enhance the Mayor's understanding of
department's Strengths, Weaknesses, Opportunities and Threats [SWOT] that
impact the social, demographic and economic development of our great City of
Dover.
Mr. Hare stated that he had no problem with a full-time mayor; however, he felt that
Council must decide what the City’s form of government would be: a strong
Mayor/Council form of government or a city manager form of government, noting that
the City was a hybrid right now. He reminded members that a full-time mayor was
established through a vote in 1997 and expressed his belief that voters were under the
impression that there would be a strong mayor; however, the mayor’s duties were
economic development, lobbying the legislature, and public relations. Mr. Hare stated
that the City now had three (3) economic development people, which he felt was perhaps
more than Kent County or all cities combined within the County, and also a public
relations person, but was unsure if the City lobbied the legislature anymore. Mr. Hare felt
that there should be a job description for the mayor that was aligned with other positions,
rather than continuing to add positions that might not be needed. He felt that an assistant
city manager would not be needed with a full-time mayor and suggested that perhaps the
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 32
mayor should be paid more. It was Mr. Hare’s belief that a full-time mayor should do
more than “breakfast, lunch, and dinners,” and he concurred with Mr. Sudler’s
recommendation as long as these changes were made.
Mr. Hutchison stated his opinion that the City was where it needed to be at this point.
He strongly supported a Mayor/Council/City Manager form of government and indicated
that he would like to see the Committee focus in that direction. He felt that the main
issue was to review the Consent Decree and that the timing was right.
Expressing his reluctance to appear self-serving, Mayor Christiansen stated his interest
in serving the City of Dover and doing the job that needed to be done. He indicated that
he had great respect for former Mayor Hutchison and felt that the City needed to continue
to move into the future with a full-time mayor. He stated that he believed in a strong
mayor who would be in charge of the Police Department as conservator of the peace and
expressed his belief that the mayor should be chief executive of the City.
Mayor Christiansen indicated that a professional manager was needed, as most cities
have, who may be termed as managing director or administrative assistant, and that
professional departments of the City should report to that manager, who should report on
a daily basis to and work in consort with the mayor. He believed that council, presided
over by the council president, should be the legislative body of the City and in charge of
City Clerk’s Office and an independent Finance Director’s Office for checks and
balances. Mayor Christiansen felt it very important that the mayor, as chief executive
officer, maintain a veto and not participate in the legislative process, in order to protect
the City. He felt that the City had “dallied” since 1997 and not given the mayor
responsibilities to be judged and held accountable by the public. He stated that the City
was very fortunate in its history to have had two (2) full-time mayors such as former
Mayors Crawford Carroll and James Hutchison. Mayor Christiansen felt that Council
had been remiss in not assigning the mayor’s responsibilities and had an opportunity
now to do so for the betterment of the City’s future.
Mr. Anderson stated that this was a worthy idea; however, cautioned members that
radical changes in government should not be made lightly. He stated he would like to see
this matter studied, although he felt that previous studies supported Mr. Sudler’s
proposal. He indicated that he would like to start by seeking a legal opinion, as he was
not convinced that a reorganization would necessarily abolish the Consent Decree. He
expressed a desire to know how far the City could go with these changes and felt that
Mr. Hutchison had raised a very important point. If it were decided to go this route,
Mr. Anderson stated that it would be necessary to make sure that certain protections
would be in place in regard to the professional staff that the City had taken decades to
hire to make sure that council would be involved in the process of appointing a city
administrator or managing director and that the current people could not be removed
except by cause with council consent. This would be an important check and balance in
the system and, if included, he would be open to the idea.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 33
Mr. Dixon stated that he did not agree with Councilman Anderson and Mayor
Christiansen. He stated that when Mayor Hutchison was in office, things were taken care
of. He felt that it should be strongly recommended to do what needed to be done to make
the City strong and more progressive.
Mr. Hare stated that he did not have a problem with what Mayor Christiansen said;
however, if there was to be a strong mayor form of government, a strong mayor would
be needed and the mayor should preside over council. The mayor could still have veto
power and the power to break a tie. He felt that the at-large position would then be the
mayor’s position and the people would elect a strong mayor. In reference to
Mr. Anderson’s comments, Mr. Hare felt that nothing would change in terms of
personnel; those who report to council would continue to do so. He concurred with
Mr. Sudler that the police chief and city manager would be approved through council.
The departments that report to the city manager or administrator would still report to him
and if he found cause for termination, this would not have to come before council. Staff
members that were council appointees would continue to report to council.
Mr. Slavin stated that everyone had brought a lot of energy to the discussion and that the
underlying driver for the City’s existing form of government was the Consent Decree,
which was the City’s tacit acknowledgment that there had been ills in the City. There
was consent to meet those measures, and as a City, seriousness and sincerity was brought
to those efforts and the City committed to nearly 25 years of actions to support the
Decree. Mr. Slavin felt that it would be in the City’s best interest to open a polite
dialogue about the Consent Decree. He stated that a recommendation had been heard
from Mr. Sudler that was clear and concise and asked that it be considered for adoption
as Option A, noting that there may be additional options, so that a decision could
ultimately be reached.
Mr. Hutchison stated that if the City should return to a Mayor/Council/City Manager
form of government, whereby the mayor presides over council, his personal opinion was
that the mayor should vote on every issue. He indicated that there had been a problem
in terms of a clear separation of the mayor from issues. The mayor had only the power
of veto, which might be exercised only one (1) to three (3) times per year, or perhaps not
at all. Mr. Hutchison felt that the mayor should be actively involved in every discussion
and part of the voting process, which would allow the mayor to become more actively
involved in day-to-day operations of the City.
Mayor Christiansen voiced his respect for Mr. Hutchison and Mr. Hare. He explained,
however, that the mayor sits on council in the Town of Smyrna and presides over council
in the City of Milford, and these forms of government are suitable in these municipalities,
but not for Dover, which has a population of 36,000 to 38,000. He pointed out that the
growth of Dover was anticipated 25 years ago and the City continues to grow.
Mr. Christiansen indicated that Mr. Sudler had made a great point and that it was
necessary to move forward rather than stepping back into the past. He asked that
members not put his face, as the current mayor, into the position but consider what was
in the best interest for the future of the City of Dover.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 34
Mr. Sudler concurred with Mr. Hutchison that a strong mayor form of government was
needed and that this was the future of the City.
Mr. Anderson stated that when the people are voting, they are not voting on who has the
best skills to chair a meeting but on a lot of other factors. He commented that he was
aware of no large or medium-sized city where the mayor presides over council and felt
there should be a separation of powers and that the mayor should not vote, noting that
someone with the ability to vote should not also have veto power. He felt that the current
structure, whereby the mayor serves ex officio on committees and makes a number of
appointments, gives the mayor an ability to engage early in the process which makes
vetoes rare, and that it was important to maintain these provisions. He indicated that if
Mr. Sudler were willing to accept a friendly amendment that any proposal would protect
the current council-appointed employees with due process, he had no problem with
moving this matter forward for further study and legal review, starting with the Consent
Decree, to find out what the options were.
Mr. Slavin invited members of the public to comment.
Mr. Bernhard Greenfield, 901 Wilson Drive, stated that he came to Dover in
approximately 1960 with the Air Force and retired from the Air Force. He advised
members that he had seen what the City’s mayors could do, including one (1) who said
that things must be done his way and insulted people at meetings, and that a street near
Sam’s Club was named after this individual. Mr. Greenfield also explained that during
a former mayor’s service, trees on State Street uprooted the sidewalks, causing people to
fall. Mr. Greenfield advised members that he spent 21 years in the Air Force, where there
was one (1) command organization; no one on the base could do what was to be done
without asking the commander. He felt that if there were a mayor and a city manager,
there could be a problem whereby “one (1) hand doesn’t know what the other hand is
doing.” Mr. Greenfield asserted that if there were too many people working in too many
places, the work would be fragmented. He stated his opinion that Mayor Christiansen
would not “go bullheaded,” stating that he was “a fine man” who came down the street
to help people when the snow was three (3) to four (4) feet deep, and that he would do
the job.
Mr. Sudler moved that his proposal be recommended as Option A, with consideration of
Mr. Anderson’s amendment as part of the proposal, seconded by Mr. Hare.
For clarification, Mr. Slavin requested Mr. Anderson to summarize the amendment.
Responding, Mr. Anderson stated that his recommended amendment was that any
positions which currently report to council that are moved to report to the mayor would
only be removed for cause and with council approval.
Mr. Slavin stated that this would be considered as Option A which would be considered
along with any other options presented.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 35
Mr. Shevock questioned if a review or consensus regarding the Consent Decree between
the City and the other parties would be required before moving forward. Responding,
Mr. Slavin stated that he was prepared to entertain a second motion to open a dialogue
in this regard.
Mr. Hutchison felt that Option A should be examined to see if there were other things
that could be added before returning with a final version.
The Committee recommended for future consideration Option A, as follows: a full-time
mayor’s position, with consideration of changing the City’s current form of government
to a Mayor/Council form of government, where the city manager and chief of police
would be appointed by the mayor and confirmed by City Council, and that any positions
which currently report to council that are moved to report to the mayor would only be
removed for cause and with council approval.
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 (Lynn absent).
The Committee recommended that the Council President open a dialogue with the parties
to the 1988 Consent Decree.
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 (Lynn absent).
Mr. Anderson expressed his opinion that discussion was needed regarding the
organization of the City. He indicated that perhaps some functions should be placed
under the city manager, reminding members that the City previously had a senior city
administrator who dealt primarily with budgets. He suggested the possibility that the
individual in this “deputy” position might deal with budgets, Parks and Recreation, or
other functions that had been consolidated, which would free finance and other staff to
perform their responsibilities. He stated his desire for the Committee to propose that
Council hold an Executive Session some time in the future where staff, as those who deal
with City issues on a daily basis, could provide their opinions freely and off the record
regarding what should be done.
Mayor Christiansen cautioned members that Mr. Anderson’s suggestion may not be
acceptable under the Freedom of Information Act (FOIA).
Mr. Anderson expressed his opinion that personnel issues and reviews would be exempt;
however, indicated that it would be necessary to obtain a legal opinion from the City
Solicitor on this matter.
Mr. Sudler concurred with Mr. Anderson that input from administrative staff would be
valuable in this regard.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 36
Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report,
seconded by Mrs. Williams.
Responding to Mr. Perza, Mr. Koenig confirmed that he was content with the withdrawal of the request
to require Council review for the hiring of senior-level positions.
The motion to accept the Legislative, Finance, and Administration Committee Report was
unanimously carried.
FINAL READING - PROPOSED ORDINANCE #2014-21 WITH STAFF AMENDMENT #1
(SA#1)
The First Reading of the ordinance was accomplished during the Council Meeting of September 8, 2014.
Proposed Ordinance #2014-21 with Staff Amendment #1 (SA#1) Amending Chapter 46 - Fire Prevention
and Protection, Article I - In General
Mr. Hare moved that the Final Reading of the proposed ordinance be acknowledged by title only,
seconded by Mr. Anderson and unanimously carried.
Mrs. Ann Marie Townshend, Director of Planning and Community Enhancement, advised members that
this ordinance would set a standard for bollards installed to protect LP and natural gas fixtures from
impact, primarily from vehicles. She stated that at the First Reading of Proposed Ordinance #2014-21
on September 8, 2014, Mr. Perza requested that staff provide a definition for bollards. Mrs. Townshend
indicated that, in doing so, Mrs. Traci McDowell, City Clerk, determined that definitions were spread
throughout Chapter 46, which made the code very difficult to follow; therefore, the staff amendment
included a new section 46-0. Definitions, which incorporated all definitions in Chapter 46 for clarity. The
remainder of the ordinance would stay the same. Mrs. Townshend stated that the ordinance was sent to
Council during the previous week and favorable feedback was received.
Mr. Anderson moved for adoption of Staff Amendment #1, seconded by Mr. Dixon and
unanimously carried.
Mr. Slavin moved for adoption of the proposed ordinance, seconded by Mrs. Williams, and by a
unanimous roll call vote (Lynn absent), Council adopted Ordinance #2014-21, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 46 - Fire Prevention and Protection, Article I - In General, of the Dover Code be amended
by inserting a new Section 46-0 - Definitions, to read as follows:
Sec. 46-0. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 37
Automatic telephone dialing device and digital alarm communicator system means an alarm
system which automatically sends a prerecorded voice message or coded signal over regular telephone
lines, by direct connection or otherwise, indicating the existence of the emergency situation that the alarm
system is designed to detect.
Barbecuing—Commercial means the preparation and cooking of food by way of gas grill,
charcoal grill, or other apparatus used for the cooking of food by way of flame produced through wood,
charcoal, or gas for the purpose of cooking food for the sale to and/or consumption by the general public.
Barbecuing—Recreational means the preparation and cooking of food by way of gas grill,
charcoal grill, or other apparatus used for the cooking of food by way of flame produced through wood,
charcoal, or gas for the purpose of cooking food for the consumption by a family and/or guests or by the
membership of a private organization or church congregation.
Bollard means a solid post that conforms to the dimensions outlined in this section which is
constructed of concrete, steel, or other durable material approved by the Fire Marshal, cored into a hard
surface that is buried in the ground, designed to protect buildings and utilities by absorbing the impact
of a motor vehicle collision.
Code enforcement officer shall mean fire marshals, police officers, and inspectors employed by
the city.
Emergency shall mean any situation where the Dover Fire Department or any assisting fire
department is called to perform firefighting, rescue, or life saving operations within the limits of the city.
Fine means the assessment of a monetary charge, payable to the city, authorized pursuant to this
section, to defray the expenses of responding to a preventable alarm or alarm malfunction.
Fire alarm installation report means a report, in a form approved by the fire marshal, with the
following minimum information:
(1) The name, address, business and home telephone number of the owner, lessee, operator,
manager or person in possession of the premises wherein the alarm system is installed.
(2) The name, address, and telephone number of a minimum of two persons who can be notified
by the Robbins Hose Company in the event of the activation of the alarm system, who shall
be capable of responding to the premises within 30 minutes, and who are authorized to enter
the premises to ascertain the status thereof.
Fire alarm malfunction means the activation of any alarm, which results in the response of the
fire department, caused by mechanical failure, malfunction, improper installation, or lack of proper
maintenance.
Fire alarm system means any mechanical, electrical or radio-controlled device which is designed
to emit a sound or transmit a signal or message when activated or any such device which emits a sound
and transmits a signal or message when activated because of smoke, heat or fire. Without limiting the
generality of the foregoing, the term "fire alarm system" shall be deemed to include audible alarms at the
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 38
site of the installation of the detection device, proprietor alarms and automatic telephone direct dial
devices or digital alarm communicator systems. A single station alarm device shall not be deemed to be
an alarm system under this section.
Fire alarm technician means any person who inspects, installs, repairs or performs maintenance
on fire alarm systems and is licensed by the state or works under a state licensed alarm contractor.
Fire protection system shall include any electronic or mechanical system designed and installed
to detect and alert, suppress, or seal off smoke and fire from the occupants of a building.
Impact protection means any bollards, walls, concrete barriers or other devices, subject to the
approval of the fire marshal, used to stop vehicles or equipment in motion.
Impairment means any effective lessening of the equipment to operate as designed, including
times of maintenance and annual testing.
Means of egress means the most current edition of the National Fire Prevention Association Life
Safety Code shall be used to determine the definition of the term "means of egress."
Open burning means the burning of materials wherein products of combustion are emitted
directly into the ambient air without passing through a stack or chimney from an enclosed chamber.
Operative alarm system means an alarm system which the owner of a premises is required to
maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of the state or
the city.
Outdoor fireplace means any homemade or commercially produced fireplace, fire pit, or fire ring
used for the kindling of wood.
Owner means any person who owns the premises in which an alarm system is installed or the
person or persons who lease, operate, occupy or manage the premises.
Premises means any building or structure, or combination of buildings and structures, which serve
as dwelling units, single-family or multifamily, or any other area within a building or structure, or
combination thereof, which is used for any purpose, other than residential, wherein an alarm system is
installed.
Preventable alarm means the activation of any alarm, which results in the response of the fire
department, caused by the negligence or intentional misuse of the system by the owner or his/her
employees, servants or agents; or any other activation not caused by heat, smoke or fire, exclusive of a
"fire alarm malfunction" as defined in this section. An alarm is not considered a preventable alarm if the
alarm is activated due to malicious causes beyond the control of the owner.
Serve means hand-delivery, by a representative of either the fire department or police department,
to the owner or authorized representative who responded to the premises. In the event the owner or
authorized representative fails to respond to the premises within 30 minutes, the term "serve" shall mean
placing the form or other matter in the United States mail, addressed to the owner or authorized
representative.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 39
Single-station alarm device means an assembly incorporating the detector, control equipment and
alarm-sounding device in one unit, operated from a power supply either in the unit, or obtained at the
point of installation.
BE IT FURTHER ORDAINED:
That Chapter 46 - Fire Prevention and Protection, Article I - In General, Section 46-1 - Means of Egress,
of the Dover Code be amended to read as follows:
Sec. 46-1. Means of egress.
(a) Obstructions. The means of egress for an occupancy shall be kept continuously free of all
obstructions or impediments to full instant use in case of fire or emergency.
(b) Exit doors. All required exit doors shall be unlocked and under the control of the occupants
within the building or area. This subsection is to include fenced-in outdoor events.
(c) Duty of owner, manager. It shall be the responsibility of the owner, manager, principal or
any other person responsible for the day-to-day operations of the occupancy to ensure that
exits are unobstructed and unlocked prior to the opening of the occupancy to the general
public.
(d) Merchandise in exits. In mercantile occupancies, merchandise is prohibited from being
displayed in any required exit access, exit, or exit discharge. Merchandise may be displayed
in the exit access, exit, or exit discharge of mercantile occupancies that have submitted a
written plan for the display of such merchandise and the plan has been reviewed and
approved by the fire marshal's office.
(e) Penalties. If any exit access, exit, or exit discharge, with the exception of a locked exit
door, is found to be in violation of this section, a summons shall be issued as provided for
in Appendix F—Fees and Fines. Any required exit door found to be locked against egress
shall be in violation of this section and a summons shall be issued for each locked exit as
provided for in Appendix F—Fees and Fines.
BE IT FURTHER ORDAINED:
That Chapter 46 - Fire Prevention and Protection, Article I - In General, Section 46-3 - Impairment of Fire
Protection Equipment, of the Dover Code be amended to read as follows:
Sec. 46-3. Impairment of fire protection equipment.
(a) Prohibited. It shall be a violation of this chapter for any owner, renter, lessor, or contractor,
after having been notified, in writing, by the fire marshal or code enforcement officer of any
impairment to fire protection equipment, including but not limited to fire hydrants, fire
alarm systems, sprinkler systems, commercial cooking ventilation and fire suppression
systems, standpipes, and smoke removal or pressurization systems, to allow it to remain
impaired for any time beyond that allowed by the fire marshal for repair.
(b) Impairment of fire protection systems. All fire protection systems, devices, units, and
service equipment shall be maintained in an operational condition at all times, and it shall
be unlawful for any person owning, controlling, or otherwise having charge of any fire
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 40
protection system to willfully or knowingly tamper with or impair the system from
operating as designed without proper approval. An approval form may be obtained from
the fire marshal's office. Approvals will not be required for temporary impairments caused
by periodic testing and inspection. Any impairment which will render the system
non-operational or out of service for more than eight hours for testing and inspection
purposes must be approved prior to the start of work.
(c) Notification required. The owner, tenant, or contractor shall notify the Robbins Hose
Company of any impaired fire protection equipment, and shall renotify the Robbins Hose
Company when the fire protection equipment has been restored to normal service.
Certification from the repairing contractor shall be required to verify that the system has
been fixed and is functioning as designed.
(d) Fire watch required. When any impairment would cause a sprinkler system not to operate
or a fire alarm system not to detect and signal a fire, and if the building is to remain
occupied, a fire watch shall be established in that building or that portion of a building
affected. It shall be the responsibility of the owner or tenant to set up the fire watch. The
fire watch shall consist of an hourly check of the building or portion of the building
affected, and a log kept, there stating the date, time of the checks, and who was making the
checks. This log shall be accessible for immediate inspection by the fire chief, fire marshal,
or code enforcement officer.
(e) Authority of fire marshal. The fire marshal or his/her designee is authorized to close any
such building or property where fire protection equipment is found to be impaired or
non-operational to ensure the life safety of the occupants.
(f) Fines. Any owner, occupant, contractor or body corporate found to be in violation of this
section shall be issued a summons as provided for in Appendix F—Fees and Fines.
BE IT FURTHER ORDAINED:
That Chapter 46 - Fire Prevention and Protection, Article I - In General, Section 46-4 - Impact Protection
of Natural Gas and LP Gas Devices, of the Dover Code be amended to read as follows:
Sec. 46-4. Impact protection of natural gas and LP gas devices.
All natural gas and LP gas installations shall be installed per adopted NFPA and International codes, with
the following amendments:
(a) When required. The installation of natural gas and LP gas meters, regulators, valves, and
LP gas bottles shall be protected from impact damage by impact protection. Natural gas and
LP gas meters, regulators, and valves located inside structures shall have impact protection,
except when located in separate protected utility rooms. The Fire Marshal and/or Chief
Building Inspector shall reserve the right to apply this section whenever it is deemed
necessary to provide impact protection to address a life or fire hazard.
(b) Dimensions of Bollards. Bollards shall be a minimum of 6 inch diameter filled with
concrete. The bollard shall be set into the ground at a depth of at least 36 inches (3ft)
embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards
must be a least 48 inches (4ft) in height above the finish grade elevation. Any deviation of
the stated requirements must be approved by the Fire Marshal and/or Chief Building
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 41
Inspector. The above dimensions shall serve as the requirement for installation; however
the Fire Marshal and/or Chief Building Inspector shall have the authority to require more
stringent dimensions to fit the needs of devices warranting impact protection.
(c) Color of Bollards. Bollards should be of the following colors; yellow, amber or orange. All
colors shall be of fluorescent or have a reflective coating. Any deviation of the stated
requirements must be approved by the Fire Marshal and/Chief Building Inspector.
(d) Responsibility. It shall be the responsibility of the property owner and/or contractor for the
new installation to ensure that natural gas and LP gas meters, regulators, and valves are
protected in accordance with these regulations.
(e) Compliance period. All new construction projects shall comply with the provisions of this
section. All existing multiple dwellings, schools, nursing homes, hospitals, and day care
centers shall be protected in accordance with this section. All other existing structures shall
be protected when deemed a life or fire hazard by the fire marshal.
(f) Exemptions. Single-family homes, including townhouses, duplexes, and manufactured
housing, except where natural gas and LP gas devices are located directly in front of
head-in parking spaces and driveways, and where the fire marshal deems that impact
protection is not necessary, shall be exempt from this section.
BE IT FURTHER ORDAINED:
That Chapter 46 - Fire Prevention and Protection, Article I - In General, Section 46-5 - Open Burning,
of the Dover Code be amended to read as follows:
Sec. 46-5. Open burning.
(a) Permit required. Open burning of structures, brush, or bonfires shall not be permitted
without a permit obtained from the fire marshal.
(b) Fire dimensions. Open burning, when permitted, shall be kindled in such a manner as not
to be a danger to other campers, recreational vehicles, tents, or structures and shall not be
of a size greater than 18 inches by 18 inches by 18 inches. Height of the fire shall be
measured from the ground or from the bottom of the inside of the container being used to
kindle the fire. Open burning shall not be kindled directly on the ground unless contained
in a fire ring.
(c) Fire clearances and time restrictions. Outdoor fireplaces shall have 36 inches clearance
from all combustibles when in use. Portable fireplaces, fire pits, or fire rings shall be
extinguished in a residential area between the hours of 12:00 midnight and 8:00 a.m.
(d) Commercial barbecuing. Commercial barbecuing shall be permitted under the following
conditions:
(1) The location has been approved by city licensing and inspections and the fire marshal
and an outdoor public gathering permit has been obtained.
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 42
(2) One fire extinguisher of not less than five pounds ABC is to be located within ten
feet of the cooking area. Cooking area and cooking fuels shall be secured from public
access.
(3) Approval from the board of public health has been obtained.
(4) The operator shall make all reasonable attempts to avoid causing a nuisance to nearby
property owners with smoke, fumes, or sparks.
(5) All compressed flammable gas containers used for cooking shall be secured in such
a way as to prevent them from being knocked, tipped, or blown over.
Any commercial barbecuing operations which are a continual nuisance because of smoke,
fumes, or sparks shall be terminated by the code official or fire marshal and the outdoor public
gathering permit revoked until such time as the director of licensing and inspections is satisfied
that the problem has been corrected.
Barbecuing of any kind shall not be kindled within 200 feet of any fuel pump or storage
tank fill. Cooking grease shall not be disposed of by placing it directly on the ground or in storm
water drains.
(e) Prohibited.
(1) Multifamily residential dwelling units. In apartment buildings, condominiums, or any
other multifamily residential dwelling of three or more units by any other name, the
storage of propane tanks inside units or on balconies is prohibited. Recreational
barbecuing shall be prohibited on any balcony or under any overhanging portion or
within 15 feet of any structure, except that the use of electrical ranges or electrical
grills shall be permitted. The use of outdoor fireplaces on balconies is prohibited.
(2) Unattended burning. It shall be prohibited for open burning, commercial barbecuing,
and outdoor fireplaces to be unattended at any time. In the event that any open
burning, commercial barbecuing, or outdoor fireplaces are found to be unattended,
the fire marshal, code official, fire officer, or police shall order the open burning
extinguished.
(f) Fines. Any owner, occupant, contractor, or body corporate found to be in violation of this
section shall be issued a summons as provided for in Appendix F—Fees and Fines.
(g) Authority of the fire marshal. The fire marshal is authorized to impose a ban on open
burning if weather conditions do not safely permit open burning. The fire marshal or fire
officer shall order any fire extinguished that is deemed unsafe or not in compliance with
this section of the Dover Code.
BE IT FURTHER ORDAINED:
That Chapter 46 - Fire Prevention and Protection, Article I - In General, Section 46-7 - Preventable and
malfunctioning alarms to the fire company, of the Dover Code be amended to read as follows:
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 43
Sec. 46-7. Preventable and malfunctioning alarms to the fire company.
(a) Responsibility for malfunctioning and preventable alarms, owner response, and corrective
action.
(1) Generally. The responsibility for a preventable or malfunctioning alarm shall be that
of the owner of the premises in which the fire alarm system is installed. A response
to a preventable or malfunctioning alarm shall result when any fire marshal or
member of the fire department shall be dispatched to the premises where the alarm
has been activated or learns of the activation of the alarm system, by any means
whatsoever, and responds thereto by traveling to that premises. After responding to
a malfunctioning or preventable alarm, the responding official shall notify the owner
or his/her authorized representative and such person shall thereupon travel to the
premises to ascertain the status thereof. Should the person notified fail to appear at
said premises within 30 minutes after being notified to do so, the fire marshal may
issue the owner of the premises a fine as provided for in Appendix F—Fees and
Fines. The official or member of the fire department who responded to said premises
shall notify the fire marshal's office.
(2) Malfunction. In the event of a fire alarm deemed by the responding official to be the
result of a fire alarm malfunction, the owner will be served a notice of violation form,
indicating that the activation was deemed to be the result of a fire alarm malfunction,
and requiring the owner to provide documentation that the fire alarm component that
caused the fire alarm malfunction has been corrected, to the satisfaction of the fire
marshal, and that the fire alarm system in question has actually been examined by a
fire alarm technician and that a bona fide attempt has been made to identify and
correct any defect of design, installation or operation of the fire alarm system which
was identifiable as the cause of the fire alarm malfunction. Failure to return
documentation of service/repair within the period of time stated on the notice of
violation, which is satisfactory to the fire marshal, will result in assessment against
the owner of a fine for the fire alarm malfunction as provided for in Appendix
F—Fees and Fines.
(b) Fine charges; multiple fire alarm malfunctions or preventable alarms.
(1) Amount of fine. A fine may be assessed for the third and subsequent malfunctioning
or preventable alarms at the same premises responded to by the fire department
within the prior 12-month period. Thereafter, the fines, as provided for in Appendix
F—Fees and Fines, shall be paid by the owner for each preventable or malfunctioning
fire alarm responded to by the fire department at the same premises during a
12-month period beginning with the date of the first alarm.
(2) Panel reset. Once a preventable alarm or fire alarm malfunction has been responded
to by the fire department, it shall be unlawful for the alarm panel to be reset by any
person until the authorization of the fire department has been obtained. A fine as
provided for in Appendix F—Fees and Fines may be assessed to the owner of a
premises where the fire alarm has been reset before the fire department or assisting
fire department arrives.
(3) Insufficient alarms. When any premises are protected by a fire alarm system that, in
the opinion of the fire marshal or his/her deputy(ies), will not safely alarm the
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CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 44
occupants of a fire, the fire marshal or his/her deputy(ies) may close said building,
or a portion of said building, to human occupancy until the problem with the fire
alarm is corrected and a written report from a licensed fire alarm company is
submitted to the fire marshal.
BE IT FURTHER ORDAINED:
That Chapter 46 - Fire Prevention and Protection, Article I - In General, Section 46-8 - Maintaining a
known violation or hazard, of the Dover Code be amended to read as follows:
Sec. 46-8. Maintaining a known violation or hazard.
(a) Known violation or hazard. Any person is guilty of maintaining a known violation or
hazard if:
(1) After having been informed in writing by a code enforcement officer of a violation
of the fire code, property maintenance code, a city ordinance, or state law existing on
property he or she owns or occupies, he or she fails to correct the said violation;
(2) He or she prevents a fire protection system from functioning as designed;
(3) He or she knows that a fire protection system will not function as designed and takes
no action to repair the fire protection system;
(4) He or she interferes with any occupant's egress from a building;
(5) He or she knows of an obstruction that would interfere with any occupant's egress
form a building and takes no action to remove the obstruction;
(6) He or she engages in any act, written or verbal, within city limits that obstructs,
delays, hinders or interferes with the operations of the fire department during an
emergency.
(b) Penalties.
(1) Any fines issued for violation of this section shall be issued as provided for in
Appendix F—Fees and Fines.
(2) Occupancies that continue to maintain a known violation or hazard may be closed by
the code enforcement officer until such time as all violations and hazards have been
corrected.
ADOPTED: SEPTEMBER 22, 2014
COUNCIL MEMBERS’ ANNOUNCEMENTS
At Councilman Lynn’s request, Mr. Slavin extended Mr. Lynn’s apologies for not being present as he
was attending a funeral.
Mr. Bonar wished Mrs. Williams a very Happy Birthday.
Mr. Hare moved for adjournment, seconded by Mr. Dixon and unanimously carried.
Page 45
CITY COUNCIL MEETING OF SEPTEMBER 22, 2014 PAGE 45
Meeting adjourned at 8:52 p.m.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
September 22, 2014, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
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