Page 1
REGULAR COUNCIL MEETING
AGENDA
JULY 24, 2017 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER, DELAWARE
OPEN FORUM - 30 MINUTES PRIOR TO OFFICIAL MEETING (7:00 P.M.)
THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC
TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF
ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN
FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN
COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION
SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR
AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE.
INVOCATION BY CHAPLAIN WALLACE DIXON
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN LEWIS
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON-
CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) AND WILL BE ACTED UPON BY A SINGLE
ROLL CALL VOTE OF THE COUNCIL. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS A MEMBER OF COUNCIL SO REQUESTS, IN WHICH EVENT THE MATTER SHALL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE ITEM.
* 1. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 26, 2017
2. PRESENTATIONS
A. LUTHERAN SENIOR SERVICES OF DOVER, INC. - PAYMENT-IN-LIEU OF TAXES (PILOT)
B. CERTIFICATE OF CONGRATULATIONS - DOVER HIGH SCHOOL BOYS TRACK AND FIELD
TEAM
C. COMIC CON
* 3. DOVER HUMAN RELATIONS COMMISSION WORKSHOP REPORT - MAY 25, 2017
A. WELCOME - EXPLANATION OF PURPOSE OF WORKSHOP (HENDERSON)
B. DHRC AUTHORITY AND HOLDING OF MEETINGS (NICHOLAS RODRIGUEZ, CITY
SOLICITOR)
C. REVIEW OF DHRC STRATEGIC PLAN 2015-2018 LONG-TERM OBJECTIVES AND
DEVELOPMENT OF WORK PLANS
D. PUBLIC COMMENT
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COUNCIL AGENDA - JULY 24, 2017 PAGE 2
* 4. COUNCIL COMMITTEE OF THE WHOLE REPORT - JUNE 27, 2017
A. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
(1) ALTERNATIVE TO SPEED BUMPS - ANN AVENUE (SUDLER)
(COMMITTEE RECOMMENDED A) INSTALLING A TRAFFIC ENFORCEMENT SIGN ON
ANN AVENUE; B) INSTALLING STRICTLY ENFORCED SPEED LIMIT SIGNS ON ANN
AVENUE; AND C) PERFORMING A TRAFFIC STUDY ON WALKER ROAD AND ANN
AVENUE INDICATING THE TIMING OF THE LIGHTS AND THE COUNT, DATE, AND
TIME OF TRAFFIC FLOW)
(2) NOISE COMPLAINTS - MUFFLERS AND CAR RADIOS (LEWIS AND GARFINKEL)
(COMMITTEE RECOMMENDED THAT CHIEF MAILEY RESEARCH A REASONABLE
DECIBEL INDICATOR THAT WOULD BE PROFICIENT IN PROSECUTING AN
AFFIRMATIVE OFFENSE CHARGE FOR EXCESSIVE NOISE, IN ACCORDANCE WITH NOT
ONLY THE U.S. CODE FOR THE STATE OF DELAWARE BUT ALSO REASONABLE IN
REGARD TO THE HEARING WHICH THEY CURRENTLY USE FOR THE CITY OF DOVER)
B. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
(1) CLARIFICATION - REQUEST FOR INCENTIVES - NAIL SPA BY TR
(COMMITTEE RECOMMENDED ACCEPTANCE OF STAFF’S RECOMMENDATION TO
LOOK FOR ANOTHER INCENTIVE THAT WOULD WORK BETTER AND BE MORE
EFFECTIVE, IF COUNCIL WANTED TO INCENTIVIZE SMALLER, COMMERCIAL
BUSINESSES AT SOME POINT, RATHER THAN TRYING TO AMEND THE CURRENT
ORDINANCE TO MAKE IT FIT SOMETHING THAT IT WAS NOT INTENDED FOR)
(2) ORGANIZATIONAL RECOMMENDATIONS - DAVID S. HUGG III, ACTING DIRECTOR
OF PLANNING AND COMMUNITY DEVELOPMENT
(COMMITTEE RECOMMENDED ACCEPTANCE OF THE REPORT)
(3) PROPOSED ORDINANCE #2017-09 AMENDING CHAPTER 2 - ADMINISTRATION,
ARTICLE IV - OFFICERS AND EMPLOYEES, DIVISION 1 - GENERALLY, SECTION
2-201 - COMPENSATION AND EXPENSES FOR MAYOR, COUNCIL, EMPLOYEES AND
OTHER ELECTED OR APPOINTED OFFICIALS
(COMMITTEE RECOMMENDED ADOPTION OF PROPOSED ORDINANCE #2017-09)
(SEE ITEM #14-A)
* 5. MONTHLY REPORTS - MAY 2017
A. CITY ASSESSOR’S REPORT
B. CITY MANAGER’S REPORT
C. CITY PLANNER’S REPORT
D. CONTROLLER/TREASURER’S BUDGET REPORT
E. FIRE CHIEF’S REPORT
F. POLICE CHIEF’S REPORT
* 6. QUARTERLY REVENUE REPORT
7. REPLACEMENT OF ENGINE 7
(STAFF RECOMMENDS APPROVAL OF THE PURCHASE OF ENGINE 7)
8. MODIFICATION TO CONSULTING CONTRACT
9. SUPPORT LETTERS TO FORGOTTEN CATS
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COUNCIL AGENDA - JULY 24, 2017 PAGE 3
10. EVALUATION OF BIDS
A. SILVER LAKE DAM IMPROVEMENTS
(STAFF RECOMMENDS AWARDING THE CONTRACT TO GUARDIAN ENVIRONMENTAL FOR
THE CITY OF DOVER SILVER LAKE DAM IMPROVEMENTS PROJECT, BID #17-0037PW,
FOR THE AMOUNT OF $265,400)
B. LINCOLN STREET GRAVITY SEWER REPAIR
(STAFF RECOMMENDS AWARDING THE CONTRACT TO GATEWAY CONSTRUCTION FOR THE
CITY OF DOVER LINCOLN STREET GRAVITY SEWER REPAIR, BID #17-0040PW, FOR THE
AMOUNT OF $27,200)
* 11. APPOINTMENTS/REAPPOINTMENTS
A. RECOMMENDED BY COUNCIL PRESIDENT SLAVIN
(1) HUMAN RELATIONS COMMISSION - JONATHAN OFFREDO - FOURTH DISTRICT
REPRESENTATIVE - THREE-YEAR TERM TO EXPIRE FEBRUARY 2020 (TO FILL THE
EXPIRED TERM OF KENNETH ROACH)
B. RECOMMENDED BY MAYOR CHRISTIANSEN
(1) BOARD OF ADJUSTMENT - ARTHUR G. ERICSON - THREE-YEAR TERM TO EXPIRE
JULY 2020 (REAPPOINTMENT)
(2) CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS -
ADAM M. PERZA, REPRESENTATIVE OF HOMEOWNERS - ONE-YEAR TERM TO
EXPIRE MAY 29, 2018 (REAPPOINTMENT)
* 12. 2017/18 ANNUAL APPOINTMENTS (DEFERRED DURING THE ANNUAL MEETING OF
MAY 8, 2017)
A. APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
(1) DOWNTOWN DOVER PARTNERSHIP BOARD OF DIRECTORS
(2) SILVER LAKE COMMISSION
13. REZONING REQUESTS - FIRST READINGS OF PROPOSED ORDINANCES
THE FIRST READING IS OFFERED ON THE FOLLOWING PROPOSED ORDINANCES. THEY ARE
RECOMMENDED FOR REFERRAL TO THE PLANNING COMMISSION FOR A PUBLIC HEARING ON
AUGUST 21, 2017 AND THAT A PUBLIC HEARING BEFORE CITY COUNCIL BE SET FOR
SEPTEMBER 11, 2017 AT 7:30 P.M., AT WHICH TIME THE FINAL READINGS AND COUNCIL ACTION
WILL TAKE PLACE. THE ORDINANCES ARE AVAILABLE AT THE ENTRANCE OF THE COUNCIL
CHAMBERS, ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR
BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR CITYCLERK@DOVER.DE.US.
A. #2017-10 - PROPERTY LOCATED AT 826 FOREST STREET, CONSISTING OF 0.5+/- ACRES,
OWNED BY SARAH E. JONES. THE PROPERTY IS CURRENTLY ZONED RG-1 (GENERAL
RESIDENCE), SUBJECT TO COZ-1 (CORRIDOR OVERLAY ZONE) AND THE PROPOSED
ZONING IS C-1A (LIMITED COMMERCIAL), SUBJECT TO COZ-1 (CORRIDOR OVERLAY
ZONE)
(TAX PARCEL: ED-05-076.12-01-16.00-000, FOURTH COUNCIL DISTRICT; PLANNING
REFERENCE: Z-17-04)
B. #2017-11 - PROPERTY LOCATED AT 870-872 FOREST STREET, CONSISTING OF
0.7473+/- ACRES (32,552+/- S.F.), OWNED BY BENNIE SMITH REAL ESTATE, LLC.
THE PROPERTY IS CURRENTLY ZONED C-1A (LIMITED COMMERCIAL), SUBJECT TO
COZ-1 (CORRIDOR OVERLAY ZONE) AND THE PROPOSED ZONING IS IO
(INSTITUTIONAL AND OFFICE), SUBJECT TO COZ-1 (CORRIDOR OVERLAY ZONE)
(TAX PARCEL: ED-05-076.12-01-08.00-000, FOURTH COUNCIL DISTRICT; PLANNING
REFERENCE: Z-17-05)
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COUNCIL AGENDA - JULY 24, 2017 PAGE 4
14. FIRST READING - PROPOSED ORDINANCE #2017-09
THE FIRST READING IS OFFERED ON PROPOSED ORDINANCE #2017-09. FINAL ACTION BY
COUNCIL WILL TAKE PLACE DURING THE SECOND READING OF THE ORDINANCES ON
AUGUST 14, 2017. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL
CHAMBERS, ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT,"
OR BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR CITYCLERK@DOVER.DE.US.
A. PROPOSED ORDINANCE #2017-09 AMENDING CHAPTER 2 - ADMINISTRATION,
ARTICLE IV - OFFICERS AND EMPLOYEES, DIVISION 1 - GENERALLY, SECTION
2-201 - COMPENSATION AND EXPENSES FOR MAYOR, COUNCIL, EMPLOYEES AND
OTHER ELECTED OR APPOINTED OFFICIALS
(LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
15. ACTING CITY MANAGER’S ANNOUNCEMENTS
16. COUNCIL MEMBERS’ ANNOUNCEMENTS
17. ADJOURNMENT
EXECUTIVE SESSION PURSUANT TO:
29 DEL. C. §10004(B)(2) - PRELIMINARY DISCUSSIONS ON SITE ACQUISITIONS FOR ANY PUBLICLY FUNDED CAPITAL
IMPROVEMENTS, OR SALES OR LEASES OF REAL PROPERTY;
29 DEL. C. §10004(B)(4) - STRATEGY SESSIONS, INCLUDING THOSE INVOLVING LEGAL ADVICE OR OPINION FROM AN
ATTORNEY-AT-LAW, WITH RESPECT TO COLLECTIVE BARGAINING OR PENDING OR POTENTIAL LITIGATION, BUT ONLY
WHEN AN OPEN MEETING WOULD HAVE AN ADVERSE EFFECT ON THE BARGAINING OR LITIGATION POSITION OF THE
PUBLIC BODY;
29 DEL. C. §10004(B)(6) - DISCUSSION OF THE CONTENT OF DOCUMENTS, EXCLUDED FROM THE DEFINITION OF
"PUBLIC RECORD" IN §10002 OF THIS TITLE WHERE SUCH DISCUSSION MAY DISCLOSE THE CONTENTS OF SUCH
DOCUMENTS;
29 DEL. C. §10004(B)(9) - PERSONNEL MATTERS IN WHICH THE NAMES, COMPETENCY AND ABILITIES OF INDIVIDUAL
EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT SUCH A MEETING BE OPEN
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-AGENDAS\2017\07-24-2017 COUNCIL AGENDA.WPD
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2),
THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING
EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.
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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on June 26, 2017 at 7:36 p.m. with Council President Slavin
presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole,
Mr. Polce, Mr. Hare, and Mr. Lindell.
Staff members present were Police Chief Mailey, Mrs. Mitchell, Mr. Hugg, Fire Chief Carey, City
Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present (departed at
7:37 p.m.).
OPEN FORUM
The Open Forum was held at 7:00 p.m., prior to commencement of the Official Council Meeting.
Council President Slavin declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Mr. Jamie Grubbs stated that the homeless need a place to live and it would be nice to get them off
of the streets, where it is not safe. He also noted that there is nowhere for the homeless to eat.
Mr. Steven French suggested allowing the homeless to live at the former library until they get
something better. He noted that winter is coming and it will be too cold out there for them.
Mr. Christopher L. Jones thanked members for the opportunity to speak and stated that the problem
of homelessness is at disproportionate levels and will get worse without proper care from the City
and the community. He noted that if it were not for Victory Church and what they do to help the less
fortunate, he did not know where he would be. Mr. Jones advised that he recently became homeless
after being kicked on the street by the Veterans Affairs in Wilmington and, before then, he did not
realize how hard some people have it. He stated that he has tried to get help from every organization
in Dover and the State. Mr. Jones noted that Miss Kathy took him to the pharmacy and paid for his
medications out of her own pocket. He stated that, with the City of Dover's help and with Victory
Church, this epidemic can be turned around to make this community a better and more loving place
for everyone.
Mr. Eric Abernathy stated that there were two (2) veterans, Mr. Jones and Mr. Lawson, in the
audience and they were having trouble getting assistance. He noted that both men have been coming
to Victory Church and the church is doing what it can to help them so they get lunch every day and
a hot meal at night. Mr. Abernathy stated that they are a poor church so there is not much more they
can do. He noted that the other issue was the homeless tent city that was recently cut up by the
property owner. Mr. Abernathy noted that he had heard that the owner had State officials with them.
He advised that this was the third incident of tents being destroyed that he knew of. Mr. Abernathy
also advised that many homeless people used to hang out at the library and now they have taken
away the seating area and turned it into a passport area. He stated that they also took out the
television in the back of the library where they were hanging out. Mr. Abernathy stated that he felt
that something needs to be done, not yesterday, not tomorrow, but today.
Ms. Alexis Simms advised that she had been coming to testify for the homeless for a whole year.
She stated that whoever cut those tents down destroyed peoples personal property and that is a
charge. She noted that these people cannot afford a one bedroom for $850.
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 2
Ms. Jasmine Boggs advised that, within the past year, she had lost her son because of being
homeless. She stated that, over the past five (5) years, she had been homeless off and on. Ms. Boggs
advised that two (2) people in attendance had helped her during the past year with legal matters and
with her son. She noted that being homeless does not make you a bad person, no matter what other
people think about you. Ms. Boggs advised that her son, who was born on August 3rd, died on
November 9th because she was homeless with him. She stated that she had also had several
miscarriages because she was homeless and if she had a place to live, her children would still be
living.
Mr. Brandon Ricks advised that he gave up his place to live 18 or 19 months ago because he allowed
homeless people to come stay with him. Mr. Ricks stated that he has had two (2) heart attacks and
a stroke in the last six (6) months and every time he goes to the hospital, it is a shame because
nobody cares about them. He noted that it is the other homeless people that actually come and check
on you to make sure you are alright. Mr. Ricks advised that, as his wife previously stated, they lost
their son in November and since then, anytime that people have needed help, every time he gets paid,
he spends $400 a week at a hotel so that people are able to have a place to eat and take showers. He
noted that he cannot afford his heart pills because he makes sure people eat on a daily basis.
Mr. Ricks advised that he has given up everything he had to help people. He stated that he moved
to Dover four (4) years ago from Virginia and he tries to help as many people as he can.
Mr. Swann Twitty stated that they are making it hard for homeless people to get jobs, especially the
ones that have charges. He stated that it is not fair for them to be homeless without a job and they
have to go apply somewhere and they get turned down because of what they did 10-20 years ago.
Mr. Richard Lawson advised that he is homeless and has been in Dover for 64 days. He noted that
for the first nine (9) days, he stayed at Red Roof Inn, and for 22 days he was at Kent General
Hospital where he was diagnosed with a heart condition, a bad set of lungs, and diabetes.
Mr. Lawson stated that for the last 33 or 34 days, he has been on the street. He advised that Victory
Church and the outreach center lent a hand to help him the best that they could to try to keep a good
frame of mind to not give up on things. Mr. Lawson stated that when he was discharged from the
hospital, he met with several social workers, both interior and exterior, along with case workers, his
chief doctor, and VA reps. He advised that he was supposed to be released into an environment for
home healthcare, noting that he is supposed to be on 20 medications a day, four inhalers, a CPAP
machine, and a nebulizer. Mr. Lawson noted that he is currently only able to manage nine
medications, he cannot use his machine, and he only has two (2) of the inhalers because he had
nowhere in the woods to plug a nebulizer in. He advised that he has exhausted every resource that
he could find and asked when the City would decide that it is going to step up and do something to
improve conditions for the homeless.
Mr. James Bierman stated that this was his first time attending to advocate for the homeless. He
advised that he was 77 years old and, for over 50 years, he was in the construction business, 25 of
which were in Dover and surrounding areas. Mr. Bierman advised that he has worked as a carpenter,
a foreman, and a superintendent for some major construction companies, including Kent
Construction. He noted that he has noticed empty buildings and the library is empty now.
Mr. Bierman stated that these empty places could be renovated for a moderate price and made into
an adequate dwelling for some of these people that are homeless.
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 3
Mr. James Plaisted advised that he was getting ready to be pinned for medical assistant and indicated
that if there were a Kent County clinic for the homeless, he would assist in any way he could.
Mr. Ed Dougherty, 25 Lotus Street, stated that he would promote anything that the City of Dover
could do with regard to the closing of the Schwartz Center. He noted that he took a bike ride around
the City that day and there are excellent facilities and opportunities here. Mr. Dougherty requested
members to do what they could for the Schwartz Center to keep the downtown alive.
Mr. Slavin announced that on Wednesday, June 28, 2017 at 6:00 p.m. in the City Council Chambers,
the Mayor would be holding a meeting with the Blue Ribbon Commission on homelessness and they
will be releasing and discussing their findings. He also noted that the Mayor has offered to meet
with the veterans who spoke after the Open Forum, noting that the Mayor has made great efforts
statewide to cure homelessness for veterans and he knows where the resources are.
The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Anderson and unanimously
carried.
Mr. Neil requested that item #3-A-1 - Council Committee of the Whole/Parks, Recreation, and
Community Enhancement Committee Report - Recommendations from Community Meeting of
May 25, 2017 be removed from the Consent Agenda.
Mr. Anderson requested that item #2-C - Board of Assessment Appeals Exemption Report - May
31, 2017 - Norfolk Southern Railway be removed from the Consent Agenda.
Mr. Lewis moved for approval of the Consent Agenda, as amended, seconded by Mr. Neil and
carried by a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING - BUDGET REVIEW OF
MAY 30, 2017
The Minutes of the Special Council Meeting - Budget Review of May 30, 2017 were
unanimously approved by motion of Mr. Lewis, seconded by Mr. Neil and bore the written
approval of Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 12, 2017
The Minutes of the Regular Council Meeting of June 12, 2017 were unanimously approved by
motion of Mr. Lewis, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF JUNE 13, 2017
The Minutes of the Special Council Meeting of June 13, 2017 were unanimously approved by
motion of Mr. Lewis, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 4
BOARD OF ASSESSMENT APPEALS EXEMPTION REPORT -
MAY 31, 2017
The Board of Assessment Appeals met on May 31, 2017 with Chairman Garfinkel
presiding.
EXEMPTIONS
Central Delaware Habitat for Humanity
Locations: Exempt Request:
325 N New St. $13,600
22 N New St. $70,900
BACKGROUND AND ANALYSIS
An exemption request for the above referenced properties was submitted to the
Assessor’s Office.
The property located at 22 N New St. currently has a dwelling.
Once these properties are complete and the ownership is transferred, the properties
will be added back to the tax rolls. (As a supplemental billing)
RECOMMENDED ACTION: Recommend that the request for exemption be
reviewed.
Mr. Simpson, Executive Director, was present for the hearing.
Mr. Simpson informed the board that the organization is utilizing these properties to
help improve the status of difficult neighborhoods and help those in need. He went
on by explaining that the home on 22 N New Street will be demolished and that
325 N New Street is already a vacant lot, that the organization will be building new
homes on both of these lots for low income families.
Chairman Garfinkel asked who the lien holders for these homes are. Mr. Simpson
told the board that Habitat for Humanity becomes the lien holder and explained that
the organization receives funding from various sources such as charitable donations
or grant money. The home owner then pays the interest fee loan back to the
organization over a 30-year period.
When asked what the timeline for the rebuilding of the properties would be,
Mr. Simpson said that thy are on a three-year plan, meaning that the property located
at 22 N New Street would get done first since it is located within an area that is
currently being rebuilt by the organization. Mr. Simpson explained that the
organization finds that it makes a difference if they rebuild as many homes in one
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 5
area as they can, which is why he believed that the property located at 22 N New
Street should be worked on first.
Chairman Garfinkel asked what would happen to the properties if the new owner
fails to pay the mortgages. Mr. Simpson told the board that if the owners fail to pay
the mortgage they would follow the same path any homeowner would who does not
pay their mortgage.
Mr. Galvin asked if the new homeowner was able to sell the home after they
purchased it. Mr. Simpson told the board that the owner has the right to sell the
home, but also explained that the mortgage of the home is based on the actual
materials bought and not what the home could be appraised for making it a lot more
affordable. Should the owner decide to sell the home before the 30 years are up, they
would have to pay what the home would have appraised for and not what the actual
cost was. He also told the board that these homes are only built for low income
families, who know that they are fortunate to have been given the opportunity to own
a home and pay less in monthly mortgage fees, for a single family home, than they
did when they rented an apartment.
Mr. Kelly asked about the selection of homeowners. Mr. Simpson replied by
explaining to the board that that part of the program has been the most challenging,
due to the company that handled the selection, letting the board know, that the
organization recently hired somebody that works for the organization, which will in
the future make the selection faster. He mentioned that the homeowners have to help
build their homes, the homes are not just handed to them, they also have to go to
credit and mortgage counseling.
Mr. Galvin made the motion to exempt both properties until they are sold to the new
owner. Mr. Kelly seconded the motion. Motion carried 3-0.
Mrs. Bundek informed the appellant, that the City Council has the final decision and
that a certified letter with the date of the Council Hearing would be mailed.
By consent agenda, Mr. Lewis moved for approval of the Board’s recommendation, seconded
by Mr. Neil and carried by a unanimous roll call vote.
NCALL
Locations: Exempt Requests:
231 N Queen St. $13,800
101 S Queen St. $13,400
106 S New St. $13,100
110 S New St. $11,600
112-114 S New St. $ 8,600
108 S New St. $10,700
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 6
NCALL (Continued)
212 N Governors Ave. $10,800
14 S Queen St. $12,000
18 S Queen St. $12,000
245 N West St. $13,500
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
RECOMMENDED ACTION: Recommend that the request for exemption be
reviewed.
These properties are currently vacant land; to be built for a low-income family to
provide an affordable mortgage. Once these properties are complete and the
ownership is transferred, they will be added back to the tax rolls. (As a supplemental
billing)
Karen Speakman, Deputy Director, was present for the hearing.
Ms. Speakman told the board that their organization is very much like the “Habitat
for Humanity”, which is building and selling homes to low income families.
She informed the board that the properties located at 231 N Queen Street and
212 N Governors Avenue have just been sold and can be taken off of the list of
exempt request properties.
Chairman Garfinkel asked if these homes are also sold at 0% interest, same as the
Habitat?
Ms. Speakman told the board that NCALL sells the properties at market value. She
explained that a home that would sell for $200,000, the organization would sell for
approximately $165,000 to a low income family. The difference would be paid by
different funds and grants the organization receives. She also mentioned that the
homes are located within an abatement area, which gives the new homeowner a
5-year window of reduced property taxes.
Mr. Galvin, asked if the new owner could turn around and sell the property as soon
as they purchased it, and was told by Ms. Speakman that the homeowner is required
to live in the home for 5-10 years depending on the grant restriction they have.
Chairman Garfinkel asked what would happen if the new owner fails to pay the
mortgage. Ms. Speakman explained that once the home is sold the owner pays the
bank who holds the mortgage and if they fail to pay the mortgage the bank would
repossess the property.
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 7
Mr. Kelly made the motion to accept the exempt request for the 8 properties until
they are sold. Mr. Galvin seconded the motion. Motion carried 3-0.
Mrs. Bundek informed the appellant, that the City Council has the final decision and
that a certified letter with the date of the Council Hearing would be mailed.
By consent agenda, Mr. Lewis moved for approval of the Board’s recommendation, seconded
by Mr. Neil and carried by a unanimous roll call vote.
Norfolk Southern Railway
Location: Exempt Request:
S West St. $50,700
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
This property was preliminarily denied because more information was needed. It has
been placed back on taxable status pending this hearing and Council’s final vote in
June 2017. Right of Way & Roadbeds
RECOMMENDED ACTION: Recommend that the request for exemption be
reviewed.
Mr. Quam, Manager for State Taxes was present for the hearing.
The Assessor started the hearing by explaining that this request is part of the 2016
Exemption Audit. At one of the meeting the Board requested the organization to
come to a hearing scheduled for April 26,2017, which they failed to do, therefore
placing the property back on the tax roll.
Mr. Quam told the board that he is not from this area and had not seen this property
until the night before the hearing. He asked if any of the board members knew how
long the platform had been on the property.
Mr. Bundek told him that according to the information the office had, the “truck
well” had been there since 1960.
Mr. Quam told the board that this property became exempt with the county in 2010.
He explained that at that time the organization was not aware that the City would not
have to adopt the counties status.
He explained that spaces like this vacant piece of land are often necessary for
offloading and storing equipment and materials needed for maintenance along the
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 8
railroad. He told the board that this property falls within the allowed 50 feet of right
of way.
Mr. Kelly made the motion to accept the exempt request, which was seconded by
Mr. Galvin. Motion carried 3-0.
Mrs. Bundek informed the appellant, that the City Council has the final decision and
that a certified letter with the date of the Council Hearing would be mailed.
Mrs. Cheryl Bundek, City Assessor, advised that the Norfolk Southern Railway property on
South West Street is a public open space, or right-of-way, that is owned by the railroad tracks. She
noted that the improvement is a truck welding bin.
Responding to Mr. Anderson, Mrs. Bundek advised that Norfolk Southern was still the official
owner of record, noting that they had not received a deed change.
Mr. Anderson asked why the improvement was not taxed. Mrs. Bundek advised that the
improvement, to her knowledge, was an unattached truck bed that could be removed and, therefore,
was not considered a real estate improvement. She noted that the property itself would be tax
exempt per 8108 of the State Code.
Mr. Hare noted that he had a constituent call about the Walker Road crossing and asked who was
responsible for maintaining the railroad crossings. Mrs. Bundek responded that she thought it would
be the railroad company’s responsibility and that she would call their contact from the exemption
request and ask them. Mr. Polce advised that he spoke with the Secretary of Transportation and it
is a joint partnership between the Department of Transportation and the railroad company. He noted
that the specific intersection that Mr. Hare referenced, Walker Road, is scheduled for maintenance
this summer.
Mr. Neil moved for approval of the Board’s recommendation, seconded by Mr. Lewis and
carried with Mr. Anderson voting no.
Dover Housing Authority
Locations: Exempt Requests:
402 S New St. $40,000
13 S New St. $10,700
BACKGROUND AND ANALYSIS
An exemption request was submitted to the Assessor’s Office.
This property was preliminarily denied because more information was needed.
It has been placed back on taxable status pending this hearing and Council’s final
vote in June 2017.
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RECOMMENDED ACTION: Recommend that the request for exemption be
reviewed.
Mr. Mincey, Executive Director was present for the hearing.
The Assessor showed the board aerial pictures of the properties, letting them know
that they were both vacant pieces of land.
The board suggested that the organization have the lot lines for 402 S New Street
erased, as that parcel is not a buildable lot and seems to be part of 426 S New Street.
Mr. Mincey told the board that the organization is trying to sell 13 S New Street, but
has not been successful in doing so.
Mr. Galvin suggested to get in touch with Habitat for Humanity or NCALL regarding
this property.
Chairman Garfinkel asked if the organization was holding this property by way of
investment?
Mr. Mincey explained that the organization is looking to sell the property but not for
a profit.
He told the board that the organization has sold properties to both NCALL and the
Habitat for Humanity in the past few years.
Mr. Kelly wanted to know why the organization purchased the property and was told
by Mr. Mincey that the organization was part of Senator Carpers “Home Owners
Initiative” and were trying to revitalize that part of the City, but have not been able
to so with the current situation in that area.
Mr. Kelly asked if the organization owns more properties within the City of Dover
which are also exempt. The Assessor told Mr. Kelly all the other properties within
City of Dover city limits, owned by this organization, are tax exempt.
Mr. Galvin made the motion to grant the exempt request for 402 S New Street with
the recommendation to have the lot lines removed. Mr. Kelly seconded the motion.
Motion carried 3-0.
Mr. Kelly asked Mr. Mincey if he knew of a property Dover Housing Authority sold
to another non-profit organization such as NCALL or Habitat for Humanity?
Mr. Mincey told the board that the property located at 245 N West Street was just
purchased by his organization for $20,000 and was just sold to NCALL for $15,000.
Mr. Kelly wanted to make sure that the organization is not looking to make a profit
on the property and would sell to any buyer who would be willing to build on the
property for any offer.
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 10
Mr. Kelly told the board that he would be inclined to grant the exemption as the
organization is not an investment corporation, but is working for the greater good of
the city such as Habitat for Humanity and NCALL.
After further discussion, Mr. Kelly made the motion to accept the exempt request
with the recommendation to reach out to NCALL and Central DE Habitat for
Humanity regarding the property located at 13 S New Street to get the property in
line with the purpose of the organization. Mr. Galvin seconded the motion. Motion
carried 3-0.
Mrs. Bundek informed the appellant, that the City Council has the final decision and
that a certified letter with the date of the Council Hearing would be mailed.
By consent agenda, Mr. Lewis moved for approval of the Board’s recommendation, seconded
by Mr. Neil and carried by a unanimous roll call vote.
Mr. Anderson moved for acceptance of the Board of Assessment Appeals Exemption Report,
seconded by Mr. Neil and unanimously carried.
COUNCIL COMMITTEE OF THE WHOLE REPORT - JUNE 13, 2017
The Council Committee of the Whole met on June 13, 2017 at 6:00 p.m., with
Council President Slavin (departed at 6:54 p.m. and returned at 6:56 p.m.) presiding.
Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Polce, and Mr. Lindell (departed at 7:14 p.m. and returned at 7:17 p.m.). Mr. Cole and
Mr. Hare were absent. Mayor Christiansen (departed at 6:34 p.m. and returned at 7:05 p.m.)
was also present. Civilian members present for their Committee meetings were
Mr. Caldwell (Parks, Recreation, and Community Enhancement), and Mr. Shevock
and Dr. Stewart (Legislative, Finance, and Administration). Mrs. Horsey (Parks,
Recreation, and Community Enhancement) was absent.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairman Sudler presiding.
Recommendations from Community Meeting of May 25, 2017
Mr. David Hugg, Acting Director of Planning and Community Development,
estimated that there were more than 30 people in attendance at the community
meeting of May 25, 2017. He stated that a lot of positive input was received from
residents in the general area, as well as commitment to get involved in finding
solutions for Dover Park. Mr. Hugg noted that there was also some discussion of
Continental Park. He advised that recommendations included improving
maintenance, addressing the general condition of some of the equipment and the
pavement, and trying to find activities and create reasons for people to go to the park
and participate in activities there. Mr. Hugg indicated that he advised meeting
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 11
participants that the City had submitted grant applications to the State for both a
Master Plan and Phase 1, which would identify what kind of facility or building may
be needed at Dover Park. He stated that it would not be known until the fall if these
funds would be granted; however, the City would be in the funding queue, and he
thought master planning would move forward quickly. Mr. Hugg explained that
Mr. Sudler had led a walk-through of Dover Park on Saturday, May 27, 2017 and
identified a number of issues. He noted that some of the local residents were
involved in the walk-through, which was a good sign that people wanted to take back
ownership of the park and make it serve their needs. Mr. Hugg advised that staff had
a subsequent meeting to discuss the next steps, such as looking into what would be
required to provide electricity to the pavilions, possible sponsorships for park
benches and playground equipment, and fundraisers. He stated that a community
event with games and activities was scheduled to be held at Dover Park on
July 22, 2017. Mr. Hugg indicated that there had been significant progress regarding
this park.
Mr. Sudler explained that the event on July 22, 2017 would be a community
fundraiser for Dover Park and Continental Park, with half of the proceeds going to
each of the parks. He informed members that there would be a “rib-off” contest, as
well as other activities, from 7:00 a.m. to 7:00 p.m.
In regard to Continental Park, Mr. Hugg advised that a community workshop would
be held on June 22, 2017 at 6:00 p.m. at the park site, or in the Dover Public Library
in the event of rain. He explained that the purpose of the workshop was to get people
to come out and talk about the parks, discuss what they would like to see at
Continental Park, and develop a path forward.
Mrs. Donna Mitchell, Acting City Manager, stated that the Public Works Department
had gone to Dover Park following the May 25, 2017 meeting and worked on many
of the issues, including repainting the checkerboard tables. She noted that $80,000
had been earmarked in the Parkland Reserve Fund for Dover Park. She stated that
$50,000 was included in the current budget and would carry forward into next year
for the Dover Park Master Plan.
Mr. Sudler asked Mrs. Mitchell how she felt the community meeting went, and how
the City would get in contact with Representative Andria Bennett in regard to her
proposal to provide funding from the State Legislature. In response, Mrs. Mitchell
stated that as soon as the City has identified and developed a project, Representative
Bennett could be contacted through email regarding funding. Mrs. Mitchell indicated
that she thought the meeting went very well, with a lot of conversation and
participation, and the walk-through at the park was also very well attended.
Mr. Anderson stated that Kent County Levy Court Commissioners had offered to
help match funding for Continental Park. He indicated that Kent County has a
$600,000 source of funding in a park fund. Mr. Anderson advised that the City of
Dover had a robust Park Reserve Fund at one time, and the Pitts Center was
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completed using $3M in cash. He noted that the City currently had no funding
mechanism for park reserves and asked what other communities were using as
funding sources for their park reserves. Mr. Anderson indicated that he did not need
this information immediately but would like to have it within a month’s time.
Responding, Mrs. Mitchell stated that she would look into that, noting that some of
the $3M used to build the Pitts Center was received through donations and
contributions; however, a lot of funding came from carry-forward balances in the
General Fund that were moved to the Reserve Fund to build the Center.
Mr. Anderson noted that the City’s unfunded liabilities were now a huge problem,
which was a definite priority for the carry-forward.
Responding to Mr. Neil, Mrs. Mitchell explained that money from fundraisers could
be placed into the Parkland Reserve Fund, and there was no problem with the City
accepting money for that purpose.
Ms. Frances Thomas, a resident, stated that there was a nice turnout for the walk-
through; however, a lot of the members of the panel who attended the community
meeting were not present, and she and others wondered why they were not there to
represent the community in the area. She advised that many things could be done at
Dover Park, noting that she was not familiar with Continental Park. Ms. Thomas
indicated that many people had grown up with Dover Park and questioned why it was
not being built up more, noting that Dover is the capital of the First State. She stated
that it was a waste that soccer, basketball, softball, and tennis activities were not
being held there. Ms. Thomas stated that the park was located in an area of poverty
and help was needed with interactive activities for children, who should not have to
go all the way to Schutte Park. She noted that some parents do not have vehicles and
there are transportation issues. Ms. Thomas indicated that she was glad that meetings
were being held to discuss this; however, more needed to be done.
Mayor Christiansen stated that a number of people had been vocal when the Dover
Park building was taken down, and a promise was made that this side of the
community would not be forgotten. He advised that he thought that there was still
a commitment, if the funding was available, to eventually rebuild Dover Park to what
it was before, noting that he had used it himself when he lived on Willis Road.
Mayor Christiansen indicated that he had never agreed with the strategy to move
everything to Schutte Park, he did not think that the rest of the members of Council
had, and they were committed to making sure that Dover Park would return as a
viable entity on the east side of the City.
Mr. Sudler reviewed a presentation entitled “Dover Park & Recreational Center’s
Status Report - Dialogue Presentation for Master Plan!”, which he stated was
presented during the May 25, 2017 community meeting.
Ms. Rozalyn Chandler, Manchester Square, advised that she was interested in helping
on this project, had participated in the walk-through, and had not known the park was
so big. She indicated that she was upset because some of those who stated that they
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would come to the walk-through had not attended. Ms. Chandler stated that she had
made a list of projects that could be done with children; however, no one had
contacted her about it. She stated that some of the projects on her list were
inexpensive and asked that someone contact her about them. Ms. Chandler stated
that the more that could be done with the children, the fewer the problems would be
in the community. She expressed concern about safety at her home, noting that she
had called the police at 2:00 a.m. about drug interactions taking place at her front
window, and there had also been people shooting at each other and running through
her yard to the park to get away from police. Ms. Chandler advised that the City and
the Dover Housing Authority should come together to do something about these
problems. She indicated that she is living alone in fear and resides near the gate
looking into Dover Park. Ms. Chandler asked for help before the summer begins,
noting that she was unsure that the Dover Housing Authority would help.
Mr. Sudler noted that Councilman Neil was present and may be able to assist
Ms. Chandler. He suggested that she obtain the contact information for the Third
District City Councilmen for follow-up. Mayor Christiansen invited Ms. Chandler
to the hall to discuss this matter further. Mr. Sudler advised that Council was aware
of some of the issues taking place with the Dover Housing Authority, and
Mayor Christiansen was working diligently to rectify them.
Mr. Lindell informed members that he recalled going to the Dover Park office
previously while attending Wesley College as a student, and there had been problems
with vandalism at that time. He noted that Ms. Chandler had spoken eloquently on
this subject. Mr. Lindell stated that a beautiful park could be built at Dover Park;
however, there must be a comprehensive plan or the City would be throwing money
at fixing up a park that the City would continually have to rebuild. Mr. Lindell stated
the need for a plan to deal with the other issues, along with the new park.
Responding to Mr. Sudler, Mr. Lindell stated that he was referring to safety and drug
issues, noting that 42% of the individuals surveyed cited the issue of safety. He
questioned the sense of having a nice park if people were afraid to leave their homes
or go to the park.
Responding to Mr. Neil, Mr. Sudler confirmed that Ms. Chandler resided in Dover
Housing Authority housing. Mr. Neil advised that Mr. Sudler had been addressing
problems with the Dover Housing Authority, and Mr. Neil had supported this. He
stated that putting up the park would not resolve the massive problems related to the
Dover Housing Authority, people who are looking for housing, and homeless people
who are asking for the same kind of help. Mr. Neil indicated that safety in the
community is the most important thing that the City can provide and that the park
would not suddenly turn those who are running around with guns into nice citizens
who will play competitive games. Mr. Neil advised that a comprehensive plan was
needed for the entire City that fits parks within the overall program.
Mr. Sudler expressed his belief that Ms. Chandler was trying to convey that there is
a correlation between drug, safety, and youth issues and the lack of something for
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youth to do, and the park or new recreational facility could help to deter those issues.
He noted that no one has the answer; however, something has to be put in motion.
Mr. Anderson indicated that he liked the idea of developing a master plan, noting that
this plan would deal with safety and security because nothing else would work
without security. He suggested starting with establishing security, which is vital;
however, he stated that once this is established, there must be positive alternatives
to fill the time. Mr. Anderson thanked Mr. Sudler for the work he had done on this
matter, especially the community meeting and the walk-through, noting that he had
been unable to attend the walk-through due to his work schedule. He stated that he
was also impressed by the work staff had done to start moving in the right direction.
Mr. Anderson informed members that the broken windows theory states that when
things are kept up, the likelihood of vandalism decreases; however, neglect sends a
message that a location can be a haven for bad activity because no one is watching.
He indicated that upkeep, security cameras, and other measures to get security on the
ground would help everything, noting that the Dover Housing Authority would also
have to do its part since they are a major part of the issue.
Mr. Slavin advised that he was not surprised by the current status of Dover Park,
expressing his opinion that a path of benign neglect began approximately five (5)
years ago through decisions made at the staff level at that time, and not by Council.
He explained that those decisions led to a decision about demolishing the building.
Mr. Slavin stated that several members of Council at that time, including him,
Representative Sean Lynn, who was a Councilman at that time, and Mr. Anderson
had requested that the demolition of the building not be allowed until there was
money to build something new, or the result would be a vacant lot.
Mr. Slavin asked Mr. Hugg to look into the concept of pop-up parks, where parks are
taken to locations instead of building infrastructure, or while waiting for
infrastructure to be built. He stated that the National Council on Agricultural Life
and Labor Research (NCALL) had closed a portion of New Street for an evening last
year to create a pop-up park. Mr. Slavin noted that a previous speaker had mentioned
the need for things for kids to do at Manchester Square, and this program would be
a perfect application for that. He explained that the activity would occupy a four-
hour or six-hour window, and staff could obtain donations or he could help. He
stated that this model had been used with some success, and Dr. Chanda Jackson,
NCALL, had put this activity together.
Mr. Neil stated the need to work with the Capital School District, which has safe
buildings and areas, many with gymnasiums and facilities that would be immediately
available for activities. He indicated that the Police Athletic League (PAL) should
be extended. Mr. Neil stated that the sooner the youth become excited about healthy
sports and games that get them away from TVs, smart phones, and computers, the
better off everyone would be. He noted that parents must become involved and help
to lead this effort. Mr. Neil indicated that Towne Point/White Oak meetings are held
in a school by special permission, and games and activities could also be held there.
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 15
He stated that nothing would have to be created specifically within the park now and
outdoor activities could be transferred there. Mr. Neil indicated that part of the
master plan should include determining if schools can be utilized and what the cost
would be.
As a recent member of the Capital District School Board, Mr. Lindell noted that one
(1) of the issues would be the costs of the building, such as running the air
conditioning in the summer. He offered to reach out to the District, if Chairman
Sudler desired. Mr. Sudler requested that Mr. Lindell contact the District to see if
they could provide research, finances, or other assistance. Mr. Lindell indicated that
he could inquire about their buildings, as well as programs that the Capital School
District may have over the summer compared to what the City has in mind.
Responding to Mr. Sudler, Mr. Hugg stated that the Parks and Recreation, and
Planning Staff had taken to heart the commitment to address the issues being
discussed. He indicated that the focus of the City’s park activities had been at
Schutte Park and in facilities related to the Pitts Center; however, there had been
discussion about activities that could be transposed or duplicated and offered on an
ad-hoc basis. Mr. Hugg advised that some activities, such as Frisbee football, could
be relocated to the Dover Park without spending a great deal of money, noting that
there were facilities already at the park in many cases. He advised that there had
been discussion about trying to find outside mentors or coaches to run a tennis clinic
at Dover Park for a couple of hours and expressed the desire to bring opportunities
to the park that would not put a burden on staff.
Mr. Sudler stated that some of the activities that were requested were currently being
provided; however, he suggested that there may be a need for additional advertising
and outreach to make this known. He also indicated that there may be a need to
provide transportation to the site if this is an issue. Responding, Mr. Hugg stated his
belief that there was an opportunity for a fresh start. He indicated that there was not
much programming at other parks because staff was wrapped up in the day-to-day
activities and no one had asked or thought about it. Mr. Hugg noted that some
programs could easily be offered at alternative locations, and it would just be a matter
of deciding to do it. He indicated that there was a real opportunity to get people
involved and provide additional resources and activities that the City had not been
able to provide in the past.
Mr. Lewis stated that earlier in the day he had provided Mr. Hugg with an email from
the Delaware League of Local Governments (DLLG) regarding park and recreation
grant opportunities. He noted that “Meet Me at the Park” play space grants could
help to provide and purchase play equipment and park structures. Mr. Lewis advised
that the application deadline for this opportunity was June 23, 2017. Mr. Hugg
indicated that staff was working on this grant and would apply. In addition, he stated
that a grant proposal had been submitted to develop some of the detailed cost
estimates for Phase 1 at Schutte Park. Mr. Hugg advised that if the City was going
to commit to doing a parks program, this should be done right, which would take
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 16
some work; however, staff members were eager for the opportunity to demonstrate
that activities and better uses could be brought to the City’s facilities.
Mr. Lewis noted that there were grant opportunities through the National Recreation
and Park Association and it was just a matter of applying. Mr. Hugg indicated that
there are numerous grants, including a Lowe’s grant for park development, and the
City must commit to submitting applications.
Mr. Neil stated the need for publicity and suggested using electric bills to spread the
word about events, as well as issuing news releases and talking to the newspaper
about developing features. He advised that information about activities could also
be distributed through the school system. Mr. Neil stated the importance of publicity,
explaining that people are not participating because they do not know that events
exist.
Mr. Lewis concurred with Mr. Neil, noting that the Police Athletic League (PAL) and
the Green Beret Program at the former Boys and Girls Club were good programs that
were not being publicized. He explained that the Green Beret Program is a camp for
kids that offers rigorous training through the coordination of law enforcement
agencies, including the Federal Bureau of Investigation (FBI), Dover Police
Department, and Delaware Department of Corrections. Mr. Lewis stated that PAL
is an up and coming program that would be happy to accept donations because they
do not have a facility and are using Central Middle School for basketball.
Mrs. Sharon Duca, Public Work Director, reviewed a memorandum dated
June 13, 2017, entitled “Dover Park Update from the Department of Public Works
(DPW) to the Parks, Recreation and Community Enhancement Committee,” noting
that 13 items had been identified. She advised that some of the items had been on
staff’s agenda, explaining that members of the mowing crew and a litter staff member
go through the park on a regular basis. Mrs. Duca noted that staff had started repairs
and staining work on the pavilion, and they hoped to complete both pavilions within
the next few weeks. She indicated that, for the most part, staff was able to repair
picnic tables in-house, and they were working on that. Mrs. Duca noted that staff
was also redoing the checkerboard tables, with one (1) remaining to be completed.
She stated that the seating around these tables must be modified since even a small
child would have difficulty sitting at them. Mrs. Duca advised that the shuffleboard
and hopscotch area had been cleaned, and staff was awaiting direction regarding a
replacement selection for that location.
Mrs. Duca noted that the fence along the eastern property was of particular concern
and had been assessed by the Grounds Crew, and work on the fence began earlier in
the week. She explained that many of the trees that had fallen along this property
line were from the Manchester Square side, so staff worked with that group in order
to do the work. Mrs. Duca indicated that the desired end result for the park would
determine whether some vegetation should remain on the property line. She advised
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that pulling down all the vines would cause an issue with the fencing, and there
would be a need to look at that expense further.
Mrs. Duca noted that the Grounds Crew and Streets Division would be repainting the
gate at the entrance to the main drive, and had received offers from volunteer groups
to assist in that area. Referring to the Storm Drain System Investigation, she advised
members that the Streets Division had been aware of some of the storm drains;
however, they were not properly located in Municipal Separate Storm Sewer System
(MS4) documentation. Mrs. Duca indicated that this investigation would help the
City with its permit obligations and noted the probable need to video the lines and
put appropriate controls in place to keep the City out of violation.
In response to Mr. Sudler, Mrs. Duca explained that a checkerboard table had been
redone by Mr. Jeff Kucek, Building Maintenance Craftsperson II, Public Works
Department. She stated that she had initially hoped that staff could clean and work
on the tables; however, Mr. Kucek refinished the table and reapplied the
checkerboard. She indicated that this did not take an excessive amount of time
because of Mr. Kucek’s skill set, and it was something he wanted to do to make the
area presentable. Mrs. Duca provided a photograph of the refinished checkerboard
table at Dover Park.
Mr. Lindell advised that he took his daughter to Silver Lake Park last week and
observed graffiti on one (1) of the signs listing playground rules. Responding,
Mrs. Duca stated that staff would look into this matter.
Mr. Sudler thanked Mrs. Duca for staff’s hard work. He advised members that, as
the City moves forward with repairing and upgrading all of the parks, there would
likely be a need for additional staff, explaining that the Director must have the proper
staff in order to be successful. He noted that this may require a tax increase, which
had been discussed in a meeting this week and would also be included in a survey.
Mr. Caldwell expressed his hope that the ideas presented during the meeting would
be accomplished, noting that the older children in his neighborhood play basketball
at William Henry Middle School, but the younger children play in the streets because
they have nowhere else to go and do not have their own activities. He informed
members that there had been shootings in his neighborhood, it is dangerous, and the
problems in Manchester Square and around Dover Park exist all over the City, not
just in one (1) community. Mr. Caldwell asked members to move forward with the
good ideas that had been presented, including advertisement and publication to let
people know about the activities that are available. He stated that schools would be
closing for the summer, it would be hot, and there would be energy for undesirable
activities in the community. Mr. Caldwell asked that something be done beyond the
discussion in the Council Chambers. In response to Mr. Sudler, Mr. Caldwell
advised that he lives in the Westwood area, which is connected to Lincoln Park. He
reiterated that his community had the same activities and problems that others were
going through, such as shootings, crime, drinking, and motorcycle activity.
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Mr. Anderson suggested developing volunteer opportunities, investigating
AmeriCorps, and taking advantage of programs such as the Retired Senior Volunteer
Program (RSVP).
The Committee recommended acceptance of the recommendations of the community
meeting of May 25, 2017.
Councilman Sudler, Chair of the Parks, Recreation, and Community Enhancement Committee,
advised that there were a lot of recommendations, which they are currently compiling for a future
meeting.
Mr. Neil complimented Councilman Sudler for the walk through and the work he has done. He
expressed concern with moving forward before making a decision about the Parks and Recreation
Department. Mr. Neil reminded members that the Acting Director of Planning and Community
Development, Mr. Dave Hugg, has made a number of recommendations with a number of options.
He also noted that money has not been set aside in the budget for a Director of Recreation. Mr. Neil
stated that he would like to delay or table discussion of the parks.
Responding to Mr. Sudler, Mr. Hugg stated that he understood Councilman Neil’s concerns and
noted that it was incumbent upon members of Council to decide which way they want to go with
Parks and Recreation in terms of a director or a manager. Mr. Hugg stated that he thought there was
a great opportunity to make some significant park improvements. He advised members that they
recently received an official letter advising them that they had $30,000 in State matching money for
the Dover Park Master Plan, and $70,000 in City matching money to begin the improvements at
Schutte Park. Mr. Hugg stated that the funding, coupled with the significant and very positive
community input they received at Continental Park, indicate that their constituents want them to take
some actions to address the park system and to bring them back to the quality that they were. He
suggested that a lot could be done just by prioritizing some of the staff, noting that the City has a
very dedicated Parks and Recreation Department. Mr. Hugg stated that he would hate to see the
momentum that Councilman Sudler has built be slowed down by other considerations.
Responding to Mr. Sudler, Mrs. Donna Mitchell, Acting City Manager, stated that $80,000 was
earmarked for an unspecified purpose for Dover Park. She noted that she agreed with Mr. Hugg’s
comment about the momentum that has been built and indicated that there had been a lot of public
discourse and public participation about the parks. Mrs. Mitchell stated that she would like to see
improvements made within the confines of the budget, even if it means that they might not be able
to be aggressive when they start out with a plan. She noted that the matching funds will go a long
way towards helping them.
Mr. Lewis asked Mr. Hugg how many grants had been applied for with respect to assisting in
revamping Parks and Recreation. Responding, Mr. Hugg advised that they had applied for three (3)
and had received notice that they were eligible to apply formally for two (2). He noted that, on
Friday, they submitted a grant for a KidZone Trail project that is funded by the National Recreation
and Parks Association and Disney. Mr. Hugg advised that they applied for $50,000 to match other
monies for development of an innovative program and facility for young kids at Dover Park and he
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thought they had a very good application. He complimented Carolyn Courtney of the Parks and
Recreation Department who put most of the application together.
Mr. Neil advised that, based on the comments of the Acting Planning and Community Development
Director and the Acting City Manager, he would withdraw his concerns.
Mr. Anderson moved for approval of the Committee’s recommendation, seconded by Mr. Neil
and unanimously carried.
Update - Bicentennial Village - Continental Park
During the Regular City Council Meeting of April 10, 2017, members approved the
Council Committee of the Whole/Parks, Recreation, and Community Enhancement
Committee’s recommendation to refer the matter regarding Request for Benches -
Continental Park to the Parks and Recreation Department to look at creating a
playground.
Mr. David Hugg, Acting Director of Planning and Community Development,
informed members that a number of discussions had been held with residents of the
Bicentennial Village area, in part regarding a request for benches along Independence
Boulevard. He explained that Continental Park is a triangular-shaped park
approximately halfway through the development that is mostly wooded with some
grassy fields, and an additional location had been identified to the east in the center
of Bicentennial Village that may offer an opportunity for active playground areas.
Mr. Hugg stated that there had been discussions with people who had expressed
interest in the park, and a community workshop on this topic would be held on
June 22, 2017 at 6:00 p.m. at the park site or in the Dover Public Library in the event
of rain. He explained that a key question would be whether the grassy area should
be used as a passive play area for children with parental supervision or have more
active kinds of facilities.
Mr. Hugg indicated that the grassy area was very well maintained by the Public
Works Department and is very attractive. He stated that the woodland area had a lot
of invasive species and undergrowth and was not being managed well as a woodland,
although it did provide a great deal of wooded cover for the part of the development
backing up to it.
Mr. Neil stated his recollection that there had been young mothers who were excited
about a possible playground for younger children at Continental Park, and he wanted
to make sure that this message was not bypassed. Mr. Hugg advised that this had
been stated during the community meeting related to Dover Park on May 25, 2017.
He stated that there was a question regarding whether Continental Park was a safe
location for a playground or if there was a more contained location owned by the City
with less traffic that may lend itself to a more active park use. Mr. Hugg advised that
Continental Park is a nice, placid area with the potential for the addition of benches
or a table or two (2), so that individuals could sit and read or watch their children
play on the grass. He expressed his hope that the community would come out to
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 20
discuss their needs and the focus would not be on a particular proposal or
transportation solution.
Mr. Sudler reviewed the “City of Dover’s Park and Recreational Enhancement
Committee Chair’s Assessment & Recommendations for Continental Park,” dated
June 8, 2017. He stated that Continental Park was very well maintained and
impressive. He indicated that, as the Committee Chair, he plans to go to all the parks
and take pictures so that he has a better understanding of the strengths, weaknesses,
opportunities, and threats for each park as the City moves forward to upgrade them.
Mr. Lewis thanked Mr. Sudler for doing the walk-through and evaluating City parks,
stating that it is important that the public is protected from safety issues. He noted
that broken bottles had been found, and it would be a travesty if a child was hurt.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Council President
Slavin presiding in the absence of Chairman Hare.
Clarification - Request for Incentives - Nail Spa by TR
Mr. Slavin stated that this item had been brought forward a number of times. He
stated that Chairman Hare was particularly interested in this matter and, since he was
not present, suggested that it be deferred.
The Committee deferred this item.
Discussion - Fiscal Year 2017 Audit Program
Ms. Lori Peddicord, Assistant Controller/Treasurer, reviewed a presentation entitled
“Auditor’s Responsibility for Communicating with Audit Committee.” She noted
that the auditors, CliftonLarsonAllen, LLP would be doing preliminary testing in the
field during the entire week of June 26, 2017. She advised that between this date and
September 2017, when the auditors do their final field work, the Finance Department
would be closing the books, reconciling accounts, and completing various reporting
requirements.
The Committee recommended acceptance of the audit program, as recommended by
staff.
By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote.
Mr. Lewis moved for acceptance of the Council Committee of the Whole Report, seconded by
Mr. Sudler and unanimously carried.
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 21
RESOLUTION NO. 2017-08 APPROVING THE 2017 COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) ACTION PLAN
By consent agenda, Mr. Lewis moved for adoption of the proposed resolution, seconded by
Mr. Neil and, by a unanimous roll call vote, Council adopted Resolution No. 2017-08, as
follows:
A RESOLUTION APPROVING THE 2017 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) ACTION PLAN
WHEREAS, the City of Dover is entitled to $230,289 through the United States Department of
Housing and Urban Development Community Development Block Grant program; and
WHEREAS, the City of Dover has prepared the 2017 Action Plan, in accordance with the United
States Department of Housing and Urban Development guidelines, that serve as the primary planning
document for identifying and meeting the housing and community development needs for the low
and moderate-income residents of Dover; and
WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant
funds for the community development purposes in accordance with the National Community
Development objectives of benefiting low and moderate income families, eliminating slums and
blight, and meeting other community development objectives; and
WHEREAS, the United States Department of Housing and Urban Development requires the City
of Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance
including the proposed use of funds and including certain certifications and policies to obtain its
$230,289 entitlement; for eligible activities; and
NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE
CITY OF DOVER APPROVE THE 2017 Community Development Block Grant Action Plan and
application for Federal Assistance included in the Action Plan, along with certifications and policies
attached and authorize its forwarding to the United States Department of Housing and Urban
Development for consideration.
ADOPTED: JUNE 26, 2017
REQUEST FOR QUOTES - PROJECT EG1701 - VANSANT MAJOR OVERHAUL
Due to the long lead time for the capital components for the VanSant major overhaul scheduled for
the spring of 2018, the Facilities personnel requested quotes from five (5) vendors, including the
original equipment manufacturer (OEM), General Electric. There were three (3) responses, with one
vendor disqualified for not providing quotes in accordance with the items requested.
Staff recommended splitting the purchase of capital component items to support EG1701, VanSant
Major Overhaul, between Turbo Parts Limited in the amount of $227,800 and Turbine Services,
LTD in the amount of $117,000 for a total of $344,800.
Mr. Sudler moved for approval of Staff’s recommendation. The motion was seconded by
Mr. Neil and carried by a unanimous roll call vote.
Page 26
CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 22
APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT SLAVIN - DELAWARE
CENTER FOR HEALTH INNOVATION (DCHI) DOVER/SMYRNA HEALTHY
NEIGHBORHOODS COUNCIL - TANNER WM. POLCE - TWO-YEAR TERM TO
EXPIRE JUNE 2019
Council President Slavin recommended the appointment of Councilman Tanner Wm. Polce to serve
on the Delaware Center for Health Innovation (DCHI) Dover/Smyrna Healthy Neighborhoods
Council for a two-year term to expire in June 2019.
By consent agenda, Mr. Lewis moved for approval of the appointment of Councilman Polce,
as recommended by Council President Slavin. The motion was seconded by Mr. Neil and
carried by a unanimous roll call vote.
APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
Mayor Christiansen recommended approval of the following appointments:
Construction and Property Maintenance Code Board of Appeals - One-Year Term to Expire
May 27, 2018
Charles Martin, Representative of the Local Real Estate Industry Association
Ethics Commission - Five-Year Term to Expire July 2021
Robin F. Case (term expired in July 2016)
Historic District Commission - Three-Year Terms to Expire July 2020
Joseph McDaniel, Business Representative/Resident
Ann Baker Horsey, Professional/Resident
Planning Commission - Three-Year Terms to Expire June 1, 2020
Dr. Bobby Jones - At-Large
Deborah L. Edwards - First District
Public Advisory Committee of the Dover/Kent County MPO - Two-Year Terms to Expire
July 2019
Jonathan Contant
Karen McGloughlin
By consent agenda, Mr. Lewis moved for approval of the appointments recommended by
Mayor Christiansen. The motion was seconded by Mr. Neil and carried by a unanimous roll
call vote.
2017/18 ANNUAL APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT
SLAVIN (Deferred During the Annual Meeting of May 8, 2017)
Council President Slavin recommended approval of the following appointments:
Economic Development Committee
Clayton E. Hammond II (Minority Voting Member)
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 23
General Employee Pension Plan Board
David L. Anderson
Brian E. Lewis
Other Post-Employment Benefits (OPEB) Board
Scott W. Cole
Matthew J. Lindell
Police Pension Plan - Retirement Committee
David L. Anderson
Brian E. Lewis
Central Delaware Chamber of Commerce (Liaison Members)
Mayor Robin R. Christiansen, Ex-Officio (Non-Voting member)
Kirby Hudson, Assistant City Manager (Non-Voting Guest)
City/County Committee (Liaison to Kent County)
Mayor Robin R. Christiansen
Council President Slavin
William F. Hare
Fred A. Neil
Tanner Wm. Polce
Donna S. Mitchell, Acting City Manager
Kent County Tourism Board of Directors (Voting Liaison Member)
Fred A. Neil
Kent Economic Partnership Board of Directors (Voting Liaison Member)
David L. Anderson
By consent agenda, Mr. Lewis moved for approval of the appointments recommended by
Council President Slavin. The motion was seconded by Mr. Neil and carried by a unanimous
roll call vote.
2017/18 ANNUAL APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
(Deferred During the Annual Meeting of May 8, 2017)
Mayor Christiansen recommended approval of the following appointments:
Downtown Dover Partnership Board of Directors (City of Dover Government Appointments)
Acting City Manager, Donna S. Mitchell
Acting City Planner, David S. Hugg III
Councilman David L. Anderson
Councilman William F. Hare
Councilman Fred A. Neil
Mayor Robin R. Christiansen (Ex-Officio Member)
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 24
Election Board
Leland S. Berry - At-Large *
M. Milford Caldwell - Fourth District
By consent agenda, Mr. Lewis moved for approval of the appointments recommended by
Mayor Christiansen. The motion was seconded by Mr. Neil and carried by a unanimous roll
call vote. *(City Clerk’s Office Note: Subsequent to the meeting, Leland S. Berry contacted the
Clerk’s Office to advise that he was not interested in serving on the Election Board.)
FINAL READING - PROPOSED ORDINANCE #2017-07 AMENDING CHAPTER 46 - FIRE
PREVENTION AND PROTECTION, ARTICLE II - FIRE DEPARTMENT, DIVISION 2 -
OFFICERS, SECTION 46-77 (3) - ELECTION AND VOTING REGULATIONS FOR
NOMINEES - ELIGIBLE VOTERS
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of
June 12, 2017. Council President Slavin reminded members of the public that the ordinance was
available at the entrance of the Council Chambers or on the City's website at www.cityofdover.com
under "Government.”
Mr. Lewis moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Neil and unanimously carried.
By motion of Mr. Hare, seconded by Mr. Neil, Council, by a unanimous roll call vote, adopted
Ordinance #2017-07, 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 II - Fire Department, Division 2 - Officers,
Section 46-77 (3) - Election and Voting Regulations for Nominees - Eligible Voters of the Dover
Code be amended to read as follows:
Sec. 46-77. - Election and voting regulations for nominees.
Each fire company shall conform to the following regulations for the conduct of nominee elections
for fire department officers:
(1) Membership list. At least two days before the nominee election, each fire company shall
send a list of its active members in good standing to the city council. These lists shall be
certified by the president and secretary of each fire company, shall be under seal and shall
be used by the judges of the nominee election to determine qualified voters.
(2) Where and how election held. The nominee election shall take place at a firehouse
designated by the city council and shall be conducted by three judges appointed by the city
council for that purpose.
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 25
(3) Eligible voters. The nominee election judges shall not permit anyone to vote whose name
is not on one of the lists mentioned in subsection (1) of this section. If a member's name
appears on the lists, but it is proven to the satisfaction of the judges that he does not meet the
requirements of active membership, then that person shall cast a challenged ballot. The term
"active membership," for the purposes of this section, shall mean a member who has
responded to at least one hundred twenty-five (125) of the alarms, by way of attendance,
during the year immediately preceding the certification of the voting list. This requirement
is waived for any member who was on active duty in the military service during any portion
of that year and who is otherwise in good standing with his individual fire company.
(4) Secret ballot. The nominee election shall be by secret ballot and each voter shall have only
one vote for each of the open nominee positions.
(5) When polls open. Polls shall open at 7:00 p.m. and shall close at 9:00 p.m.
(6) Absentee voting. Absentee voting shall be permitted in accordance with the procedure
adopted for absentee voting at regular municipal elections contained in chapter 34, article III.
ADOPTED: JUNE 26, 2017
FINAL READING - PROPOSED ORDINANCE #2017-08 2017/2018 CITY OF DOVER
BUDGET ORDINANCES
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of
June 12, 2017. Council President Slavin reminded members of the public that the ordinance was
available at the entrance of the Council Chambers or on the City's website at www.cityofdover.com
under "Government.”
Mr. Lewis moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Neil and unanimously carried.
Mr. Lewis moved for adoption of Ordinance #2017-08 (Exhibit #1), seconded by Mr. Neil, and
carried by a unanimous roll call vote.
ACTING CITY MANAGER’S ANNOUNCEMENTS
Mrs. Donna Mitchell, Acting City Manager, reminded everyone of the Fourth of July celebration on
Tuesday, July 4th. She noted that the activities will begin at 9:00 a.m., and the fireworks are due to
take off about 9:20 at dusk. Mrs. Mitchell advised that the rain date is Saturday, July 8th.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Slavin announced that the July 10th Council meeting and the July 11th Council Committee of the
Whole meeting have been canceled.
Mr. Slavin wished Councilman William Hare a Happy Birthday on July 6th.
Mr. Anderson announced that on June 29th at 6:30 p.m. at 1412 College Road, Grand East, there
would be a meeting sponsored by the Central Delaware branch of the NAACP to welcome Police
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CITY COUNCIL MEETING OF JUNE 26, 2017 PAGE 26
Chief Mailey. He noted that the NAACP was supportive of the City’s last police chief and will be
supportive of the current Chief.
At the request of Mr. Sudler, Ms. Caroline Speakman of NCALL announced that their kick off
program for Lights on Dover Strong would be held the following evening at 6:00 p.m. at the Solid
Rock Community Center. She advised that they are providing dusk-to-dawn light bulbs for the front
porch, as well as solar powered rear action lights and they are hoping to light up the downtown area.
Ms. Speakman noted that those who participate have to agree to call the police when they see
something suspicious. Mr. Sudler indicated that the two (2) streets were South Kirkwood Street and
South State Street, or Division Street and encouraged Council members to attend.
Mr. Lewis advised that he, along with a few other members of Council, attended the African
American Festival the previous Saturday and he had a phenomenal time. Mr. Sudler reminded his
colleagues that, although they are all busy, it is important to show up at diverse events such as Dover
Days and the African American Festival because it is aligned with their vision for the City that we
value diversity.
Mr. Neil moved for adjournment, seconded by Mr. Sudler and unanimously carried.
Meeting adjourned at 8:01 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of June 26, 2017, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2017\06-26-2017 Council Minutes.wpd
Exhibits
Exhibit #1 - Ordinance #2017-08 2017/2018 City of Dover Budget Ordinances
Page 31
EXHIBIT #1
City Council Meeting of June 26, 2017
CITY OF DOVER ORDINANCE # 2017-08
2017-2018 BUDGET ORDINANCES
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Forty Seven Million Five Hundred Twenty Eight Thousand One
Hundred dollars ($47,528,100) or so much thereof as may be necessary are hereby appropriated from
current revenues and other funds for the use by several departments of the Municipal Government
for the fiscal year beginning July 1, 2017 and ending June 30, 2018:
GENERAL FUND
CASH RECEIPT SUMMARY FOR 2017-2018
2017/18
BUDGET
BEGINNING BALANCE $ 4,597,100
RECEIPTS
FINES AND POLICE REVENUE 746,600
LIBRARY REVENUES 100,000
KENT COUNTY BOOK REIMBURSEMENT 300,000
BUSINESS LICENSES 1,467,000
PERMITS AND OTHER FEES 1,956,000
MISCELLANEOUS CHARGES 57,000
POLICE EXTRA DUTY 500,000
PROPERTY TAXES 13,025,600
RECREATION REVENUE 150,000
FRANCHISE FEE 688,100
SANITATION FEES 3,080,400
RENT REVENUE - GARRISON FARM 96,900
COURT OF CHANCERY FEES 1,350,000
INVESTMENT INCOME 138,000
RECEIPTS SUBTOTAL 23,655,600
INTERFUND SERVICE RECEIPTS
INTERFUND SERVICE RECEIPTS W/WW 1,716,100
INTERFUND SERVICE RECEIPTS ELECTRIC 3,660,100
INTERFUND SERVICE RECEIPTS SUBTOTAL 5,376,200
GRANTS:
POLICE RELATED/EXTRA DUTY 60,000
POLICE PENSION GRANT 415,000
GREEN ENERGY GRANT 98,500
MISC GRANT REVENUE 25,000
HISTORIC DISTRICT GRANT 6,500
GRANTS SUBTOTAL 605,000
TRANSFERS FROM:
TRANSFER TAX 1,209,300
MUNICIPAL STREET AID 673,100
CIVIL TRAFFIC PENALTIES 511,800
WATER/WASTEWATER 900,000
ELECTRIC 10,000,000
TRANSFERS FROM SUBTOTAL 13,294,200
TOTAL REVENUES 42,931,000
TOTAL BEGINNING BALANCE & REVENUE $ 47,528,100
1
Page 32
2017-2018 BUDGET ORDINANCES
GENERAL FUND - EXPENDITURES AND BUDGET BALANCE FOR 2017-2018
2017/18
DEPARTMENT EXPENSES BUDGET
CITY CLERK $ 436,700
COUNCIL 155,100
TAX ASSESSOR 238,500
FIRE 774,900
GROUNDS MAINTENANCE 1,142,000
LIBRARY 1,708,300
RECREATION 764,200
LIFE SAFETY 499,600
CODE ENFORCEMENT 449,700
PLANNING 563,400
INSPECTIONS 721,000
POLICE 16,483,900
POLICE EXTRA DUTY 560,000
STREETS 1,119,400
SANITATION 2,563,900
CITY MANAGER 751,500
INFORMATION TECHNOLOGY 777,400
FINANCE 1,038,900
PUBLIC WORKS - ADMINISTRATION 718,300
FACILITIES MANAGEMENT 629,700
PUBLIC WORKS - ENGINEERING 277,700
PROCUREMENT & INVENTORY 605,100
FLEET MAINTENANCE 838,200
CUSTOMER SERVICE 1,169,500
HUMAN RESOURCES 436,600
MAYOR 119,300
DEPARTMENT SUBTOTALS 35,542,800
OTHER EXPENSES
DEBT SERVICE 443,100
CONTRIBUTION TO DDP 150,000
MISCELLANEOUS GRANT RELATED EXP 25,000
INSURANCE 735,000
RETIREES HEALTH CARE 2,063,000
OTHER EMPLOYMENT EXPENSES 367,500
BANK & CREDIT CARD FEES 21,000
UNCOLLECTIBLES - TRASH AND OTHER 100,000
STREET LIGHTS 810,000
OTHER EXPENSE SUBTOTAL 4,714,600
TRANSFERS
TRANSFER TO CAPITAL FUND - PROJECTS 1,368,700
APPROP. TO THE POLICE PENSION FUND 761,500
APPROP. POLICE PENSION - STATE GRANT 415,000
APPROP. TO THE GENERAL PENSION FUND 48,400
TRANSFER TO INVENTORY WRITE-OFFS 10,000
TRANSFERS SUBTOTAL 2,603,600
TOTAL EXPENDITURES 42,861,000
CURRENT YEAR BALANCE 4,667,100
TOTALS $ 47,528,100
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
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Page 33
CITY OF DOVER ORDINANCE # 2017-08
GOVERNMENTAL CAPITAL PROJECTS FUND
REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Two Million Four Hundred Forty Six Thousand Two Hundred dollars
($2,446,200) or so much thereof as may be necessary are hereby appropriated from current revenues and other
funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2017
and ending June 30, 2018:
REVENUES
2017/18
BUDGET
BEGINNING BALANCE - PROJECTS $ 412,900
REVENUES
STATE GRANTS - Other 33,000
INTEREST EARNINGS 8,300
TRANSFER FROM GENERAL FUND 1,368,700
TRANSFER FROM PARKLAND RESERVE 205,000
TRANSFER FROM CAPITAL ASSET RESERVE 418,300
SUBTOTAL PROJECT RECEIPTS 2,033,300
TOTAL FUNDING SOURCES 2,033,300
TOTAL BEGINNING BALANCE AND REVENUES $ 2,446,200
EXPENSE SUMMARY
2017/18
EXPENDITURES BUDGET
FIRE $ 145,700
GROUNDS 62,500
RECREATION 271,000
POLICE 379,900
STREETS 1,070,000
INFORMATION TECHNOLOGY 36,600
FACILITIES MANAGEMENT 25,100
DEPARTMENT SUBTOTAL 1,990,800
TOTAL EXPENDITURES 1,990,800
BUDGET BALANCE 455,400
TOTAL BUDGET BALANCE & EXPENDITURES $ 2,446,200
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
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CITY OF DOVER ORDINANCE # 2017-08
GENERAL FUND CONTINGENCY
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Seven Hundred Fifty Four Thousand Four Hundred
dollars ($754,400) or so much thereof as may be necessary are hereby appropriated from current
revenues and other funds for the use by several departments of the Municipal Government for
the fiscal year beginning July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE $ 743,600
INTEREST EARNED 10,800
TOTALS $ 754,400
EXPENSE SUMMARY
2017/18
BUDGET
CARRY FORWARD TO NEXT YEAR $ 754,400
TOTALS $ 754,400
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
4
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CITY OF DOVER ORDINANCE # 2017-08
GOVERNMENTAL CAPITAL ASSET RESERVE
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating One Million Five Hundred Forty Four Thousand Two Hundred
dollars ($1,544,200) or so much thereof as may be necessary are hereby appropriated from current
revenues and other funds for the use by several departments of the Municipal Government for the fiscal
year beginning July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE $ 1,525,700
RECEIPTS
INTEREST EARNINGS 18,500
TOTAL RECEIPTS 18,500
TOTALS $ 1,544,200
EXPENSE SUMMARY
2017/18
BUDGET
TRANSFER TO GOVERNMENTAL CAPITAL PROJECTS FUND $ 418,300
CARRY FORWARD TO NEXT YEAR 1,125,900
TOTALS $ 1,544,200
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
5
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CITY OF DOVER ORDINANCE # 2017-08
PARKLAND/RECREATION RESERVE
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Three Hundred Eighty One Thousand Two Hundred dollars
($381,200) or so much thereof as may be necessary are hereby appropriated from current revenues and
other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
OPERATING REVENUES
2017/18
BUDGET
BEGINNING BALANCE $ 376,300
INTEREST INCOME 4,900
TOTALS $ 381,200
OPERATING EXPENSES
2017/18
BUDGET
TRANSFER TO GOVERNMENTAL CAPITAL PROJECTS FUND $ 205,000
CURRENT YEAR BALANCE 176,200
TOTALS $ 381,200
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
6
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CITY OF DOVER ORDINANCE # 2017-08
WATER/WASTEWATER FUND
REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Seventeen Million Nine Hundred Thirty Six Thousand Seven
Hundred dollars ($17,936,700) or so much thereof as may be necessary are hereby appropriated from
current revenues and other funds for the use by several departments of the Municipal Government for the
fiscal year beginning July 1, 2017 and ending June 30, 2018:
2017/18
BUDGET
BEGINNING BALANCE - WATER $ 1,330,900
BEGINNING BALANCE - WASTEWATER 1,166,800
TOTAL BEGINNING BALANCES 2,497,700
BASE REVENUE
WATER SERVICES 5,914,600
WASTEWATER SERVICES 3,768,000
WASTEWATER TREATMENT SERVICES 2,952,900
GROUNDWATER INFLOW ADJUSTMENT 1,899,700
WATER TANK SPACE LEASING 391,400
WATER IMPACT FEES 231,000
WASTEWATER IMPACT FEES 209,000
INTEREST - WATER 5,700
INTEREST - WASTEWATER 5,700
MISCELLANEOUS SERVICE FEE 61,000
TOTAL REVENUES 15,439,000
TOTAL BEGINNING BALANCES AND REVENUES $ 17,936,700
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2017-2018 BUDGET ORDINANCES
WATER/WASTEWATER FUND - EXPENSES AND BUDGET BALANCE FOR 2017-2018
2017/18
DIRECT EXPENSES BUDGET
ENGINEERING & INSPECTION $ 517,800
WATER DEPARTMENT 635,700
WASTEWATER DEPARTMENT 962,800
WATER TREATMENT PLANT 1,780,500
DIRECT EXPENDITURE SUBTOTAL 3,896,800
OTHER EXPENSES
DEBT SERVICE - WATER 524,600
DEBT SERVICE - WASTEWATER 612,800
RETIREES HEALTH CARE 242,200
OTHER EMPLOYMENT EXPENSES 25,900
KENT COUNTY TREATMENT CHARGE 3,926,500
INTERFUND SERVICE FEES 1,716,100
BANK & CREDIT CARD FEES 26,000
BOND ISSUE COSTS 40,000
OTHER EXPENSES SUBTOTAL 7,114,100
TRANSFER TO:
GENERAL FUND FROM WATER 500,000
GENERAL FUND FROM WASTEWATER 400,000
WATER IMP AND EXT 1,600,000
WASTEWATER IMP AND EXT 1,600,000
GENERAL EMPLOYEES PENSION 7,500
TRANSFER TO SUBTOTAL 4,107,500
TOTAL EXPENSES 15,118,400
BUDGET BALANCES
BUDGET BALANCE WATER 1,575,600
BUDGET BALANCE WASTEWATER 1,242,700
BUDGET BALANCE SUBTOTALS 2,818,300
TOTAL CURRENT YEAR BALANCES AND EXPENSES $ 17,936,700
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
8
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CITY OF DOVER ORDINANCE # 2017-08
WATER/WASTEWATER IMPROVEMENT & EXTENSION FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Six Million Five Hundred Thirty Thousand Three Hundred
dollars ($6,530,300) or so much thereof as may be necessary are hereby appropriated from current revenues
and other funds for the use by several departments of the Municipal Government for the fiscal year
begining July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE - WATER $ 2,042,000
BEGINNING BALANCE - WASTEWATER 1,195,100
TOTAL BEGINNING BALANCES 3,237,100
REVENUES
TRANS FR OPERATING FUND - WATER 1,600,000
TRANS FR OPERATING FUND - WW 1,600,000
INTEREST INCOME 93,200
TOTAL REVENUES 3,293,200
TOTAL BEGINNING BALANCES & REVENUES $ 6,530,300
EXPENSE SUMMARY
2017/18
EXPENSES BUDGET
WATER $ 1,608,400
WASTEWATER 1,543,000
TOTAL EXPENSES 3,151,400
BUDGET BALANCE - WATER 2,080,200
BUDGET BALANCE - WASTEWATER 1,298,700
CURRENT YEAR BALANCE SUBTOTALS 3,378,900
TOTAL BUDGET BALANCES & EXPENSES $ 6,530,300
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
9
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CITY OF DOVER ORDINANCE # 2017-08
WATER/WASTEWATER CAPITAL ASSET RESERVE
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating One Million Sixty Eight Thousand Five Hundred dollars ($1,068,500)
or so much thereof as may be necessary are hereby appropriated from current revenues and other funds
for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2017
and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE - WATER $ 527,200
BEGINNING BALANCE - WASTEWATER 526,000
TOTAL BEGINNING BALANCES 1,053,200
RECEIPTS
INTEREST EARNINGS - WATER 7,700
INTEREST EARNINGS - WASTEWATER 7,600
TOTAL RECEIPTS 15,300
TOTALS $ 1,068,500
EXPENSE SUMMARY
2017/18
BUDGET
CURRENT YEAR BALANCE - WATER $ 534,900
CURRENT YEAR BALANCE - WASTEWATER 533,600
CURRENT YEAR BALANCE SUBTOTALS 1,068,500
TOTALS $ 1,068,500
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
10
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CITY OF DOVER ORDINANCE # 2017-08
WATER/WASTEWATER IMPACT FEE RESERVE
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Three Million Two Hundred Five Thousand Six Hundred dollars
($3,205,600) or so much thereof as may be necessary are hereby appropriated fromcurrent revenues and
other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE - WATER $ 249,800
BEGINNING BALANCE - WASTEWATER 2,909,500
TOTAL BEGINNING BALANCES 3,159,300
RECEIPTS
INTEREST EARNINGS - WATER 4,200
INTEREST EARNINGS - WASTEWATER 42,100
TOTAL RECEIPTS 46,300
TOTALS $ 3,205,600
EXPENSE SUMMARY
2017/18
BUDGET
CURRENT YEAR BALANCE - WATER $ 254,000
CURRENT YEAR BALANCE - WASTEWATER 2,951,600
CURRENT YEAR BALANCE SUBTOTALS 3,205,600
TOTALS $ 3,205,600
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
11
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CITY OF DOVER ORDINANCE # 2017-08
WATER/WASTEWATER CONTINGENCY RESERVE
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Five Hundred Thirty Seven Thousand Four Hundred dollars
($537,400) or so much thereof as may be necessary are hereby appropriated from current revenues
and other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE - WATER $ 251,600
BEGINNING BALANCE - WASTEWATER 278,200
TOTAL BEGINNING BALANCES 529,800
RECEIPTS
INTEREST EARNINGS - WATER 3,500
INTEREST EARNINGS - WASTEWATER 4,100
TOTAL RECEIPTS 7,600
TOTALS $ 537,400
BUDGET SUMMARY
2017/18
BUDGET
CURRENT YEAR BALANCE - WATER $ 255,100
CURRENT YEAR BALANCE - WASTEWATER 282,300
CURRENT YEAR BALANCE SUBTOTALS 537,400
TOTAL EXPENSES AND CURRENT YEAR BALANCES $ 537,400
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
12
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CITY OF DOVER ORDINANCE # 2017-08
ELECTRIC REVENUE FUND
REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Ninety Five Million Nine Hundred Eighty Seven Thousand Seven
Hundred dollars ($95,987,700) or so much thereof as may be necessary are hereby appropriated from
current revenues and other funds for the use by several departments of the Municipal Government
for the fiscal year beginning July 1, 2017 and ending June 30, 2018:
2017/18
BUDGET
BEGINNING BALANCE $ 20,290,200
DISTRIBUTION OF EARNINGS - PCA CREDIT (6,176,700)
BEGINNING BALANCE - ADJUSTED 14,113,500
BASE REVENUE
DIRECT SALES TO CUSTOMER 79,656,000
UTILITY TAX 1,236,200
MISCELLANEOUS REVENUE 531,200
RENT REVENUE 104,500
GREEN ENERGY 130,000
INTEREST EARNINGS 216,300
TOTAL REVENUES 81,874,200
TOTAL BEGINNING BALANCE & REVENUES $ 95,987,700
13
Page 44
2017-2018 BUDGET ORDINANCES
ELECTRIC REVENUE FUND EXPENSES AND BUDGET BALANCE FOR 2017-2018
2017/18
EXPENSES BUDGET
POWER SUPPLY $ 22,807,900
SOLAR ENERGY 2,661,300
SOLAR RENEWAL ENERGY CREDITS 371,200
POWER SUPPLY MANAGEMENT 835,000
REC'S (Renewable Energy Credits) 578,300
RGGI (Regional Greenhouse Gas Init.) 64,000
PJM CHARGES - ENERGY 6,024,400
PJM CHARGES - TRANSMISSION & FEES 6,900,200
CAPACITY CHARGES 10,482,500
SUB-TOTAL POWER SUPPLY 50,724,800
PLANT OPERATIONS 6,146,500
GENERATIONS FUELS 817,400
PJM SPOT MARKET ENERGY (958,100)
PJM CREDITS (535,400)
CAPACITY CREDITS (7,120,100)
GENERATION SUBTOTAL (1,649,700)
POWER SUPPLY & GENERATION SUBTOTAL 49,075,100
DIRECT EXPENDITURES
TRANSMISSION/DISTRIBUTION 3,599,600
ELECTRICAL ENGINEERING 1,226,400
ADMINISTRATION 797,000
METER READING 392,500
SYSTEMS OPERATIONS 644,700
DIRECT EXPENDITURE SUBTOTALS 6,660,200
OTHER EXPENSES:
UTILITY TAX 1,236,200
ALLOW FOR UNCOLLECTIBLES 250,000
CONTRACTUAL SERVICES - RFP'S 100,000
LEGAL EXPENSES 25,000
RETIREES HEALTH CARE 820,300
OTHER EMPLOYMENT EXPENSES 105,200
PENSION UNFUNDED LIABILITY 1,000,000
OPEB UNFUNDED LIABILITY 1,000,000
GREEN ENERGY PAYMENT TO DEMEC 130,000
INTERFUND SERVICE FEES 3,660,100
INTEREST ON DEPOSITS 21,000
BANK & CREDIT CARD FEES 295,000
DEBT SERVICE 1,605,500
OTHER EXPENSES SUBTOTAL 10,248,300
TRANSFER TO:
IMPROVEMENT & EXTENSION 5,000,000
GENERAL FUND 10,000,000
RATE STABILIZATION RESERVE 5,200,000
TRANSFER TO SUBTOTAL 20,200,000
TOTAL EXPENSES 86,183,600
BUDGET BALANCE - WORKING CAPITAL 9,804,100
TOTALS $ 95,987,700
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
14
Page 45
CITY OF DOVER ORDINANCE # 2017-08
ELECTRIC UTILITY IMPROVEMENT AND EXTENSION FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Twelve Million Eighty Thousand One Hundred dollars
($12,080,100) or so much thereof as may be necessary are hereby appropriated from current revenues
and other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
REVENUES
2017/18
BUDGET
BEGINNING BALANCE $ 6,600,300
REVENUES
TRANSFER FROM ELECTRIC 5,000,000
GENERAL SERVICE BILLING 370,000
INTEREST EARNINGS 109,800
TOTAL REVENUES 5,479,800
TOTALS $ 12,080,100
EXPENSE SUMMARY
2017/18
EXPENSES BUDGET
ELECTRIC ADMINISTRATION $ 8,500
ELECTRIC GENERATION 2,328,000
TRANSMISSION AND DISTRIBUTION 1,725,500
ELECTRICAL ENGINEERING 1,315,000
ERP SYSTEM 1,500,000
TOTAL EXPENSES 6,877,000
BUDGET BALANCE 5,203,100
TOTAL BUDGET BALANCE & EXPENSES $ 12,080,100
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
15
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CITY OF DOVER ORDINANCE # 2017-08
ELECTRIC UTILITY CONTINGENCY RESERVE
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Eight Hundred Seventy Seven Thousand Three Hundred dollars
($877,300) or so much thereof as may be necessary are hereby appropriated from current revenues and
other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE $ 863,500
RECEIPTS
INTEREST EARNINGS 13,800
TOTAL RECEIPTS 13,800
TOTALS $ 877,300
EXPENSE SUMMARY
2017/18
BUDGET
CURRENT YEAR BALANCE $ 877,300
TOTALS $ 877,300
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
16
Page 47
CITY OF DOVER ORDINANCE # 2017-08
ELECTRIC UTILITY DEPRECIATION RESERVE
SOURCES AND USE OF FUNDS FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Thirteen Million Two Hundred Fifty One Thousand Five
Hundred dollars ($13,251,500) or so much thereof as may be necessary are hereby appropriated from
current revenues and other funds for the use by several departments of the Municipal Government
for the fiscal year beginning July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE $ 13,042,800
INTEREST EARNINGS 208,700
TOTALS $ 13,251,500
BUDGET SUMMARY
2017/18
BUDGET
CURRENT YEAR BALANCE $ 13,251,500
TOTALS $ 13,251,500
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
17
Page 48
CITY OF DOVER ORDINANCE # 2017-08
ELECTRIC UTILITY FUTURE CAPACITY RESERVE
SOURCES AND USE OF FUNDS FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Thirteen Million Four Hundred Eight Thousand Nine Hundred
dollars ($13,408,900) or so much thereof as may be necessary are hereby appropriated from current revenues
and other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE $ 13,197,700
INTEREST EARNINGS 211,200
TOTALS $ 13,408,900
BUDGET SUMMARY
2017/18
BUDGET
CURRENT YEAR BALANCE $ 13,408,900
TOTALS $ 13,408,900
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
18
Page 49
CITY OF DOVER ORDINANCE # 2017-08
ELECTRIC UTILITY INSURANCE STABLIZATION RESERVE
SOURCES AND USE OF FUNDS FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Seven Hundred Eighty Eight Thousand Two Hundred
dollars ($788,200) or so much thereof as may be necessary are hereby appropriated from current revenues
and other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE $ 775,800
INTEREST EARNINGS 12,400
TOTALS $ 788,200
BUDGET SUMMARY
2017/18
BUDGET
CURRENT YEAR BALANCE $ 788,200
TOTALS $ 788,200
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
19
Page 50
CITY OF DOVER ORDINANCE # 2017-08
ELECTRIC UTILITY RATE STABLIZATION RESERVE
SOURCES AND USE OF FUNDS FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Sixteen Million Five Thousand Seven Hundred
dollars ($16,005,700) or so much thereof as may be necessary are hereby appropriated from current
revenues and other funds for the use by several departments of the Municipal Government
for the fiscal year beginning July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE $ 10,635,500
INTEREST EARNINGS 170,200
TRANSFER FROM ELECTRIC OPERATING FUND 5,200,000
TOTALS $ 16,005,700
BUDGET SUMMARY
2017/18
BUDGET
CURRENT YEAR BALANCE $ 16,005,700
TOTALS $ 16,005,700
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
20
Page 51
CITY OF DOVER ORDINANCE # 2017-08
MUNICIPAL STREET AID FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Six Hundred Seventy Three Thousand Two Hundred
dollars ($673,200) or so much thereof as may be necessary are hereby appropriated from current
revenues and other funds for the use by several departments of the Municipal Government for the
fiscal year beginning July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE $ 100
STATE GRANT 673,100
TOTALS $ 673,200
BUDGET SUMMARY
2017/18
BUDGET
TRANSFER TO GENERAL FUND $ 673,100
CURRENT YEAR BALANCE 100
TOTALS $ 673,200
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
21
Page 52
CITY OF DOVER ORDINANCE # 2017-08
ELECTRONIC RED LIGHT SAFETY PROGRAM
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Five Hundred Eleven Thousand Nine Hundred dollars ($511,900)
or so much thereof as may be necessary are hereby appropriated from current revenues and other
funds for the use by several departments of the Municipal Government for the fiscal year beginning
July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE $ 100
POLICE FINES 511,800
TOTALS $ 511,900
BUDGET SUMMARY
2017/18
BUDGET
TRANSFER TO GENERAL FUND $ 511,800
CURRENT YEAR BALANCE 100
TOTALS $ 511,900
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
22
Page 53
CITY OF DOVER ORDINANCE # 2017-08
WORKERS COMPENSATION FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Two Million Four Hundred Fourteen Thousand Six Hundred
dollars ($2,414,600) or so much thereof as may be necessary are hereby appropriated from current
revenues and other funds for the use by several departments of the Municipal Government for the
fiscal year beginning July 1, 2017 and ending June 30, 2018:
OPERATING REVENUES
2017/18
BUDGET
BEGINNING BALANCE $ 1,487,800
INTEREST INCOME 22,500
PREMIUM FROM CITY 904,300
TOTALS $ 2,414,600
OPERATING EXPENSES
2017/18
BUDGET
PROGRAM EXPENSES/SUPPLIES - CLAIMS $ 565,000
INSURANCE 110,800
STATE OF DEL - SELF INSURANCE TAX 39,000
CONTRACTUAL SERVICES 25,000
TOTAL EXPENSES 739,800
CURRENT YEAR BALANCE 1,674,800
TOTALS $ 2,414,600
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
23
Page 54
CITY OF DOVER ORDINANCE # 2017-08
COMMUNITY TRANSPORTATION IMPROVEMENT FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Five Hundred Eighty Five Thousand Two Hundred dollars
($585,200) or so much thereof as may be necessary are hereby appropriated from current revenues and
other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
OPERATING REVENUES
2017/18
BUDGET
PRIOR YEAR BALANCE $ 85,200
GRANTS REVENUE 500,000
TOTALS $ 585,200
OPERATING EXPENSES
2017/18
BUDGET
PROGRAM EXP. GRANT RELATED $ 500,000
CURRENT YEAR BALANCE 85,200
TOTALS $ 585,200
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
24
Page 55
CITY OF DOVER ORDINANCE # 2017-08
LIBRARY GRANT FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Two Hundred Eighty Four Thousand Two Hundred dollars
($284,200) or so much thereof as may be necessary are hereby appropriated from current revenues
and other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
OPERATING REVENUES
2017/18
BUDGET
PRIOR YEAR BALANCE $ -
STATE GRANT 281,700
FEDERAL GRANT 2,500
TOTALS $ 284,200
OPERATING EXPENSES
2017/18
BUDGET
STATE GRANTS
FURNITURE/FIXTURES $ 1,500
OFFICE SUPPLIES 30,000
PRINTING AND DUPLICATING 13,000
PROGRAM EXPENSES/SUPPLIES 23,500
BOOKS 126,400
COMPUTER SOFTWARE 2,100
COMPUTER HARDWARE 1,000
AUDIO VISUAL SUPPLIES 74,700
POSTAGE 100
TRAINING/CONF/FOOD/TRAV 2,500
OFF EQP/REPAIRS & MAINT 4,900
OTHER EQUIP - LEASE 2,000
SUBTOTAL EXPENSES STATE GRANTS 281,700
FEDERAL GRANTS
PROGRAM EXPENSES/SUPPLIES 2,500
SUBTOTAL EXPENSES FEDERAL GRANTS 2,500
GRAND TOTAL EXPENSES 284,200
CURRENT YEAR BALANCE -
TOTALS $ 284,200
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
25
Page 56
CITY OF DOVER ORDINANCE # 2017-08
POLICE GRANTS FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Four Hundred Thirty Thousand Four Hundred dollars
($430,400) or so much thereof as may be necessary are hereby appropriated from current revenues
and other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
OPERATING REVENUES
2017/18
BUDGET
PRIOR YEAR BALANCE $ 72,400
STATE AND FEDERAL GRANTS RECEIVED 358,000
TOTALS $ 430,400
OPERATING EXPENSES
2017/18
BUDGET
EXPENDITURES
PERSONNEL EXPENDITURES
CADET PROGRAM SALARIES $ 11,900
CADET PROGRAM FICA 900
CADET PROGRAM W/COMP 700
MATERIALS AND SUPPLIES
POLICE EQUIPT & PROG SUPP 312,000
ADMINISTRATIVE EXPENDITURES
CELL PHONE CHARGES 20,000
TRAINING 15,000
AUDIT FEES 1,000
TOTAL EXPENDITURES 361,500
OTHER FINANCING USES
OPERATING TRANSFERS-OUT 60,000
TOTAL FINANCING USES 60,000
CURRENT YEAR BALANCE 8,900
TOTALS $ 430,400
The above budget represents the combination of all State & Federal Grants.
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
26
Page 57
CITY OF DOVER ORDINANCE # 2017-08
CDBG GRANT FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Two Hundred Eighteen Thousand Eight Hundred dollars
($218,800) or so much thereof as may be necessary are hereby appropriated from current revenues
and other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
OPERATING REVENUES
2017/18
BUDGET
PRIOR YEAR BALANCE $ 2,100
CDBG GRANTS RECEIVED 216,700
TOTALS $ 218,800
OPERATING EXPENSES
2017/18
BUDGET
EXPENDITURES
CURRENT YEAR CLOSING COST/DOWN PAYMENT PROGRAM $ 60,000
CURRENT YEAR CONNECTION SUPP PROGRAM 3,000
CURRENT YEAR DOVER INTERFAITH MINISTRY 24,000
CURRENT YEAR MHDC EMERGENCY HOME REPAIR 25,000
CURRENT YEAR HABITAT FOR HUMANITY 21,300
CURRENT YEAR MHDC HOMEOWNER REHAB. 40,000
CURRENT YEAR ADMIN EXPENSE 43,400
TOTAL EXPENDITURES 216,700
CURRENT YEAR BALANCE 2,100
TOTALS $ 218,800
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
27
Page 58
CITY OF DOVER ORDINANCE # 2017-08
SUBSTANCE ABUSE GRANTS FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating One Hundred Six Thousand Three Hundred dollars
($106,300) or so much thereof as may be necessary are hereby appropriated from current revenues
and other funds for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2017 and ending June 30, 2018:
OPERATING REVENUES
2017/18
BUDGET
PRIOR YEAR BALANCE $ 45,300
STATE GRANTS RECEIVED 28,000
RECREATION REVENUE 33,000
TOTALS $ 106,300
OPERATING EXPENSES
2017/18
BUDGET
EXPENDITURES
TEMPORARY HELP/BENEFITS $ 67,700
PROGRAM EXPENSES/SUPPLIES 35,000
TOTAL EXPENDITURES 102,700
CURRENT YEAR BALANCE 3,600
TOTALS $ 106,300
The above budget represents the combination of all State & Federal Grants.
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
28
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CITY OF DOVER ORDINANCE # 2017-08
REALTY TRANSFER TAX FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2017-2018
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating One Million Two Hundred Nine Thousand Three Hundred
dollars ($1,209,300) or so much thereof as may be necessary are hereby appropriated from current
revenues and other funds for the use by several departments of the Municipal Government for the
fiscal year beginning July 1, 2017 and ending June 30, 2018:
CASH RECEIPTS
2017/18
BUDGET
BEGINNING BALANCE $ -
REALTY TRANSFER TAXES 1,209,300
TOTALS $ 1,209,300
BUDGET SUMMARY
2017/18
BUDGET
TRANSFER TO GENERAL FUND $ 1,209,300
CURRENT YEAR BALANCE -
TOTALS $ 1,209,300
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JUNE 26, 2017
29
Page 60
Certificate of Congratulations
presented to
The Dover High School Boys Track and Field Team
for scoring 121 points and capturing the Division I Delaware Interscholastic Athletic Association (DIAA)
Track and Field Team Championship on May 19 - 20, 201 7. The team has been a perennial power in the
Henlopen Conference and the State ofDelaware. The following student-athletes are commended for their
outstanding pe1formance:
Jaden Adkins Isreal Brown-Foster Ric Johnson Zachary Schmied/in
Coleman Akers Jacob Casey DonyeJudd Tymere Solomon
Hezakiah Ali-Bentley Brendan Cook Ishmael Kaba Tyrone Stanley
Joshua August Carter Crumpler Jhalil Mosley Courtland Suggs
Dion Baker Gabriel Evans Chidi Nwogbaga Kwama Veal
Keith Bessicks Marquis Garrison Javon Peace Tahj Ward
Micah Bowen Roshon Gladney Travon Robinson Jonathan Waters
Abdul-Rahim Bracey Eric Glass Donavon Rogers David Wheat
Eric Brandon Jaylyn Johnson Sean Saxton Terrance Whitfield
Special recognition is given to the following team members, who were named State Champions in one or
more events:
Dalonzo Bouges (4xl00, 4x200, and 4x400) Nyjal Drayton (4x400 and 4x800) Jakari Long (4x l00 and 4x200)
John Radel Castro (4x /OO and 4x200) Nathanael Guy (4x800) Kyron Roberts (4x400 and 4x800)
Tayshaun Chisholm (110 High Hurdles, DeShon Harriford (4x l 00 and 4x200) Gavin Williams (4x800)
300 i ntermediate Hurdles, and 4x400)
The entire team and Coaches James Solomon (2017 State ofDelaware Track and Field Coach of the Year),
Roger Lilly (201 7 State of Delaware Assistant Track and Field Coach of the Year), Michael Denny,
James Kilby, Jr., Vincent Terenik, Dr. Harry Williams, and Dwayne Wilson are applauded for their
remarkable achievement.
The City of Dover extends its sincere congratulations.
July 24, 2017
-TIMr;t;;;VIN
COUNCIL PRESIDENT
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DOVER
COMIC
CON2017
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DOVER
COMIC
CON2017
Page 63
2014 2016
• 8 artists • 41 artists
• 4 panels • 12 artisans
• 5 vendors • 13 authors
• 4 crafts • 3 small press groups
• 6 fan groups & costume clubs
• 2 cars
2015 • 2 LARPing Groups
• 30 artists • Bubble Soccer
• 30 vendors • 15 Food Trucks
• Several Fan Groups and Costume Clubs • 19 Panels
• Costume & Cosplay Contests • Cosplay Contest
• 10 panels • Kids Costume Contest
• Several crafts and activities • Different media outlets on site
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DOVER
COMIC
CON2017
Page 65
Attendance
70
14000
60
12000
50 10000
40 8000
30 6000
20 4000
2000
10
0
0
2014 2015 2016 2017
Artists Vendors Panels Food Trucks (Projected)
2014 2015 2016 2017 Attendance
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DOVER
COMIC
CON2017
Page 67
2017
• 45 artists
• 4 artisans
• 9 authors
• 2 small press groups
• 12 fan groups, costume clubs & cosplayers
• 2 cars
• 2 LARPing Groups
• Bubble Soccer
• 14 food trucks
• 25 panels
• Cosplay Contest
• Kids Costume Contest
• Different media outlets on site
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DOVIR
COMIC
C0N2017
Page 69
• Featured Guests:
• Voice actors from the Pokemon cartoon, Michele Knotz & James Carter
Cathcart
• They voice Jessie, James and Meowth from Team Rocket as well as voicing
other Pokemon, anime & video game characters
• Inflatables
• Trackless Train
• Ghost Base Rebel Legion
• Capital City Jedi Knights
• Mobile Cloud Video Game Party video gaming schedule
• Scheduled Fandom Meet-ups and Photo-Ops,
• We are inviting people who are fans of particular
things (Star Wars, Doctor Who, Pokémon, etc.) to
meet up at schedule times for great group photos
and meet people who share their love of a particular
show, comic, or video game.
Page 70
DOVER
COMIC
CON2017
Page 71
DOVER HUMAN RELATIONS COMMISSION WORKSHOP
The Dover Human Relations Commission (DHRC) Workshop was held on May 25, 2017
at 6:03 p.m. with Chairman Henderson presiding. Members present were Mr. Fleming, Mr. Gaddis,
Ms. Mullen, Reverend Paige, and Mrs. Herbert. Staff members present were City Solicitor
Rodriguez (departed at 6:49 p.m.) and Mrs. Stein.
AGENDA ADDITIONS/DELETIONS
Mr. Gaddis moved for approval of the agenda, seconded by Mr. Fleming and unanimously
carried.
Welcome - Explanation of Purpose of Workshop (Henderson)
Mr. Henderson welcomed members to the DHRC Workshop.
DHRC Authority and Holding of Meetings (Nicholas Rodriguez, City Solicitor)
Mr. Nicholas Rodriguez, City Solicitor, advised members that the DHRC was formed in 2001,
consisted of 15 members at that time, and currently had nine (9) members. He explained that the
DHRC is an advisory commission and is to provide advice based upon the jurisdiction of the
Commission as stated in the Code. Mr. Rodriguez indicated that the DHRC is similar to the State
Human Relations Commission (SHRC), which is also an advisory commission and reports directly
to the General Assembly and the Governor. He noted that neither the DHRC nor the SHRC is a
decision-making body. Mr. Rodriguez stated that two (2) members of the DHRC are appointed to
each of the four (4) City election districts and one (1) serves at large, and appointments are made by
the Council President and approved by Council. He indicated that members are appointed for
three-year staggered terms, and five (5) members constitute a quorum, which enables the
Commission to do business. He indicated that DHRC meetings are to be held at City Hall on a
quarterly basis and the Commission is to submit quarterly reports, as well as an annual report at the
end of the year. Mr. Rodriguez advised that the DHRC is guided by the Freedom of Information Act
(FOIA) and the City Clerk’s Office helps with notice of meetings. He explained that there are no
restrictions on reappointment; therefore, members can serve consecutive terms.
Mr. Rodriguez reviewed several of the questions that had come up in the past regarding whether or
not the DHRC had jurisdiction. He stated that a question had arisen about whether the DHRC could
investigate a bill being decided by the General Assembly, noting that senators or representatives had
asked the DHRC about this. Mr. Rodriguez stated that DHRC should not become involved in
politics at all; however, if a bill arose dealing with civility or affecting the DHRC’s jurisdiction, the
Commission could report this to Council.
Mrs. Herbert advised that she had attended an SHRC meeting this month when a bill on
homelessness was considered. She explained that those presenting the bill were trying to get the
SHRC to make a statement about it; however, the SHRC was only comfortable stating that homeless
people have rights. Mr. Rodriguez indicated that this matter would come under the DHRC’s
jurisdiction on an advisory basis, but they should not become involved in supporting a bill.
Mrs. Herbert stated that this is what the SHRC decided. Mr. Rodriguez advised members in this type
of situation to notify the Council President that there is a bill that affects the jurisdiction.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 2
Reverend Paige questioned, for example, if she could speak out against the death penalty. In
response, Mr. Rodriguez explained that she could do this as an individual but not as a member of
the Commission.
Mr. Rodriguez cited a situation when a Commissioner had missed a number of meetings and it was
questioned if the DHRC could remove that Commissioner. He explained that the Commission could
not do this and that removal could only be done at the recommendation of the Council President and
with the concurrence of Council for substantial neglect of duty or gross misconduct in office, noting
that missing a number of meetings would be considered substantial neglect of duty.
Mr. Rodriguez indicated that when the DHRC’s structure had included 15 members, they were
unable to obtain that number of Commissioners and wanted to run an ad in local newspapers to find
people interested in serving. He advised that advertising was acceptable if it was paid for
individually out of pocket. Mr. Henderson asked if such advertising could be paid out of the
DHRC’s budget, and Mr. Rodriguez indicated that it could probably be; however, there may not have
been money available in that particular case. He noted that the advertising strategy had worked well
and resulted in a number of names that were submitted to the Council President and reviewed by
Council. (City Clerk’s Office Note: In a legal opinion dated July 30, 2008, Mr. Rodriguez advised
that “. . . the Commission itself has no power or authority to appoint or recruit new members. This
is left completely up to the Mayor and Council. Newspaper advertising by the Commission for new
members I think not only tends to invade the power and authority of the Mayor and Council but is
not a necessary expense or expenditure, assuming that the newspaper advertisements are paid for
out of funds budgeted for the Commission. . . .”)
Referring to Section 58-33(e) Functions limited of the Dover Code, Mr. Rodriguez explained that
the DHRC has no jurisdiction over matters that are assigned by law or decree to other governmental
bodies. He noted that previously a complaint was received from an employee of Delaware State
University (DSU) who indicated that they had been terminated based on race, which was a private
matter between the employee and the University over which the DHRC had no jurisdiction.
Mr. Rodriguez advised that this was also true of matters that must go through the court system or
other governmental bodies. He stated that there had also been complaints about an employee of the
City of Dover who was terminated, and this had to be handled through the City’s grievance
procedure.
Mrs. Herbert stated that the National Council on Life and Labor Research (NCALL) was trying to
bring different groups together and had just held a “Bridge the Divide Community Café” at Wesley
College that included the SHRC, Wesley College, and DSU. She stated that the DHRC had been
left out of the forum and asked if the Commission could participate in such community events,
noting that another forum was coming up. Mr. Rodriguez stated that this would not be a problem.
Mr. Rodriguez informed members that there had also been a complaint about a termination in the
private sector, and the DHRC had no jurisdiction over this. He stated that the individual would have
to go to court and sue the employer if they thought this was necessary. Mr. Rodriguez explained that
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 3
another individual had not liked the assessment placed against her home, which she stated was based
on race. He noted that she had the right to appeal the assessment through the City’s Board of
Assessment Appeals. Mr. Rodriguez indicated that this individual complained that her car was
damaged by the City when painting in the area and that this was systematic abuse of police power
and discrimination based on national origin. He explained that it was up to this individual or her
husband to sue the City for damage to her vehicle.
Mr. Rodriguez advised that there had been an assault involving the Police Department, and this was
something to be handled by the Police Department and not the DHRC. He indicated that there had
been an attempted murder, three (3) different people had claimed that they had been threatened to
be killed, and this had to be handled by the Police Department or Attorney General’s Office.
Mr. Gaddis asked what Commissioners should do if a complaint is brought to one (1) of them.
Responding, Mr. Rodriguez stated his belief that members would have a duty to give the complaint
to the Commission to make a decision whether or not it was within the DHRC’s jurisdiction, and he
offered to provide a legal opinion if they had a question. He noted that in a situation where members
know definitely that a complaint is beyond their jurisdiction, such as a murder, they could state that
the DHRC is an advisory board and this does not fall within their jurisdiction.
Mr. Henderson noted that he, like Reverend Paige, is a pastor and would act as a citizen in a critical
situation, such as a murder or something that is life threatening. He noted that he is associated with
the Interdenominational Ministerial Alliance (IMA), which was involved in a number of social action
initiatives relating to things like fair employment and the hiring of the City of Dover Police Chief.
Mr. Henderson stated that he did not feel that he was “frozen” from acting. He indicated that he
considered serving on the DHRC as an additional responsibility for which he would have to go
through channels.
Mrs. Herbert advised that she was new to the Commission. Referring to Section C.2 of the City of
Dover Human Relations Strategic Plan - 2015-2018, she noted that this goal was to “Develop an
understanding with the State Human Relations Commission that will delineate the roles and
procedures of the two Commissions in the solution of alleged discrimination complaints which fall
within the jurisdiction of the State Human Relations Commission and identify and maintain specific
ways the two Commissions will work together.” She expressed confusion, stating that it seemed that
the DHRC was to advise the SHRC if an issue arose; however, it sounded to her that most things
should go to City Council, and she noted that she had gotten two (2) kinds of answers to this
question when she spoke to members of the SHRC. Mrs. Herbert asked if the DHRC is supposed
to advise the State Commission of problems the DHRC is experiencing, since the DHRC Strategic
Plan indicated that the two (2) Commissions were supposed to work together. She advised that she
was obtaining the names and phone numbers of people with whom she could talk regarding setting
up sharing with the SHRC but did not wish to do this if the DHRC was not supposed to do so.
Mr. Rodriguez noted that the SHRC is an advisory commission, as the DHRC is.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 4
Mrs. Herbert stated that it sounded as if the DHRC was supposed to advise Council, who would then
decide who has jurisdiction. Responding, Mr. Rodriguez advised that he did not think this was
necessary. He stated that if members were dealing with an issue that was beyond the DHRC’s
jurisdiction or had questions that they felt must be answered by the State, members could bring them
up with the SHRC. He provided a handout regarding State legislation relating to the creation of the
SHRC and describing its jurisdiction (Attachment #1).
Reverend Paige stated that the SHRC can investigate complaints of discrimination, which the DHRC
cannot do. Mr. Rodriguez advised that the SHRC was given subpoena power; therefore, if they want
to hear from witnesses in regard to complaints, they have the right to subpoena individuals to come
before them to give testimony. He stated that subpoena power for the DHRC was previously brought
up and Council decided that it was not necessary. Mr. Rodriguez indicated that members may want
to bring this issue up again; otherwise, if they were investigating a matter and asked a private person
to come voluntarily, this person would not have to do so. He noted that, if the DHRC had subpoena
power, individuals would be required to come before the Commission. Mr. Rodriguez stated that
he did not know Council’s thoughts on this, but subpoena power was probably something that
members ought to have, and they could make that request to the Council President if they wanted
to do so. He noted that they could utilize the fact that the SHRC has this power, stating that this was
the only way the DHRC could fully develop an investigation.
Mrs. Herbert stated her understanding that a lack of resources for the DHRC had been mentioned.
Mr. Rodriguez indicated that this may be so; however, he stated that Commissioners’ positions were
becoming more important all the time. He stated that the current times were more troubling than any
he had ever seen, which made the DHRC’s position more important in trying to solve the problems.
Reverend Paige expressed her belief that the missions of the SHRC and DHRC should walk together,
noting that the SHRC has jurisdiction over the State and the DHRC over the corporate City.
Responding, Mr. Rodriguez indicated that this was well put and that the commissions’ jurisdictions
were the same, except that DHRC’s powers were limited to the City of Dover and the SHRC covers
the State of Delaware. He stated that he thought the two (2) commissions were basically the same
in their purpose and jurisdictions and both were advisory boards, with the SHRC advising the
General Assembly and Governor and the DHRC advising the Council and Mayor.
Mrs. Herbert asked if everything in the Strategic Plan had to stay in there, stating that there were
several things that did not seem to make sense. She noted if that if the SHRC and DHRC were
working separately, she could see why they would communicate, but if they were performing the
same functions, with one (1) covering Dover and the other covering the whole State, she stated that
they would not really be interacting.
Mr. Rodriguez expressed his belief that Mrs. Herbert was right, stating that there had been occasions
in the past when the DHRC wanted to ask the SHRC how they thought the DHRC should act. He
indicated that the Commission could do this because the SHRC’s jurisdiction is Statewide, which
would cover the City of Dover.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 5
Mr. Rodriguez stated that Councilman Sudler had previously served as Chair of the DHRC, did a
fantastic job, and in 2012 held public meetings that covered two (2) critical topics: decreasing hate
crimes in Dover and gang violence and organizations. He explained that Mr. Sudler had set up
public meetings that were advertised and had knowledgeable speakers come, which Mr. Rodriguez
stated was a very good thing to do. Mr. Rodriguez suggested that members read the 2012 DHRC
Annual Report to City Council (Attachment #2), which was very comprehensive.
Mr. Henderson asked if it was important for Commissioners to have a closer relationship with
Council, and Mr. Rodriguez stated that he thought this would be good.
Mr. Rodriguez advised that if members had any questions or matters to discuss, he would be happy
to come to future meetings.
Mr. Henderson asked what goes through the minds of City Council members when selecting a
DHRC Commissioner. Responding, Mr. Rodriguez noted that factors are included in Chapter 58 -
Human Relations Commission, of the Dover Code. Mr. Henderson pointed out that
Sections 58-32(b) and (c) include provisions, and Mr. Fleming noted that Section 58-31. Purpose
states that the DHRC is “to include members who are broadly representative of the entire community
and who are committed to a philosophy of inclusion, intergroup cooperation, and fair treatment that
will effectively help the city.”
Mr. Fleming noted that Section 58-33(c) spoke to meetings of the DHRC and referenced five (5)
meetings per year. He asked what procedure members would follow if they agreed to request that
this section be changed, noting that this had not been discussed by members. Mr. Fleming suggested
a possible change to state, “The Commission will hold as many meetings as is necessary to conduct
the business of the Commission. Special meetings may be called by the chairman or three members
of the commission. No fewer than five meetings per year. Meetings shall be held at City Hall and
other places in the community in accordance with the laws of Delaware regarding the Freedom of
Information Act (FOIA) and City of Dover procedures. The Commission will distribute its agenda
and minutes through the City Clerk’s Office.” Mr. Fleming noted that when he had previously
served on the DHRC, members were able to have meetings outside of City Hall. He stated that
people had come to City Hall for meetings; however, the DHRC had also gone to other agencies or
community associations within the City. Mr. Fleming noted that members were now prohibited from
doing this. Responding, Mr. Rodriguez stated that the DHRC could request this to be changed by
writing out suggested wording for amending the code and submitting it directly to the Council
President, noting that the code could be revised through adoption of an ordinance by Council. He
indicated that members could do this at the same time they submit any other changes they think
necessary, such as the subpoena recommendation. Mr. Rodriguez indicated that he was unsure why
members were restricted to meeting at City Hall; however, he stated that he thought locations should
be limited to within the City of Dover. Mrs. Jody Stein, Administrative Assistant, City Clerk’s
Office stated that this provision may be due to the fact that meetings are recorded. Mr. Henderson
noted that recording and staffing by the Clerk’s Office could be a challenge.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 6
Reverend Paige asked why the DHRC was restricted from meeting outside City Hall and if other
commissions, such as the Planning Commission fall under the same rules. She also questioned the
rules regarding a gathering of more than a quorum of members. Reverend Paige asked if two (2) or
three (3) members must keep DHRC business out of their conversation if they are having a casual
dinner together because this would be considered a meeting. She indicated that she felt this
restriction was a violation of free speech. In response, Mr. Rodriguez stated the need to be very
careful, noting that it could be considered a violation of the Freedom of Information Act (FOIA) if
more than three (3) or four (4) members met, even if there was less than a quorum of members
present. Reverend Paige stated that she was having trouble understanding this, noting that she may
have dinner with a member or run into a member, and she asked if they were prohibited from
mentioning DHRC topics in a casual dinner setting. In response, Mr. Rodriguez stated that he did
not believe it would be a problem if a topic came up while members were socializing. He advised
that the rules of public notice would be violated if there was a planned meeting for several members
to discuss business that would come before the Commission. In response to Mr. Henderson,
Mr. Rodriguez advised that Council was under the same restrictions and must comply with the
Freedom of Information Act.
Mrs. Herbert asked how meetings are announced, stating that she had not seen an announcement in
the newspaper. Responding, Mr. Rodriguez advised that DHRC meetings are set up with the
Chairman. Mrs. Herbert questioned how citizens are publicly notified of DHRC meetings.
Responding, Mrs. Stein explained that meeting agendas are posted on the City of Dover website.
Mrs. Herbert advised that meetings of some other organizations are advertised in the paper. She
noted that some people do not have computers and some who might be interested are not involved
because announcements are not put into some other form of media.
Mr. Gaddis questioned how many citizens of Dover know there is a DHRC and expressed the need
to publicize the Commission’s existence and its meetings, and Mr. Henderson indicated that this
would be discussed later in the evening.
Mrs. Herbert moved to recess, seconded by Reverend Paige and unanimously carried.
Meeting recessed at 6:49 p.m.
Mr. Fleming moved to reconvene, seconded by Mr. Gaddis and unanimously carried.
The meeting reconvened at 7:00 p.m.
Mr. Henderson stated that he liked the idea of revisiting subpoena power for the DHRC and the
information that Council could change the frequency of meetings. Mrs. Herbert stated that the code
change that Mr. Fleming had suggested would give the DHRC more freedom. She noted the
problem with recording meetings but indicated that she did not know why this could not happen in
another location.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 7
Mr. Henderson advised that the DHRC had held more than five (5) meetings per year since he had
been a member. He noted that members had come and gone and stated that, for the sake of the
continuity of the Commission, he had suggested having meetings once per month.
Review of DHRC Strategic Plan 2015-2018 Long-Term Objectives and Development of Work
Plans
Mr. Anderson reviewed the Long-Term Objectives for the DHRC, as stated in the DHRC Strategic
Plan 2015-2018, noting that objectives A.1, A.2, C.3, and C.4 applied to the Government Policy,
Programs, and Practices Committee, chaired by Mr. Gaddis; objectives B.1, B.2, B.3 applied to the
Community Engagement Committee, chaired by Ms. Mullen; objectives B.4 and D.3 applied to the
Education Committee, on which Mr. Fleming was serving; and objectives D.1, and D.2 applied to
the Communications Committee, chaired by Reverend Paige. He noted that objective D.2 regarding
improving community awareness of the Commission and a better understanding of its role would
also fall within the scope of Ms. Mullen and the Community Engagement Committee. He stated that
long-term objectives that applied to the Commission as a whole were objectives C.1, C.2, D.4, and
D.5.
In regard to objective A.2 “Building on its partnership with the Dover Police Department, identify
additional human relations approaches and lessons that can be integrated into the Dover Police
Department’s ongoing Community Relations strategy,” Mr. Henderson suggested getting in touch
with the new City of Dover Police Chief and possibly having him come and speak to the
Commission.
In regard to objective C.1, “Define when a diversity, inclusion and or a human relations issue exists
and specify the types of these issues that will be accepted by the Commission; and, identify and
implement a process for receiving and responding to such issues by taking action to correct or
improve the situation,” Mr. Henderson advised that all members were responsible for this objective.
Mrs. Herbert asked how this would be done by all members. Responding, Mr. Henderson stated that
the problem would first have to be identified and members would come together to discuss it in a
meeting setting.
Mr. Henderson referred to objective C.2, “Develop an understanding with the State Human Relations
Commission that will delineate the roles and procedures of the two Commissions in the solution of
alleged discrimination complaints which fall within the jurisdiction of the State Human Relations
Commission and identify and maintain specific ways the two Commissions will work together.”
Mrs. Herbert stated that someone needed to liaison with the SHRC to accomplish this goal, noting
that it is hard to find the right person to talk to and she did not see this as a group activity, unless
subjects are identified for the group to deal with.
Mr. Henderson indicated that Mrs. Herbert had recently attended an SHRC meeting, and he was very
impressed with the input she provided regarding this event. He suggested that she would be an
excellent liaison. Mrs. Herbert stated she could do this and Mr. Henderson offered to attend
meetings with her.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 8
Responding to Mr. Henderson, Mrs. Stein stated that typically the items identified for action during
workshops are placed on subsequent meeting agendas for consideration.
Mr. Henderson offered to attend SHRC meetings with Mrs. Herbert. She stated that she hoped to be
able to sit down with someone from the SHRC, noting that the people in charge appeared to be in
Wilmington, rather than Dover, although she noted that Councilman Sudler was serving on the
SHRC. Mrs. Herbert advised that Mr. Calvin Christopher, Chair, SHRC, is a volunteer. She
indicated that if the DHRC would be referring items to the SHRC or if SHRC would be looking at
the DHRC’s actions because the DHRC is in the State, it would be nice to know that the DHRC is
doing things correctly. She requested that consideration of a DHRC liaison to the SHRC be placed
on the next DHRC agenda, and Mr. Henderson agreed.
Mr. Henderson referred to objective D.5, “Identify and seek funding from other governmental,
philanthropic, or private organizations to more effectively carry out its responsibilities.”
Mrs. Herbert indicated that she was not sure about fundraising as an objective, stating that the DHRC
would not be writing grants and was not keeping numbers regarding referrals. She stated that the
DHRC may know what the issues are in the community; however, empirical data would be needed
to obtain funding. Mrs. Herbert stated that, in her opinion, this objective should not be in the
Strategic Plan. Reverend Paige asked if this provision of the Plan was new. Responding,
Mr. Fleming stated that he did not recall this provision during his past service.
Mrs. Herbert stated that the Commission had enough to do without trying to raise funds, and
Reverend Paige indicated that she did not feel that this objective was needed. Mr. Henderson asked
if this provision in the Strategic Plan could be amended. Responding, Mrs. Stein advised that if
members wished to make changes to the strategic plan, they may want to consider this as a future
agenda item, gather all of their recommendations, and then submit them to Council.
Mrs. Herbert noted that there were three (3) potential changes to consider, including subpoena
power, Mr. Fleming’s suggestion about expanding Council meetings, and the elimination of
long-term objective D.5 in the Strategic Plan regarding fundraising.
In regard to the Community Engagement Committee, Mrs. Mullen stated that a DHRC brochure that
included bullet points regarding the Commission’s functions would be helpful in achieving her goals
and objectives. Mr. Fleming noted the Commission had previously had a brochure, and Mrs. Stein
noted that it had been attached to previous Commission minutes.
Mrs. Herbert advised that those who attended the Community Café Event at Wesley College had not
known that the DHRC existed. Responding, Mr. Henderson indicated that DHRC members had
been coming and going since he had been on the Commission and that membership had been
affected by Section 58-32(d) of the code, which states that no member of the Commission shall hold
any elected or appointed position.
Mr. Gaddis moved to recess, seconded by Mr. Fleming.
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DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 9
Meeting recessed at 7:28 p.m.
Reverend Paige moved to reconvene, seconded by Mr. Fleming.
Meeting reconvened at 7:34 p.m.
Mr. Henderson noted the desire to establish goals for the DHRC Committees and for the DHRC as
a whole.
In regard to the Government Policies, Programs, and Practices (GPPP) Committee, Mr. Gaddis stated
a goal of finding outside people to serve on the Committee. He advised that he would be unable to
accomplish the goals by himself and thought this applied to all of the committees. Mr. Gaddis
indicated that an additional goal was to be formally introduced to the City Manager, Human
Resources Director, Police Chief, and union representatives, stating the desire to meet both
management and labor.
In response to Mr. Gaddis regarding where to access the City’s Code of Ordinances, Mrs. Stein
explained that there was a link to the City’s municipal code on the home page of the City of Dover
website.
Mr. Gaddis referred to objective C.4, “In cooperation and partnership with community organizations
and public and private mediation services, assist in developing plans for monitoring sources of
intergroup conflict and for responding to and managing community conflicts and disruptions in
Dover; and participate in managing community conflicts in accordance with these plans.” He
indicated that, in order to accomplish this, he needed to know what formal organizations are known
to the City of Dover. Mr. Gaddis stated that he was aware of the Sankofa African Dance Company
and several churches that were community organizations but was unsure about others. Mrs. Herbert
suggested that the newspaper may be helpful.
Ms. Mullen asked if Mr. Gaddis was thinking of Masonic lodges, etc. Responding, Mr. Gaddis
indicated that he was thinking of lodges, as well as Asian-American and Hispanic organizations. He
noted that there is an African American Festival in the City but was unsure if there was an Asian or
Hispanic festival and questioned whom he should contact. Responding, Mr. Henderson advised that
this goal applied to several of the committees, noting that members should help and communicate
with each other. He explained that Reverend Paige is a fellow member of the clergy and that he and
Reverend Paige serve on numerous commissions, including the very active Interdenominational
Ministerial Alliance (IMA). Mr. Henderson advised that Reverend Paige is very involved in the
community, as are her sister, Dr. Wilma Mishoe, and her nephew, Councilman Sudler. He indicated
that members could find this information on their own and share it with each other.
Ms. Mullen informed members that she had an opportunity to participate in a radio talk show
segment and asked if this would be permissible. Responding, Mrs. Stein indicated that this could
be placed on a meeting agenda for members’ consideration and, if they chose, this could be
recommended to Council.
Page 80
DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 10
Mr. Henderson cautioned members to be careful with social media, such as tweets. He advised that
a previous commissioner had issued a politically slanted social media message, which caused
problems; however, he stated that he did not have a problem with Ms. Mullen’s proposal.
Ms. Mullen stated that one (1) of her goals was to increase awareness within the community through
radio, brochures, and literature, and she indicated that this would overlap with Reverend Paige’s
goals for the Communications Committee. Mr. Fleming advised that this goal would also overlap
with the Education Committee’s goals.
Reverend Paige advised that the Communications Committee would be involved with every
committee, because they would each have information to disseminate and the Communications
Committee could help with this. Referring to Commissioner Mullen’s idea about a brochure, she
explained that all members would work together to promote this. Reverend Paige stated the need
to be careful with social media; however, she noted that it could be a valuable tool. She indicated
that an expungement clinic had recently been held that serviced more than 100 people, and most of
the participants found out about it on social media through flyers that were posted on a Facebook
page. Reverend Paige explained that the IMA has a social action page that she updates when there
are events. She stated the need to use social media for informational purposes, such as advertising,
and not for editorials.
Mr. Fleming stated that members’ new business cards would also help to increase awareness.
Ms. Mullen stated the goal to educate the Dover community concerning the purpose and mission of
the Commission. She noted that there is an African American Festival in Dover and suggested the
possibility of holding a Unity Day to bridge the community. Mr. Henderson suggested that
Ms. Mullen contact Mr. George Bailey, who works at Sam’s Club, in this regard, stating that
Mr. Bailey has information about various observances and could be a resource for the Community
Engagement Committee. Ms. Mullen indicated that this type of event would benefit the City as an
attempt to alleviate discrimination by acknowledging the differences that make people unique. She
suggested naming the event “Diversity Day,” and Mrs. Herbert stated that she had been thinking
about “Unity Day,” but also liked “Diversity Day.” Reverend Paige indicated that she liked “Unity
Day.”
In regard to goals for the Education Committee, Mr. Fleming stated that he thought handing out
members’ new business cards to different groups and individuals would help to get the news out to
a degree. He noted that he also liked the brochures that the DHRC had previously distributed, noting
that members could set up a table outside of Walmart or Sam’s Club to distribute brochures and
answer questions. He asked if the Commission had a budget to print in the newspaper the fact that
there is a DHRC, who the members are, and their numbers.
Mr. Fleming asked if people from the community had come to the Commission in last six (6) months
or year stating that they had a problem or concerns relating to diversity, inclusion, or prejudicial
treatment. Mrs. Herbert stated that the DHRC should put out something stating that they exist;
however, she was concerned that people would then begin to come to the DHRC, and she expressed
Page 81
DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 11
the need for liaison with the SHRC. In response, Mr. Fleming advised that, during his prior service,
the DHRC did not deal much with the SHRC. He explained that the SHRC was not unwilling to
help, but they had other matters to attend to and the DHRC was dealing with Dover concerns. He
noted that when people raised concerns about having to pay too much for their gas bills, the DHRC
had a seminar where individuals from Chesapeake Utilities explained how to save money for heating
and oil. Mr. Fleming indicated that people must be from Dover in order for their DHRC to hear their
complaints or concerns.
Mr. Fleming indicated that he was developing goals for the Education Committee but was open to
suggestion. Mr. Henderson suggested that all members publicize any symposiums, studies, or
programs offered by the University of Delaware or DSU about diversity, Hispanic appreciation,
African-American history, etc. He noted that the Dover Public Library might be another good
resource for the Education Committee, noting that they are in touch with various commissions and
programs. Mr. Henderson advised that the DHRC had helped to sponsor a “Cracking the Code” film
through the library and suggested that the library be asked what opportunities they may have relating
to the DHRC’s goals.
Mr. Fleming noted that he had taught as an adjunct at Wilmington University in multicultural
education for people going through the career and technical degree program. In addition, he
indicated that he and would not object to talking with the Capital School District to see if there was
something Mr. Fleming could do or some medium that the District could use to get the word out
about the DHRC.
Mr. Henderson noted that he serves as the current President-Elect of the rotary, and that
Mr. Dan Shelton, Capital School District Superintendent, is also a member and wants to work with
the DHRC. Mr. Henderson invited each member of the DHRC to attend a rotary meeting as his
personal guest, noting that the Mayor, City Councilmen, lawyers, doctors, etc., attend these meetings.
He advised that meetings are held at Maple Dale Country Club at noon on Thursdays and that this
would be another way to engage and educate others.
Mrs. Herbert noted that Mr. Henderson had mentioned putting out information regarding diversity,
etc., and asked how this would be done. She asked if the DHRC had a website. Responding,
Mrs. Stein explained that the DHRC has a webpage on the City of Dover website and could post
content through the City Clerk’s Office.
Mr. Fleming pointed out that the website was listed on members’ business cards; however, a great
many people do not use website intel.
Mr. Gaddis asked if website content would have to be discussed in a meeting, voted on, and
approved by Council. He noted that this would involve a series of steps, and it may take a while for
information to be posted if there was not a Council meeting at the right time. Responding,
Mrs. Stein stated that she was unsure if this would be required for the posting of events, since the
webpage had not been utilized for this purpose. She suggested that members agree on an overall
vision of how they would like the webpage to look, noting that this information would be forwarded
Page 82
DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 12
to Council with the Commission’s minutes. Mrs. Stein stated that it may then be possible to just
update information that has been posted. Mrs. Herbert stated the desire to cover all things and be
inclusive with content.
In regard to goals for the Communications Committee, Reverend Paige indicated that she saw her
position as working with the other committees and promoting them by helping them to get the word
out. She stated that the DHRC’s mission should be on the website, as well as upcoming activities.
Reverend Paige also suggested including information to help residents, noting that the first thing that
occurred to her was how to apply for housing.
Mr. Fleming suggested submitting a picture of the Commission, including their members’ names,
in The Dover Post or Delaware State News and inviting people to come to a meeting. He indicated
that the DHRC could have a booth at the Dover Days festival and pass out business cards and
brochures, noting that this would be expensive. Reverend Paige indicated that Restoring Central
Dover’s Community Day would have been a good opportunity for a DHRC table.
Mr. Henderson asked if members had held a workshop before. Responding, Mr. Fleming indicated
that this had not occurred during his prior service, and Mr. Henderson stated that this had not
occurred during his service either.
Mr. Henderson stated the desire for members to support and encourage each other as they pursue
goals. He noted that having subpoena power would be powerful. Reverend Paige expressed her
opinion that things must be worked in gradually and suggested making small changes and doing this
well, before asking for something else. She suggested allowing Council to see the benefits and
advantages of granting DHRC requests, noting that the DHRC may be rejected if they ask for
everything at once. Mr. Fleming concurred, stating that if subpoena power was requested, Council
would ask members whom they wanted to subpoena, and he did not think subpoena power was
needed now. Mrs. Herbert noted that when it is found that the DHRC has subpoena power, members
would be seen as those who pull people in and subpoena them, rather than being there to help people.
Mrs. Herbert referred to Mr. Fleming’s comment about a presentation that had previously been given
regarding home heating. She indicated that she liked the idea of networking in this way and having
presentations that helped to connect people with resources, such as the “Bridge the Divide
Community Café” at Wesley College, where professionals in separate rooms had discussed topics
and answered questions for those who were interested. She noted that, during the first portion of the
event, there was also discussion about what people saw as creating a divide as opposed to bridging
it. In response to Mr. Henderson regarding contact information for those involved in the event, she
stated that she was awaiting information from the event and would provide it to members. She noted
those who attended included individuals from the SHRC, community police officers, and individuals
from the Department of Housing and Urban Development, Dover High School, and DSU, and
Reverend Will Grimes from NCALL.
Reverend Paige suggested that members work during the next six (6) months on workshops and
awareness programs, by either inviting people in or going to them, or perhaps doing a combination.
Page 83
DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 13
She indicated that this would be a good way to start getting the DHRC’s name out and show what
they are doing. Reverend Paige advised that this would impress Council, and the DHRC could then
move on to the next items that members want to get done. She suggested having someone come to
talk about landlord/tenant issues or discuss the landlord/tenant code. Reverend Paige indicated that
residents are supposed to receive a copy of this code when they pay their deposit and sign their
agreements; however, many landlords do not provide it.
Responding to Mr. Henderson regarding the possibility of setting a goal to sponsor these types of
symposiums or educational experiences, Mrs. Stein expressed her opinion that this is what the
Commission was all about. Mrs. Herbert asked if it was desired to get involved with those who
sponsored the Community Café, and Mr. Henderson indicated that it was.
Mr. Gaddis expressed the need for members to sell the DHRC to Council, stating that he was unsure
if Council thought they were of any importance, and Mr. Henderson concurred. Mr. Henderson
stated the desire for Council to recognize the DHRC as a significant committee working toward its
goals and the good of the community.
Mrs. Mullen stated that she had formulated relationships with Councilmen Cole and Neil and the
Mayor, and had recently done this with Councilman Sudler. She indicated that it had taken action
on her part to do some engaging, and they had gotten to know her and what part she was playing in
the community. Ms. Mullen indicated that her neighborhood association board had met at City Hall
with the Mayor and Police Chief and noted that these individuals will engage. Mrs. Herbert advised
that the Representative Sean Lynn comes to many events as well.
Reverend Paige indicated that if the DHRC was involved in these kinds of activities they would be
able to show Council exactly what they are engaged in rather than telling them.
Mr. Henderson noted the importance of putting information on the website, online, and in the
newspapers so that the DHRC will be recognized in the community. He stated the desire to
accomplish what the Commission was charged to do and for members to feel empowered.
Reverend Paige suggested prioritizing by picking three (3) or four (4) things and doing them well,
rather than having members overextend themselves.
Mrs. Herbert suggested that Unity Day be a goal that members would work toward in the future. She
indicated that this should be a cumulative goal following the first year or year-and-a half.
Reverend Paige and Mrs. Herbert suggested that all members obtain Commission shirts, and
Mrs. Herbert suggested that members wear them in a parade, such as a Christmas parade. Mrs. Stein
explained that former Commissioner Bogle arranged to have City of Dover shirts embroidered for
members through Dover High School and asked if another member would be willing to take on this
task. Responding, Mr. Henderson indicated that he would be willing to do so.
Page 84
DOVER HUMAN RELATIONS COMMISSION
MEETING OF MAY 25, 2017 PAGE 14
Mr. Henderson thanked Mrs. Stein for her efforts in support of the Commission. He noted that he
would be helping all of the committees. Mr. Henderson advised that three (3) vacancies remained
on the Commission, in the First, Second, and Fourth Districts, and stated that he would encourage
Council to appoint more members.
Mr. Henderson asked if members wanted to continue meeting on a monthly basis or take a summer
break. After discussion, members agreed to schedule their next meeting for June 22, 2016.
Public Comment
There were no members of the public present wishing to comment.
Mr. Gaddis moved for adjournment, seconded by Mrs. Herbert and unanimously carried.
Meeting adjourned at 8:30 p.m.
Theodore A. Henderson
Chair
TAH/JS/dd
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\HUMAN RELATIONS COMMISSION\2017\05-25-2017 DHRC Workshop Minutes.wpd
Attachments
Attachment #1 - Handout - State Legislation Regarding the Creation and Jurisdiction of the State Human Relations
Commission provided by Mr. Nicholas Rodriguez, City Solicitor
Attachment #2 - 2012 DHRC Annual Report to City Council
Page 85
ATTACHMENT #1
Dover Human Relations CommissionWorkshop of 05/25/2017
STATE HUMAN RELATIONS COMMISSION
This Commission is created under 31 Del. C. §3001 and consists of 28 Members with
powers and duties to cooperate with the Governor, the General Assembly , public agencies, civil
groups, etc. To this end, the Commission may act as a conciliator in matters involving race, age,
marital status, color, sex, disability , creed, national origin or ancestry, provided that they comply
with the provisions of the Freedom of Information Act. They may make investigations, surveys,
and studies as are permitted in the performance of its duties, to make recommendations to the
Governor and General Assembly concerning needed legislation. So, really , the State Human
Relations Commission is also an dviso:cy group; although, in investigating cases within their
jurisdiction to give advismy recoinmendations, they have the subpoena power to get witnesses to
testify before fhe Cominission. At one point, a motion was made to give the Dover Commission
the subpoena power. This was never implemented by Council.
Page 86
ATTACHMENT #2
Dover Human Relations Commission Workshop of 05/25/2017
DHRC 2012
ANNUAL REPORT
Presented by: Roy Sudler, Jr.
Title: Chairman
Date: March 25, 2013
Page 87
Contents of Presentation
1. Origin of the Commission
2. Enabling Legislative Powers and Duties
3. Operating Procedural Flowchart
4. Intake Forms Reported
5. Complaint Against DHRC
6. DHRC Concerns and Recommendations
7. Certificates of Training
8. Special Forum on How to Report Hate Crimes
9. Proposed Resolution and Funding
10. Questions
Page 88
Origin of the Commission
2001 - Controversial Death of Dover Resident
Reginald Hannah vs. Dover Police Department
A). Death Threats and shots fired towards Dover
Police Officers
B). Racial Tension Between the African and
Caucasian American Community
Page 89
Enabling Legislative Powers & Duties
1. Pursuant to Chapter 2 – Administrative, Article I, Division 6,
Section 2 – 21 and Article II Section 58 – 31
Titled: Human Relations Commission’s Purpose;
2. DHRC – Commissioners:
Dr. Kim Warfield, Dr. Phyllis Edamatsu, Dr. Linda Hackett,
Mrs. Faye D. White, Ms. Justina Brewington, Mr. Thomas Steele,
Mrs. Ellen O. Wasfi, Vice – Chair Dawn Allen Pyne and Chairman
DHRC Roy Sudler, Jr.
Page 90
DHRC - Active Committees;
Intake Screening Committee Chair [Dr. Kim Warfield]
School Programs Chair [Ellen O. Wasfi]
Assessment Chair [Dr. Phyllis Edamatsu]
Community Programs Chair [Vice Chair -Dawn Allen Pyne]
Fiduciary Duties of DHRC Commissioners:
Each Commission Member has a fiduciary duty to be non-bias in
investigating and resolving case disputes. Commission Member’s
exemplify unique professional and personal characteristics, that are
imperative for allowing the commission to properly carry out and
effectively accomplish the objectives, functions, and services
contemplated by Division 6, Section 2-21 of the Dover Code.
Page 91
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Page 92
DHRC Intake Forms Reported
• 3/5 Index Cards
1 Promoting Racial Tension
• Alleged Police Brutality
2 Complaint against Dover
Police Department
• Henry Fordham’s Alleged
3 Lynching and Hate Crime
Complaint [pg. 29 – 35]
Page 93
3/5 Index Cards Promoting Racial
Tension
Page 94
Complaint Filed against the
Dover Human Relations
Commission
Filed with the City Clerk’s
Office by Mr. Eshed Alston
of Dover, Delaware.
(Review Page 33)
Page 95
DHRC – CONCERNS
1. FLOWCHART BEING ADHERED TO PURSUANT TO
THE CITY OF DOVER’S BY-LAWS FOR THE DOVER
HUMAN RELATIONS COMMISSION
ARTICLE IV- COMMISSION INTAKE, NOTICE AND
MEETING PROCEDURES
SECTION : 1 [BRINGING FORTH MATTERS]
VII. FORMS
2. ARTICLE II SECTION 58-33. ORGANIZATION;
QUORUM; MEETINGS; RULES OF PROCEDURE;
LIMITATION OF FUNCTIONS; AGREEMENTS;
COMPENSATION; LEGAL COUNSEL; REPORTS.
(E) LIMITED FUNCTIONS OF THE COMMISSION
Page 96
Landlord/Tenant
Training 2012
Presented by the
Law Office of
Michael P. Morton,
PA.
mmorton@michae
lpmorton.com
(302) 426.1313
Page 97
I NVESTIGATI NG AND PROSECUTI NG HATE CRIMES
t>t?l.;;tw<-r e $ 1:..,.te U •-,iv""r,;.it v
M artin Lu 'th ar King,. J r. S t \.ld•nt S • rvicci C e nte:r
1 2.00 N. O uPc;.nl Highw :;1v
D o'Ver, Delaw a1·e
8 : 00 - 9 : 00 zt.m. R EGIST RATION
9 :00 - 9:ao·a.m. OPENING REMARKS
Ch ;.1r· l t: ~ M . Obt;!1' ly, Ill, Unile d Sta t e s /\ t tor'ney, D i strict o f Celawa1·e
Matt: Nosanchuk, Senior Cou nselor, C l vll Rig hts Division, USDOJ
Delaware state u n 1vers11v H.ep r esen t ;.1tivl!
9 : 30- 10:15 a.m. LEGAL OVE:RVICW" OF FEDERAL HAT E CRIMES LAW
My(,,:$ ho:i Br-;;ic:h::n, T 1' i a l A l1.ofne y, USOOJ d vil 1-tieh ts t>iv l slon
10:1 5 - 10:"15 a . m. FBI Brl41lf ins - FBI' $ Role i n thv l nvo s;tig;.ltion o f M;,atco= Crime.:~
C>,.c w W ilt t~, .$1,.Jpc rvi:.Qry $J.lt;!Ci :.t l Agef1l , F BI HQ
10 :45 - 11:00 BREAK
1.2.: 00 - 12.:00 p . n1. HAT E CR.IMC c:ASt. STUDY
Shr: n(1,,t:lvoh Hnlr• C:riln t-t
M')•e!".h a Br'ad en, Tr'lal Attorney, USDOJ Clvll Rights Division
F BI Special Agent Alan Jones
12:00 - 1:1 5 p.M. LUNCH DREAI{ (on yOul" own)
1:15 - 2 :'15 p . m. SPECIAL GUEST SPEAKERS
Shcrlft Di>ve O 'Millley - to,.rnt:r Ch i ~t o f Poli c.;e;:, Lt1r ttmic:, Wyornin.g
J11dy S I H..!J'.t;• r •'J - M c,t h c'!r' M :1llh t:~W She p .<t1' d
2.:45 - 3.:00 p .m . BREAK
3 : 00 - 3 :4S p.m. TOWN 1-IAL&..! FOSTERING COOPCRATION OIITVVE EN LAW EN FOR.CEME NT .and
t h~ COMMUNITY
rV1o d e ,·.,.t o r: C h.'1,le r. M . C'.>be r'l 'y. I ll, United States /\tl ot·nev, Dis t , ict of D e l.'•\..... a r·t'!
Panellsts: T ricia G i bbs, Supervisory Specfal Agent, F BI,. Delaware
Harpreet Singh Mokha, Reglonel Di rector, Community R.elat lons Service
A.orno fH) S . F ulln"li'r'l, O i r e c.tor, C>e tawi're O ffi c e of H1.t n"lan Ke l ~ tio ns
t<en Haltom~ 0--iief Prosecutor, Kent County, OE Oepartn'lent of Justice
3:45 - 4:00 p.m . CLOSING REMARKS
Page 98
***********************************
COMMUNIITY & STUDENT
INVOLVEMENT IN RESOLVING
RACE HATE CRIMES
IN COMMUNITIES & HIGHER
LEARNING INSTITUTIONS
***********************************
PARTNERSHIP:
DE – Department of Justice
House of Representatives – 31st District
SHRC – Human Relations Commission
DSU – Police Department
DSU- Counseling Department
DSU- Freshman Student
Dover Community Leaders
[Pg. 18 – 29]
Page 99
Private Sector –
Salisbury Rd.
Page 100
Private Sector
South DuPont Highway
Page 102
Private Sector
North DuPont Highway
Page 103
Private Sector
South Little Creek Rd.
Page 104
RESOLUTION:
CESSATION OF
ILLEGAL GANG
FORMATION IN
DOVER, DELAWARE
*******************
Whereas; The City of
Dover, the State Capital,
strives to be a model for all
Cities in Delaware and the OJJDP FY 2012 Defending
United State.
Childhood Resource Center:
Whereas; The Mayor and
City Council have granted
Powers and Duties to the Improving the Nation’s
Dover Human Relations Response to Children
Commission, Pursuant to Expose to Violence.
Article II. Sec. 58-31.
Page 105
That Concludes the Dover Human
Relations Commission’s
Annual Report
Page 107
DHRC 2012
ANNUAL
REPORT
SUBMITTED BY: CHAIRMAN ROY SUDLER, JR.
DATE: 2 / 27 / 2013
1
Page 108
ANNUAL REPORT 2012
INTRODUCTION:
The Dover Human Relation Commission [DHRC] is an advisory body created by the
Mayor and City Council in the year 2001. The Commission’s charge is to focus on
helping to decreasing racial tension and discrimination throughout the City of Dover.
Pursuant to Chapter 2 – Administrative, Article I, Division 6, Section 2 – 21 of the
Dover Code; The Commission has been granted the powers and duties to investigate
claims of unfair treatment and develop ways to monitor intergroup conflict among all
segments of the City of Dover.
The purpose of the Dover Human Relations Commission is to serve as the focal point for
monitoring amicable relations between diverse races in the City of Dover.
The goal of the commission is to increase the quality of living for all constituents of
Dover by reviewing city programs, activities, functions and ordinance to enhance
communication and encourage cooperation among all residents of Dover.
The Commission consists of members appointed by 15; Mayor: 5 Members; Council
President based upon recommendations of Council: 10 Members/Confirmed by Council
that reside in the Dover for a three year term, which commissioners serve without
monetary compensation.
The current members of the Dover Human Relations Commission include Mr. Roy
Sudler, Jr. – Chairman, Mrs. Dawn Allen Pyne – Vice Chairwomen, Dr. Kim Warfield,
Dr. Phyllis Edamatsu, Dr. Linda Hackett, Mrs. Fay D. White and Ms. Justina Brewington
and Ellen O. Wasfi.
All Commission Members have experienced the long term demands often requiring
considerable time, extended periods and dedication to addressing multi – faceted unfair
treatment claims and racial tension in the City of Dover. The Commission’s efforts are
aimed at those who are suffering from discrimination and racial tension in the City of
Dover.
Each Commissioner has a fiduciary duty to be non-bias in resolving case disputes and
suggest alternative dispute resolutions between all parties. Commissioners have unique
professional and personal characteristics that are imperative for allowing the commission
to properly carry out and accomplish effectively the objectives, functions, and services
contemplated by Division 6, Section 2-21 of the Dover Code.
2
Page 109
The Commission has four active committees;
1. Intake Screening Committee Chair [Dr. Kim Warfield]
2. School Programs Chair [Ellen O. Wasfi]
3. Assessment Chair [Dr. Phyllis Edamatsu]
4. Community Programs Chair [Vice Chair -Dawn Allen Pyne]
The Commission’s enabling legislation powers and duties are pursuant to code –section 58
31– 33, which states the following:
ARTICLE II. HUMAN RELATIONS COMMISSION
Sec. 58-31. Purpose.
The city council has deemed it to be in the best interest of the city to establish a human
relations commission to include members who are broadly representative of the entire
community and who are committed to a philosophy of inclusion, intergroup cooperation,
and fair
treatment that will effectively help the city meet the following needs:
(1) Fairness, respect. Promote and develop an environment of fairness and respect
among its citizens;
(2) Monitoring. Develop ways to measure and monitor community relations,
particularly those that are sources of intergroup conflict;
(3) Intergroup relations. Involve all segments of the community in understanding and
appreciating the benefits of positive intergroup relations;
(4) Issues. Offer a range of programs and services that will help its residents and
neighborhoods prevent and resolve issues of human relations; and
(5) Intergroup conflict. Develop ways of anticipating, preparing for, and relieving
community tensions arising from intergroup conflict.
(Code 1981, § 2-16; Ord. of 2-11-2002)
Sec. 58-32. Established; composition; appointment; representation;
holding
other office; removal from office; terms of office; vacancies;
reappointments.
(a) Established. There is hereby established an advisory commission to be known as the
"City of Dover Human Relations Commission," to carry out the objectives as described in
this article.
(b) Composition; appointment. The commission shall consist of 15 members, all
residents of
the city. Five of these members shall be appointed by the mayor and confirmed by the
city council. Ten of these members shall be appointed by the president of the council,
based upon recommendations from the council and confirmed by the council.
(c) Representation. In selecting the membership of the commission, the mayor and
president of the council and the council shall take particular care to ensure that the
commission is broadly representative of racial, religious, gender and ethnic groups
residing in the city.
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(d) Holding other office; removal. No member of the commission shall hold any elected
or
appointed office under the government of the United States or the state, county, or city,
or be a candidate for any such office. The mayor or the city council president may
remove members of the commission, with the concurrence of the city council, for
substantial neglect of duty, or gross misconduct in office.
(e) Terms of office; vacancies. A member of the commission shall be appointed for a
term of
office of three years and until his successor has been appointed and has qualified. The
appointees shall be appointed for staggered terms of office. When a vacancy occurs in
the membership of the commission, it shall be filled by appointment for the unexpired
portion of the term in the same manner as the original appointment.
(f) Reappointments. Members may be reappointed.
(Code 1981, § 2-17; Ord. of 2-11-2002)
Sec. 58-33. Organization; quorum; meetings; rules of procedure; limitation
of functions; agreements; compensation; legal counsel; reports.
(a) Organization. The human relations commission shall annually elect its own
chairperson
to preside over its meetings and may create and fill such other offices and committees
among its members as may be found necessary and proper for its effective organization.
(b) Quorum. A majority of the membership of the commission shall constitute a quorum
and,
if a quorum is present, a vacancy on the commission shall not impair the right of the
remaining members to exercise all the powers of the commission.
(c) Meetings. The commission shall hold such meetings as may be deemed necessary
for
the completion of its purposes, responsibilities and functions. Regular meetings shall be
held at least once per month unless there is no business to be considered by the
commission. Special meetings may be called by the chairperson or three members of
the commission.
(d) Rules of procedure. The commission is also authorized to adopt rules of procedure
for
the conduct of its meetings.
(e) Functions limited. The commission shall not involve itself in activities or functions
already
assigned by law or decree to other governmental bodies.
(f) Agreements. The commission may enter into agreements and build partnerships with
other entities and organizations for the purpose of more efficiently and effectively
carrying out its responsibilities.
(g) Compensation. Members of the commission shall receive no compensation.
(h) Legal counsel. The city solicitor shall provide legal counsel to the commission and
shall
be the legal representative of the commission in connection with its duties hereunder, on
a case-by-case basis, or determine that outside counsel is needed and obtain such
outside counsel for a particular matter.
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(i) Reports. The commission shall make such reports to the mayor and city council as
shall
be periodically necessary. An annual report of its accomplishments and a summary of its
recommendations, as appropriate, shall be sent to the mayor and the city council.
(Code 1981, § 2-18; Ord. of 2-11-2002)
On January 3, 2012, @ approximately 3:44 p.m., Dr. Joe Burden Jr. called the Dover
Human Relations Commission Chair to discuss a 3/5 Index Card that was found on his
property by one of his residents. The Index Card displayed an image of a person of color
hanging from a tree by a rope tied to his neck. After listening to his concerns, I advised him
to submit the Index Card to the Human Resource Department or City Clerk’s Office for
review.
On January 16, 2012, @ approximately 7:00 a.m., The Commission attended the 29th
Annual Martin Luther King Jr. Payer Breakfast, which was highly attended and
outstanding. The Alpha Phi Alpha Fraternity Inc. Zeta Rho Lambda Chapter did an
excellent job. For our own Vice Chair Willie Jones was the MC of the Prayer Breakfast.
On January 18, 2012, Chair Sudler received an E-Mail from the City of Dover’s Human
Resource Department indicating that both Intake Forms were sent to the City Solicitor’s
Office for review. The City Solicitor advised the City Clerk’s Office to remove both
intake forms from tonight’s agenda. It was decided that the intake forms and concerns
should be forwarded to Chief James E. Hosfelt Jr.
On January 25, 2012, Chair Sudler called Council President Tom Leary to schedule an
appointment to discuss recommendation number 1 on Chair’s Self Review of the DHRC.
On January 26, 2012, @ approximately 3:30 p.m. Council President Tom Leary and
Chairman Roy Sudler, Jr. met to discuss a possible date and time for the DHRC and City
Council to sit down together and review the purpose, functions, and responsibilities of the
DHRC in accordance with the Powers and Duties Granted by the Mayor and City Council
for clearer detailed guidelines.
The meeting went well and I am looking forward to establishing a healthier relationship
between the Mayor, City Council and the Dover Human Relations Commission.
February 2012 Meeting was cancelled
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On March 3, 2012 @ approximately 2 p.m. at Wilmington University’s Duberstein
Admissions Center; 320 North Dupont Highway Newcastle, Delaware, Chair Sudler
attended a theatrical play called “GIVE ME THE BALLOT... MY VOICE MATTERS”
Featuring the life-story of Fannie Lou Hamer
Performed by: Mzuri Moyo and Healing Through Sound Music, Inc.
The life-story of Fannie Lou Hamer focused on slavery, the importance of a good education.
On March 3, 2012 @ approximately 7 p.m. @ Central Middle School located in Dover,
Delaware, Chair Sudler and Commissioner Dr. Kim Warfeild attended the Theatre Play
“Torn Between Two Fathers”, which elaborated on a Social Problem that most of our youth
and capital school district students face when their mother does not disclose the truth about
their child’s biological father.
On March 7, 2012, @ approximately 9:16 a.m. Chair Sudler left a voicemail message for
Chief Harry Downs of the Delaware State University Police Department to offer him the
opportunity to express exactly how imperative it is to cooperate with law enforcement
agencies when helping to resolve race hate crimes and other related incidents.
On March 12, 2012 @ approximately 11:45 a.m., Chair Sudler spoke with Curtis Coleman
who retired from the Capital School District as a Counselor for Dover High School 1980 –
90 in regards to remedies for dealing with emotional and social challenges after being a
victim of a race hate crime. Mr. Coleman said that “he would be more than willing to present
on that topic”.
On March 12, 2012 @ approximately 4:03 p.m., Chair Sudler visited Delaware State
University’s Counseling and Public Safety Division see if they would be willing to partner
with the City of Dover’s DPD & DHRC to discuss the value of Community and Student
Involvement when helping Law Enforcement Agencies in resolving race hate crimes and
other related incidents.
On March 12, 2012 @ approximately 7:00 p.m. Chair Sudler and Commissioner Fay D.
White attended the City of Dover’s Council Meeting. Some of the issues discussed were
1. Housing for Sex Offenders and Zoned Areas being viewed as Concentration Camps
2. Request for Extensions on Time Allotted to Cure City Housing Violation Codes
On March 28, 2012, @ approximately 9:24 p.m., the DHRC voted to partner with the
Social Action Commission of Mt. Zion A.M.E. Church, Outreach Ministries and the Dover
Police Department in an effort to discuss implementing strategies and programs for
Residents of Dover to “Stop the Violence and Turn In Unregistered Firearms” to the Dover
Police Department without any repercussions for Offenders and Non – Offenders of the
Law.
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On April 27, 2012, @ 8:00 a.m. – 4:00 p.m., Chair Sudler participated in a free training
seminar on Investigating & Prosecuting Hate Crimes. The training was excellent and very
informative.
The training covered an array of topics such as the need for Non-Governmental
Organizations to be more involved and aware of the statutes and laws involving hate crimes.
[Please review attachment for training outline]
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On May 14, 2012, @ 6:00 p.m. - 6:45 p.m., Chair Sudler was invited by 4th District
Councilman David Anderson to attended a press release meeting that focused on a free drug
prescription card that provides additional healthcare services at a discounted rate for not
only residents of Dover, DE but also, surrounding areas.
[Please review attachment for further information]
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On May 14, 2012, @ 7:30 p.m. – 9:30 p.m., Chair Sudler, and Commissioner Fay D. White
attended the City Council Meeting to witness and congratulate the new and re-elected
council persons for the City of Dover‘s 2012 Council. 31st District House of Representatives
– Daryl Scott was present as well.
On May 15, 2012, @ 6:00 p.m. – 8:30 p.m., @ Dover Downs 4th Floor; Chair Sudler,
attended an award banquet and appreciation gathering for various interfaith and outreach
ministries that have made a significant impact on the lives of homeless people and the less
fortunate in the Dover Community. One of the recipients was Dr. Kim Warfield of the
Dover Human Relations Commission.
On May 19, 2012, @ 12:00 – 4:00 p.m., Chair Sudler, Commissioner Dr. Hackett and
Commissioner Justina Brewington all participated in the “March for Jesus Christ” which
was an excellent well organized event that exemplified diverse religions and people
interacting with each other in peace and harmony; it was an excellent event well-
orchestrated.
On June 18, 2012, @ approximately 8:05 a.m., Chair Sudler received confirmation from
Ken Halton Esq. that he would be more than willing to be a panelist and partner with the
DHRC at our special forum on sexual orientation, race, and other related incidents of hate
crimes.
On June 19, 2012, @ approximately 12:23 p.m., The Commission sent out letters to the
final three candidates for part-time contractual assistant [See Next Page for Example]
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June 1, 2012
Dover Human Relations Commission [(302) 736.7008]
15 North Plaza City Hall
Dover, DE 19904
???????????????? [(302) - ]
309 Julia Way
Smyrna, DE 19977
RE: Part – Time Contractual Assistant - DHRC
Dear ???????????:
Please be advised that your resume for Contractual Assistant for the Dover Human
Relations Commission has been selected as one of the final three applicants approved.
The final three applicants will be required to observe a DHRC meeting and submit their
example of minutes to the Commission.
The commission will review all applicants’ demonstration of minute taking and make a final
selection by July 9, 2012, by 8:00 p.m.
Upon your earliest convenience, please contact the City Clerk’s Office to confirm that you’re
still interested in providing your contractual assistant services.
Thank You
Respectfully,
Roy Sudler, Jr.
DHRC – Chairman 2012
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On June 27, 2012, @ approximately 8:12 p.m., The Commission approved the final draft
for Cessation of Illegal Gang Formation Resolution
DHRC – 2012 PROPOSED RESOLUTION & FUNDING
A. RESOLUTION: CESSATION OF ILLEGAL GANG FORMATION IN
DOVER, DELAWARE
*************************************************************************
Whereas; The City of Dover, the State Capital, strives to be a model for all cities in
Delaware and the United State.
Whereas; The Mayor and City Council have granted Powers and Duties to the Dover
Human Relations Commission, Pursuant to Article II. Sec. 58-31.
Whereas; Article II Sec. 58-31 titles (2), (4) and (5) charges the DHRC with developing
ways to measure and monitor community relations and offer a range of programs and
services that will help Dover residents identify and resolve issues of human relations;
anticipating, preparing for, and relieving community tensions arising from intergroup
conflict.(Code 1981, § 2-16; Ord. of 2-11-2002)
Whereas; The Dover Human Relations Commission through open discussion with
members of the community and the knowledge of local events has found that gun
possession and illegal gang activity is at an all-time high.
Whereas; Illegal gangs are a group of individuals consisting of three or more persons whose
demoralizing influence, common interest, attitude and graffiti signs significantly contribute
to the commission of disruptive behavior and criminal enterprises in the City of Dover.
Whereas; The number of illegal gang organizations in Dover and Kent County has
increased over the last few years, cultivating an environment of psychic imprisonment,
mistrust and fear among citizens of Dover.
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Whereas; Illegal gang culture and activities have played a significant role in student dropout
rates, drug activity and random acts of violence, often leaving innocent bystanders paralyzed
and traumatized for life.
Whereas; Illegal gang graffiti promoting hate, fear and danger has defaced public and
private sector facilities, impeding home and business owner’s rights to market or enjoy their
property, without unwelcomed and unauthorized graffiti signs.
Therefore, Be it Resolved; That the Residents of Dover, Delaware, the Mayor, City
Council, Dover Police Department, Delaware Department of Justice and the Dover Human
Relations Commission have observed with dismay the escalation of gang growth and
development in our communities and will merge resources and efforts to intensify the
pursuit of eliminating illegal gang formation, activities, and communication, including the
display of graffiti signs in Dover, Delaware.
Be it Further Resolved; That we will accomplish this goal and establish a New Community
and Family Involvement Paradigm for Cessation of Illegal Gang Formation by
1. Cleaning up our streets together, showing resistance to illegal
gang formation and unwelcomed graffiti signs through unity and clear
purpose;
2. Increasing individual’s awareness and accountability for reporting known
illegal gang activity and \ or formation in your community.
3. Strengthening parent and family involvement in the childrearing and
educational process
4. Implementing and supporting additional intervention and summer programs;
and
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5. Providing additional funding to the Dover Police Department through grants
and other resources to establish additional police stations in areas
with high volumes of crime to protect Dover residents from being a target of
bias-motivated violence in the City of Dover.
B). Grant Sample:
OJJDP FY 2012 Defending Childhood Resource Center:
Improving the Nation’s Response to Children Exposed
to Violence.
On July 9, 2012 @ approximately 7:30 p.m., Chair Sudler and Commissioner Fay D.
White attended the City of Dover’s Council Meeting. During the meeting, there were a few
presentations discussed which consisted of the following:
1. Presentation - Lutheran Senior Services of Dover, Inc. - Payment in Lieu of Taxes
(PILOT)
2. Legislative, Finance, and Administration Committee Report - June 25, 2012
3. Review and Recommendation - Filling Critical Positions - Library
4. FY 2013 Hiring Freeze and Recruitments and
5. Reduced Rates for All-Electric Homes in December, January, and February
(Committee Recommended That the Proposal to Reduce Electric Rates for All-electric
Homes Be Referred to Staff for Cost Analysis and Review
On July 9, 2012, @ approximately 3:10 p.m., Natalie Way contacted the DHRC in regards
to a presentation about their Mentor & Leadership Program, which she would like the
DHRC to consider partnering with them in the near future.
On July 11, 2012, @ approximately 6:00 p.m. Chair Sudler attended the Joint Legislative,
Finance, and Administration Committee and Election Board Meeting to hear the following
proposals
A. Results of NAACP Review of Proposed Council District Boundaries and
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B. Review of Revised Proposed Reapportionments of Council District Boundaries
On July 21, 2012, @ approximately 5 p.m., Commission members attended the Barbeque
& Bonfire Event for Jesus Christ sponsored by Mt. Zion A.M.E. Church of Dover, DE
[Men’s Day Committee 2012], “The event was outstanding,” said Willie Jones, former
Acting Chair &Vice- Chairman for the DHRC also, in attendance was Senator Brain
Bushweller of Delaware and Daryl Scott of the 31st District House of Representatives
for Delaware.
This event promoted inclusiveness and fellowship among various interfaith agencies and
community leaders. For it was a unique and refreshing event to attend. Also, Mt. Zion’s
Men’s Day Committee gave a special thanks to the City of Dover’s Fire Marshal Division
and DNREC for authorizing the bonfire activity segment of the celebration.
On July 24, 2012, @ approximately 8:30 a.m., Chair Sudler attended a training session on
Title 25 Pursuant to the State of Delaware’s Landlord / Tenant Code. Presented by
the Law Office of Michael P. Morton, PA mmorton@michaelpmorton.com (302) -
426.1313
Some of the issues that were highlighted consist of the following:
1. Landlords Remedies for Filing Civil Suit against Tenants Who Have Filed
Bankruptcy
2. Landlord’s Illegal Ouster of Residents / Tenants from Rental Unit
3. Human Relations Concerns [Race & Handicap Discrimination in Fair Housing
Process]
4. Zero-Tolerance Rules & Regulations for Subsidy Housing [HUD]
5. Manufactured Home Requirements and Specifications for the State of Delaware
6. Landlords Remedies for Residents Behavior Deemed Undesirable & Harmful to
Community and Unit; and
7. Residents Remedies for Landlord’s Failure to Correct Defective Conditions in the
Unit
I asked Mr. Morton [Trainer] if he would be willing to partner with the DHRC and conduct
a workshop on housing issues and common violations; his response was “yes!”
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On August 9, 2012, @ approximately 7:10 p.m. a special meeting titled Community and
Student Involvement in Resolving Racial and Sexual Orientation Hate Crimes in
Communities and Educational Institutions was conducted by the DHRC and went well. For
those individuals who did not have an opportunity to attend, there will be a part two of the
special forum forthcoming in 2013.
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COMMUNITY LEADERS & STUDENTS DISCUSSING NEW
PARADYMS FOR REPORTING AND DECREASING HATE
CRIMES IN DOVER, DELAWARE AND SURROUNDING AREAS
Chair Sudler’s Special Forum Opening Statement:
The Dover Human Relations Commission is an advisory body to the Mayor and
City Council of Dover, Delaware.
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The Commission is empowered to monitor community relations and measure inter-
group conflict. The Commission has a fiduciary duty to be non-bias when seeking
conflict remedies for resolving disputes.
The Commission’s Powers and Duties are granted by the Mayor and City Council
Members pursuant to Chapter 2-Administration, Article 1, Division 6, Section 2-21
of the Dover Code:
Tonight’s Special Forum is called according to
ARTICLE II.
Sec. 58-31.
(1) To promote and develop an environment of fairness and respect
among its citizens; and
(4) To offer a range of programs and services that will help its residents and
neighborhoods prevent and resolve issues of human relations
(Code 1981, § 2-16; Ord. of 2-11-2002)
The focus of this special forum is to raise the awareness and involvement in resolving and
reporting racial and sexual orientation hate crimes in Dover and the State of Delaware. In
addition, to review ethical remedies for dealing with emotional, spiritual, and social
challenges for victims of bias-motivated violence.
The goal of the Dover Human Relations Commission tonight is to help generate new
paradigms and methods for eradicating hate crimes through none-controversial and
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constructive dialogue that stimulates the community, students and law enforcement agencies
to build a closer relationship with one another.
Please be advised that this special forum is not a debate over the concepts and ideas of
same sex marriages or pending cases involving racial tension, but an educational enrichment
forum that highlights how to properly disagree with one’s race or sexual orientation without
offending or violating another person’s human and constitutional rights.
Each presenter will be asked a series of questions by the Chair of the Commission and
after all presentations; the forum will be open to the audience for discussion at that time.
The Ground rules for this forum are as follows;
1). Audience Members will have 3 minutes to voice their concerns during question \
answer period
2). Citizens who contacted the City Clerk’s Office will speak first
3). All questionnaires and written testimonies are to be submitted to the commission
4). Please reframe from side conversations when citizens are speaking
5). No Pending Cases will be discussed
6). Adjournment @ 9:00 p.m.
After the ground rules were read, chair Sudler began with presenter number one, Chief
Prosecutor Kent County, DE Ken Haltom Esq. Department of Justice and asked him
to briefly define the following topics:
1. Hate Crime Prevention Act – Shepard’s Law?
2. Hate Crime Case Study – Shenandoah [Women being torched for being gay]
3. 42 U.S.C. Code 3631 [Threatened to use force because of race, color etc…]
4. In your opinion, what area of communication is most essential for enhancing
the relationship and trust between law enforcement agencies and non-
government organizations
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Chief Prosecutor Kent County, DE Ken Haltom Esq. Department of Justice
Response ® to questionnaire:
R1). Chief Haltom spoke about how Mathew Shepard was tortured for being gay, which
according to Delaware Criminal and Traffic Law Manual Title 11 Code 1304 Section (a) (2)
select a victim because of his/her sexual orientation. This misfortunate incident was the
reason why it’s called Shepard’s Law
R2). Chief Haltom wasn’t to familiar with the case study of Shenandoah, who was also
tortured for being gay, so he elaborated on the need for students in schools and community
members to report hate crime offenders and incidents to the local law enforcement agencies,
and or, city and state officials.
R3). Chief Haltom explained Title 42 U.S.C. Code 3631 as a hate crime covered
under the State of Delaware’s Title 11 Code 1304 Section (a) (2), selection of victim
due to race, which is a hate crime offense. In closing of Chief Haltom’s response to
the questions by the chair, a final question was asked, Chief Haltom, in your opinion,
what area of communication is most essential for enhancing the relationship and
trust between law enforcement agencies and non-government organizations?
R4). Chief Haltom acknowledged that there are different avenues to help promote
better communication and stronger alliance between law enforcement agencies and
the community. He suggested that we work together to break down the barriers that
keep individuals from reporting these hate crimes and he encouraged audience
members to contact him personally if they were not satisfied with how an
investigation was conducted.
Chief Haltom stated that he knows that hate crimes occur more often then what is
being reported and he feels and understands the frustration that a person can
experience, but he believes that forums such as this one would help to promote
dialogue and change. In closing, Chief Haltom shared with the commission that out
of 15 years of practicing law, this forum was the first of its kind, which he feels is a
big change for him, one which he embrace and is eager to be a big part of.
The second presenter Chief Harry Downs Jr. of the Delaware State University Police
Department was asked the following questions:
1. How does DSU’S Police Department investigate hate crimes?
2. Are students briefed about different hate crimes or other related incidents in
freshman orientation?
3. What are some of the consequences and penalties for students who have
been involved in hate crime activity on campus?
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4. In your opinion, how can students and their peers help to eradicate hate
crimes on higher education institutions?
Chief Harry Downs Jr. Delaware State University Police Department
Response ® to questionnaire:
R1). Chief Downs indicated that their police department investigates hate crimes the
same way any other police department. In incidents such as hate crimes and other
related incidents, the student is prosecuted through the university judicial system as
well as DSU – Police Department
R2). Chief Downs stated that although they don’t cover hate crimes in freshmen
orientation they do advocate the need for tolerance and respect among all students
regardless of race, religion, color, sexual orientation, national origin, ancestry or
disability.
R3). Chief Downs indicated that some of the penalties for being convicted for a
hate crime at the university included termination of enrollment at DSU, criminal
charges, and DSU- judicial charges. Chief Downs also, expressed how appreciative
he was to have a great relationship with Dover Police Chief and Delaware State
Police Department.
R4). Chief Downs believes that students can help their peers after being a victim of
a hate crime by encouraging them to seek counseling at DSU Counseling Division or
talk with Student Government Body (SGA) to help raise awareness of what could
happen to other students on campus.
Presenter number four commissioner Vincent A. Petroff, MHR Human Relations Supervisor
Division of Human Relations was asked these series of questions:
1. How often does race or sexual orientation impede upon one’s opportunity to
get fair housing in the State of Delaware?
2. How does the state human relations commission investigate hate crimes in
housing and workplace environment?
3. In your opinion, what strategies or methods could be used to help
community leaders and student government bodies identify and prevent
potential hate crime activities in communities and higher education
institutions
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Vincent A. Petroff, MHR Human Relations Supervisor Division of Human Relations SHRC
Response ® to questionnaire:
R1). Commissioner Petroff, explained the state human relations procedure for
investigating fair housing violations according to title 6 chapter 4601 (a) of the Fair
Housing Codes for the State of Delaware, outlines the policy and jurisdiction of their
commission. Commissioner Petroff stated that between 2010 to 2012, there has
been 24 fair housing violations, 0 – sexual orientation discrimination claims and 6
hate crime housing incidents.
R2). Commissioner Petroff said that in an investigation process for the state human
relations commission, there are certain elements of the crime that must be present to
determine the identity and severity of the housing violation, so in an effort to
prevent potential discrimination in housing they have testers to go out to different
communities to see if the potential landlords are exercising discriminatory practices
on prospect applicants.
For example; if a potential resident decides to look at a neighborhood which they are
interested in renting or buying and a current resident states to them that, they may
have problems if they move into that neighborhood!, then that statement could be
considered an intimidation tactic to deter them from moving in that community.
This would be covered under fair housing law title 6 chapter 4619 Prohibition of
Intimidation
R3). Commissioner Petroff, believes that there should always be a healthy
dialogue and relationship between the police community and neighbors to
help address and pinpoint concerns and issues through forums and
community meetings. Also, he recommended the mediation process to help
reflect all party’s issues in a particular situation as a great strategy to diffuse
hate crime incidents.
Commissioner Petroff, emphasized on students addressing their problems
head on and utilizing Law Enforcement Agencies, the Department of Labor
and or the State Human Relations Commission @ 1-877-54-Human for
additional guidance and support.
That concludes segment 1 of the special forum
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Segment two of the special forum focused on Counselor’s Remedies for Victims of
Race and Sexual Orientation Hate Crimes in Dover, Delaware
Since two out of the three counselors were unavailable to attend this form, Chair Sudler
asked Mr. Ralph Robinson Director of DSU Counseling Division the following questions:
1). How students and community members can positively deal with social and emotional
anguish, after encountering or witnessing a race hate incident
2). What are the first components of identifying when you have an emotional problem,
who and when to contact them?
3). How can students and family members assist a love one or peer after discovering that
they have been a victim of a race hate crime or other related incidents
R1). Mr. Robinson started his response to question number one by first thanking the Dover
Human Relations commission for inviting him to the forum and acknowledged that
sometimes it’s a difficult task to help students deal with emotional and social anguish after
being a victim of a race or sexual orientation hate crime and encourages students to talk to
someone who will listen to the victim without judging or blaming them for the incident.
R2). Mr. Robinson expressed that one of the first components of identifying when you have
an emotional problem is when you find yourself overwhelmed with thoughts of revenge or
constant obsession over the matter, which interferes with your normal daily function
throughout the day. These signs are often followed by physical signs as well, such as
headaches, backaches and stomach pains, which are advance signs of severe emotional
distress. Mr. Robinson pointed out that there are a multitude of mental health agencies
throughout the state of Delaware that can assist students and non-students with dealing with
stress anxiety and depression. He also expressed that students should report incidents to the
DSU – Police Department and or, the Counseling Division, so that they can vent and
receive support with managing their anger in a positive, rational and respectful way, “for it is
okay to be upset, but not okay to behave irrational” said Mr. Robinson
R3). Mr. Robinson reinforced the important of love ones or peers taking the time out to
allow the victim to vent without placing blame on the victim, for they need to know that
you value their thoughts about the situation and are listening intensely to what they have to
say for their emotional well-being.
After the completion of questions being asked and answered by DSU- Director of
Counseling Division, Ralph Robinson, the chair introduced to the audience members and
panel Mr. Gerald Rocha Community Leader, United Way Employee and Emeritus President
of Zeta Rho Lambda Chapter of Alpha Phi Alpha Fraternity Incorporated 1906.
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Mr. Rocha elaborated on the alarming amount of suicides at Polytech High School and the
enormous amount of bullying issues among the Lesbian, Gay, Bisexual and Transgender
Community. Mr. Rocha highlighted how imperative it is to develop a gay and straight
alliance throughout all schools districts to help students understand and identify the various
sexual orientation communities.
He also, asked Chief Prosecutor for Kent County Department of Justice Ken Haltom Esq. if
the lesbian, gay, bisexual and transgender community was protected under title 11 code 1304
(a) (2) of the Delaware State Criminal and Law Traffic Manual, which Chief Haltom said
according to his interpretation of the law, it was covered under the Hate Crime Law. After
Chief Haltom answered Mr. Rocha’s question, then chair Sudler asked Mr. Rocha if there
have been any students who have exhibit characteristics in their personality that could be
viewed as a potential hate crime offender in the future and how does united way address that
issue?
Mr. Rocha expressed that the faculty as well as the kids may have a hard time identifying
hate crime scenarios because of the lack of training they have received in that area, but
united way is currently seeking additional training in the near future to help eradicate bullying
and hate crimes among all students said Mr. Rocha.
After Mr. Rocha’s answer, Chair Sudler introduced to the panel and audience members Mr.
Mark Steven Wright Jr. who is currently enrolled at Delaware State University as a freshman.
Mr. Wright expressed that he was assaulted by an older Caucasian neighbor who was four
years older than he, because his neighbor’s girlfriend commented to him that Mark was a
cute guy to be black / African American. Out of anger, the neighbor assaulted him and until
this day, Mark believes that the initial investigation of the incident should have been dealt
with as a hate crime and not just an offensive touching and assault incident.
Also, Mr. Wright shared with the commission that he witnessed an illegal search by a ____
Police Officer, who allegedly searched his father’s vehicle after being told that he did not
have permission to search his vehicle. After witnessing that situation, he stated that he feels
that law enforcement officials should have harsher penalties for misuse of authority because
the general public trust and depends on law enforcement officers to uphold the law and be a
positive role model for the community to look up to and not mistrust them.
According to Mr. Wright, as a student at DSU he has not personally experienced
characteristics that define or identify hate crime activity, but he stated that he wish there was
counseling sessions that he could have taken advantage of to help him deal with his
frustration and emotions, for he said, “after being a victim of a hate crime at an early age, it
has changed him to the point that he has become more alert and quicker to defend himself
then before the incident occurred”.
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After Hearing from Mr. Wright, Chair Sudler thanked Mr. Wright and the entire panelist for
taking the time out to come and share with the community and commission imperative
knowledge and information that is very relevant to our student government body and our
community today.
Presentations and Comments from Community Members:
At 8:23 p.m. Chair Sudler opened the special forum for discussion between the panelist and
audience members. Chair Sudler called on Mr. Cecil Wilson, who contacted the City Clerk’s
Office to speak on tonight’s topic, but he was not present. Chair Sudler, then asked other
audience members if they were interested in bringing forth any concerns or issues by first
stating your name and address for the record.
1). Bill Washington from 8 Mishoe Street Dover, Delaware 19904, thanked 31st District
House of Representatives Darryl Scott for helping him with a dilemma he had over a year
ago concerning a public works issue in the City of Dover, then he proceeded to brought
forth his concern about young adults loitering during late night into the early morning
throughout the week and weekend.
He believes that the police department should walk through the community sometimes
rather than just ridding bye one’s community. For he feels that, the police officers may be
able to reach out to the youth and assess the needs of that community more effectively if
their presents was more visible on foot then riding by in a police patrol vehicle.
2). Judy Blue of Dover, Delaware asked a question addressed to Mr. Ralph Robinson
Director of DSU Counseling Division, in regards to why the campus faculty and staff
members of DSU were not reporting any negative changes in the environment on campus?
Mr. Robinson’s response indicated that there are faculty members who often call his division
to notify them of disruptive behavior or emotional distress displayed buy students on the
campus. He said, “That sometimes faculty members just takes a student by the hand and
leads them to the counseling division, rather than advising and sending them on there way to
seek counseling”.
3). Fred Robinson of Dover, Delaware asked the panel if anyone knew the percentage of
progress made 10 years ago in comparison to 2012, has it increased or decreased in the
Dover community concerning hate crimes? Chief Prosecutor Ken Haltom responded to the
question by saying, “It’s not a crime that is being reported”, then Mr. Fred Robinson asked
about the hate crime literature that was disseminated on DSU campus and Chief Haltom
indicated that he was unable to discuss that case due to the fact that the case was still under
investigation, therefore, he could not comment on the question and continued to reinforce
the need for citizens to come out and report these hate crimes for he knows it happens more
then what’s being reported!
Mr. Robinson ended his questions by stating that he feels that the relationship between city
officials, community leaders, and community is very poor in comparison to places he has
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been, he believes that the city officials need to be more hands on when it comes to their
constituents. Mr. Robinson asked, how can we make progress when the community and law
enforcement agencies are frustrated with each other?
Mr. Rocha responded to Mr. Robinson’s question by stating that he believes that the reason
why hate crimes are not being reported is because, whenever someone tries to report a crime
as a hate crime, no one wants to deal with the element aspect of the hate crime or its just
intentionally overlooked, he feels that we need to continue to keep having forums such as
this special forum in order to bring everyone to the table especially, law enforcement
agencies in order to orchestrate a positive resolution in the City of Dover.
Commission Hackett asked Chief Haltom, what are the outcomes of the cases that have
been reported in the City of Dover? Chief Haltom expressed that a lot of times the crime
doesn’t have all of the elements in the case to consider it a hate crime. Also, they do
additional research in their investigation such as looking at Facebook or twitter to determine
if there are elements to help define that crime as a hate crime.
Mr. Rocha asked Chief Haltom if they did find something on Facebook or twitter, if that
would be a felony or misdemeanor. Chief Haltom responded a misdemeanor!
Commissioner Edamatsu asked Chief Haltom, if you have issues such as police bullying
during traffic violations is that a hate crime? Chief Haltom response was No! but if a police
officer has in his computer data base that a person’s license has been suspended, then they
are supposed to arrest that individual and take them to jail. For he knows that sometimes
Delaware Motor Vehicle Department may not have changed the information or drop the
suspended license notice within a certain time period, which could lead to an arrest, but the
Department of Justice is aware of those problems and is sensitive to that situation.
Commissioner White expressed that she knows that the Delaware Criminal Codes are often
changed on a monthly or annual basis and what she wants to know is, how often is the
public made aware of these changes and how are they being notified? Chief Haltom
response was these changes are often posted on line for the public’s review.
Representative Darryl Scott commented on the fact that there are representatives that
monitor the process of passing the law and sometimes may not do as an effective job
communicating that to the public, but that is something that they are currently trying to
improve.
Commissioner White expressed that DSU is in the Dover community and she feels that
constituents of Dover should be allowed to speak and express any and all concerns that they
may have in regards to their safety and their love one’s safety.
Commissioner Warfeild asked Chief Haltom, How quickly are they changing the Delaware
Criminal Codes once they have been passed?
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Chief Haltom stated that the law is in effect upon the governor signing of the law. He feels
that a good way to monitor that process is through your local representatives and special
forums such as this one, where you learn more about upcoming changes and understand
how to follow these changes through the General Assembly Web-Site.
Mr. Robinson was called back to the podium to express that for the record, he is not hear to
be controversial but to be a part of a positive change and dialogue that is much needed in
the City of Dover.
Commissioner Hackett stated that she would like to see a better and closer relationship
between the public and the police officers, because some people don’t get there mail all the
time and are unaware that they are in noncompliance of the Delaware Motor Vehicle Code.
Chief Haltom reinforced to Commissioner Hackett that they are aware of that and often try
to work with them as much as legally possible.
31st District Representative Darryl Scott asked DSU – Police Chief Harry Downs Jr. how
they investigate similar offenses? Chief Downs indicated that they deal with cases on an
individual basis, and if someone feels as though they have been treated unfairly, then
strongly recommends that they seek additional help from a higher level of command.
Chief Downs also expressed that he agrees with Chief Haltom that the public needs to help
report and resolve hate crimes in their community, because usually, the public has more
information about the incident then the police department has, for recommends that the
community work closer with the police in quest of strengthening our community, reporting
and eradicating not just hate crimes, but all forms of crime in one’s community.
Commissioner Dawn Allen-Pyne expressed that the Police Department needs to reach out
to the community and let them know what kind of steps have been taken to strengthen their
relationship and trust factor between both parties.
Commissioner Hackett stated that we need to make sure that all communities are given the
same respect and policed the same way or it could be perceived as discrimination based on
neglect.
Commissioner Edamatsu feels that we all have to do a better job in understanding,
communicating and working together to make our Dover community a better place for
people to reside.
Chair Sudler asked the panel if there has been any talk about requiring hate crime offenders
to register like sex offenders with the police department, so that community members would
be made aware of individuals who are members of hate crime organizations in their
community.
The response from Chief Haltom was no!
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In closing of the forum, Chair Sudler thanked the Department of Justice for the State of
Delaware, the State Human Relations Commission, Delaware State University’s Police
Department, Delaware State University’s Counseling Division, Students and Community
Leaders for participating in tonight’s special forum and encouraged them to come back for
part two of the forum, which is forthcoming in 2013.
On September 27, 2012, @ approximately 7:00 p.m. The Commission conducted an
Outreach Meeting under the leadership of Community Program’s Chair and Vice-Chair of
the DHRC, Dawn Allen Pyne and also Fay D. White who helped secure and coordinate the
outreach meeting.
On September 27, 2012, @ approximately 9:30 p.m. Chair Sudler was contacted by Vice-
Chair Dawn Allen Pyne and complaintee Mr. Henry Fordham, in regards to the events that
led up to an attempted murder and castration by hanging at Silver-lake Recreational Park
located in Dover, Delaware.
On September 28, 2012, Chair Sudler scheduled a Roundtable Meeting for October 5,
2012, with Henry Fordham, State Human Relations Commission, Mayor, City Council
President, 4th District Councilmen, 31st District House of Representative the Department of
Justice and Dover Human Relations Commission to hear the events that allegedly took place
on September 21, 2012. [Please see roundtable agenda and city solicitor’s opinion]
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DOVER HUMAN RELATIONS COMMISSION
ROUNDTABLE MEETING
OCTOBER 5, 2012
CITY HALL CONFERENCE ROOM
*************************************************************************
Agenda
1. Call to Order
2. Prayer
3. Purpose of Roundtable
4. Goal of Roundtable
5. Introduction of Officials
6. Summary of Resident’s Statement to DHRC
7. Mr. Henry Fordham’s Testimony
8. Review of Alleged Criminal Elements
9. Roundtable Discussion
10. Adjournment
________________________________________________________________________
3. Purpose of Roundtable:
The purpose of the Dover Human Relations Commission’s Roundtable is to establish an
environment conducive for residents and community leaders to report sever acts of
undesirable behavior and customer service that may place extreme emotional distress on
residents of Dover, without fear of retaliatory acts exercised upon them.
4. Goal of Roundtable:
The goal of the roundtable is to provide residents and community leaders with an
opportunity to voice their emergency concerns to city, state or federal officials in an effort to
help eradicate distress and tension between two or more opposing parties. We will meet this
goal by providing resources and information that will contribute to decreasing racial tension
and emotional distress after being a victim of bias-motivated acts of violence. In addition, to
simply advocate a higher quality of living and communication between the City of Dover
officials and all constituents of Dover, Delaware.
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5. Introduction of Officials:
6. Resident’s Statement:
On September 27, 2012, @ 9:17 p.m., Mr. Henry Fordham reported to the Dover
Human Relations Commission’s Chair [Roy Sudler, Jr.] that on September 21, 2012, he
was approached by two Caucasian males who befriended him earlier that day through a
general conversation about the origin and practices of Muslim Religion. Later on that
evening, Mr. Fordham met with the two Caucasian males to continue their conversation.
After getting into the vehicle of the two Caucasian males, he then was held gun-point and
taken to Silver Lake Recreational Park located in Dover, Delaware. During the time he was
unlawfully held captive against his will; Mr. Fordham experienced derogatory racial slurs,
being pistol-whipped, hung and attempted murder and castration and survived.
Mr. Fordham stated that, “He tried to report the incident to various law enforcement
agencies and was denied the opportunity to make an official hate crime complaint”. In
addition, according to Mr. Fordham, he was advised by more than one law enforcement
agencies, that he would be arrested for false report if he continued to pursue filing an
incident report of this nature”.
The Dover Human Relations Commission has been requested by Mr. Fordham to be a
catalyst \ mediator in the process of helping him to file an official complaint with the proper
law enforcement agency without fear of retaliatory acts or undue distress sanctioned upon
him.
Mr. Fordham, brought forth his concern to the Dover Human Relations Commission in an
effort to make sure that his human and civil rights were not being violated and to simply give
testimony as to the events that led up to his abduction on September 21, 2012.
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8. Alleged Elements in Mr. Henry Fordham’s Claim
Pursuant to Delaware’s Criminal &
Traffic Manual
************************************************************************************
Title 11 Sections:
513. Conspiracy in the first degree; class E felony.
604. Reckless endangerment in the first degree; class E felony.
782. Unlawful imprisonment in the first degree; class G felony.
783A. (4) Kidnapping in the first degree; class B felony.
1244. (a) - (4) Hindering prosecution; class A misdemeanor.
1245. Falsely reporting an incident; class A misdemeanor.
1301. (1) (a) Disorderly conduct; unclassified misdemeanor.
1304. (a) (1-2) Hate Crimes; class G felony.
1447. Possession of a deadly weapon during commission of a felony; class B felony.
Recommendation from Chair of DHRC as of 9/27/2012 to Mr. Henry Fordham:
1. Seek counseling immediately for emotional distress and thoughts of irrational
retaliatory behavior
2. Speak with designated District City Council Representative
3. Document the events that took place in sequence as quickly as possible
4. Roundtable / Testimony
On November 5, 2012, the Commission received a complaint from Mr. Eshed Alston, in
reference to the Chair of DHRC not doing enough to address the concerns of the
community in regards to the alleged Dover lynching claim and other issues concerning
minorities
[Please see complaint document]
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On November 16, 2012, Chair Sudler attended a roundtable discussion with 4th District
Candidate Bernhard A. Greenfield in reference to constituent’s concerns and issues at
Mishoe Towers, Inc. located in Dover, Delaware
On November 17, 2012, Chair Sudler attended a roundtable discussion in regards to
the 4th District Candidate Rev. Wallace Dixon position concerning constituent’s concerns
and issues for the 4th District at Mishoe Towers, Inc. located in Dover, Delaware
On November 26, 2012 @ 10:55 a.m., Chair Sudler received an E-mail from Councilmen
David Anderson of the 4th District, which reference his opinion about the status of Mr.
Henry Fordham’s claim. [Please see E-mail]
FW: Dover Human Relations Commission - Intake Form and Meeting to Discuss
Sent By: Traci McDowellOn:Oct 10/03/12 8:32 AM
To: roysudlerjr@comcast.net
Cc: "Thomas J. Leary" <councilmanleary@comcast.net>; "Carey Sr.,
Carleton" <ccarey@dover.de.us>; "Bill Hare"
<billh2323@comcast.net>; "David Anderson"
<davidlevianderson@gmail.com>; "James Hosfelt"
<james.hosfelt@cj.state.de.us>; "Kim Warfield
(apostlekim1@verizon.net)" <apostlekim1@verizon.net>; "City
Clerks Office" <CityClerk@dover.de.us>; Hollie Ford
Chairman Mr. Sudler:
Please see City Solicitor Rodriguez' opinion below regarding the Roundtable discussion.
In light of the opinion, Mr. Leary has advised that the scheduling of this meeting should
not proceed.
City Solicitor Rodriguez has suggested that the complainant be directed to speak with
the State Human Relations Commission or the Attorney General's Office.
Please feel free to contact me if you have any questions or concerns.
Thank you,
Traci A. McDowell, CMC
City Clerk Oct 2012 – Strange Fruit of Delaware: 2012 Lynchings
34
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-----Original Message-----
From: Nick Rodriguez [mailto:nrodriguez@schmittrod.com]
Sent: Tuesday, October 02, 2012 5:28 PM
To: Stein, Jody
Cc: William Pepper
Subject: Re: Dover Human Relations Commission - Intake Form and Meeting to Discuss
Jody, We recommend that the City and DHRC stay out of this matter completely. This is
a criminal accusation and may result in criminal charges. Secondly the City could be
sued for inadequate security in a civil lawsuit. Further would be criminal concerns of
false complaints. This is our recommendation based upon the very limited information
that has been submitted to us at the present time. Nick Rodriguez On Oct 2, 2012, at
1:55 PM, Stein, Jody wrote:
Sent By: davidlevianderson@gmail.comOn:Nov 11/26/12 10:55 AM
To: "Tom Leary" <tlau72@yahoo.com>; "Sean Lynn"
<slynn@delawarelaw.com>; "Kim Warfield"
<apostlekim1@verizon.net>; "Roy Sudler"
<roysudlerjr@comcast.net>; "Roxie Smiley-"
<rs82067@gmail.com>; "Gregory Gordon"
<revgegordon@yahoo.com>; "Jeannie Anderson"
<jeannielynna@msn.com>; ccarey@dover.de.us; Traci McDowell
http://waronthehorizon.com/site/?p=3836 [Review Website]
No wonder, the one gentleman was concerned. Dr. Issa is traveling in radical
company. Combine this with private conversations in which he accused me of
selling out to the white power establishment for saying a suicide is sometimes
just a suicide. I am seeing a picture that I think is dangerous.
It was a huge mistake to prevent the Human Relations commission roundtable
with the families. Intentions were pure, but it was the outcome most needed by
the radicals who are exploiting then exaggerating legitimate concerns.
We do need to think about addressing this insidious issue without fueling it.
Sent from my HTC One™ S on T-Mobile. America’s First Nationwide 4G
Network.
35
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The December 2012 meeting was cancelled
In conclusion of the year 2012, the Dover Human Relations Commission has received a
total of three intake forms, which the intake form according to City Solicitor Nick Rodriguez
and the City of Dover’s Clerk Office are not the purview of the DHRC. Therefore, the
Commission was instructed to refer these Intake Forms to other agencies for investigation:
DHRC - INTAKE FORM TOPICS:
1. 3/5 Index Cards that were disseminated on the streets of Down - Town Dover and
Delaware State University’s Campus, which displayed an image of a person of color
hanging by a rope tied to his or her’s neck from a tree with a racial slur statement
saying,
“Cleaning Up New Street One Nigger at a Time” [January 2012]
2. Alleged Police Brutality Complaint against the Dover Police Department
involving a shooting / homicide that took place on New Street of Dover, Delaware
and one of the investigating officers allegedly exercised unnecessary force by
punching a citizen of Dover in the face repeatedly during the process of investigating
a shooting that was called in by the alleged victim and his mother who witnessed the
crime and the shooter and ended up being arrested themselves”. The witness to the
alleged police brutality assault feared for his or her’s safety and chose not to report
the incident to Industrial Affairs of Dover Police Department and decided to report
the incident to the Dover Human Relations Commission out of concern for
retaliatory actions by officers of the Dover Police Department, who allegedly
committed this violent offense against a citizen of Dover. [January 2012]
3. Silver-Lake Recreational Park in Dover, DE [ Alleged Lynching Report]
On September 27, 2012, @ 9:17 p.m., Mr. Henry Fordham reported to the Dover
Human Relations Commission’s Chair [Roy Sudler, Jr.] that on September 21, 2012,
he was approached by two Caucasian males who befriended him earlier that day through
36
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a general conversation about the origin and practices of Muslim Religion. Later on that
evening, Mr. Fordham met with the two Caucasian males to continue their conversation.
After getting into the vehicle of the two Caucasian males, he then was held gun-point
and taken to Silver Lake Recreational Park located in Dover, Delaware. During the time
he was unlawfully held captive against his will; Mr. Fordham experienced derogatory
racial slurs, being pistol-whipped, hung and attempted murder and castration and
survived. Mr. Fordham stated that, “He tried to report the incident to various law
enforcement agencies and was denied the opportunity to make an official hate crime
complaint”. In addition, according to Mr. Fordham, he was advised by more than one
law enforcement agencies, that he would be arrested for false report if he continued to
pursue filing an incident report of this nature”. The Dover Human Relations
Commission has been requested by Mr. Fordham to be a catalyst \ mediator in the
process of helping him to file an official complaint with the proper law enforcement
agency without fear of retaliatory acts or undue distress sanctioned upon him.
Mr. Fordham, brought forth his concern to the Dover Human Relations Commission in
an effort to make sure that his human and civil rights were not being violated and to
simply give testimony as to the events that led up to his abduction on
September 21, 2012.
DHRC - CONCERNS:
The Dover Human Relations Commission is very concerned about the amount of
intake forms that indicate racial tension in the City of Dover being deferred out to other
agencies for investigation. Pursuant to Chapter 2 – Administrative, Article I,
Division 6, Section 2 – 21 and Article II Section 58 – 31 Titled Human Relations
Commission’s Purpose; the Commission has been granted the Powers and Duties to
investigate claims of unfair treatment and develop ways to monitor intergroup
conflict among all segments of the City of Dover. The ambiguity of our purpose and
constant deferrals of intake complaint forms followed by constant ostracism from
constituents of Dover regarding the Commission’s lack of investigating official intake
complaint forms have unfortunately, contributed significantly to the resignation of
current and previous commission members, especially after hearing the nature and
37
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urgency of resident’s concerns and not being able to investigate the merit of the
complaint.
DHRC - CHAIR’S RECOMMENDATION:
In an effort to avoid further resignations of current and future Commission Members, it is
my recommendation, as Chairman of the Dover Human Relations Commission, that the
Mayor and City Council of Dover, Delaware, conduct a special meeting with the Dover
Human Relations Commission to interpret Chapter 2 – Administrative, Article I,
Division 6, Section 2 – 21 of the Dover Code and Article II. Human Relations
Commission, Sec. 58-31. Purpose: to mitigate or eradicate current and future
Commission Member’s concerns and feelings of not fulfilling their duties as
Commissioners who advocate Human and Civil Rights for all segments of Dover,
Delaware.
As the year 2013 approaches, the Dover Human Relations Commission looks forward to
continuing to help eradicate racial tension, unfair-treatment, and intergroup conflict,
while advocating the philosophy of inclusiveness among all segments of Dover, Delaware.
On behalf of the Dover Human Relations Commission, we thank the Mayor and Dover City
Council Members for appointing each and every one of us to serve the Dover Community in
such an imperative and essential way.
Dated: _____________________
Submitted By: _____________________________________________________
Mr. Roy Sudler, Jr. – Chairman Dover Human Relations Commission
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Page 145
Carvel Building Wilmington: (302) 577-5050
820 N. French Street Dover: (302) 739-4567
Wilmington, Delaware Georgetown: (302) 856-5331
:State of Delaware
Human Relations Commission
MEETING AGENDA
"Community Harmony"
-TUESDAY~ MAY 15, 2001
t.
U. OF D. PARADEE BLDG,
DOVER, DE
I. Open Prayer/Silent Meditation
IL Introduction
III. Purpose of Meeting
• Begin a dialog and develop objectives
to restore and rebuild our community
together with all of you and the citizens
of Dover
IV. Highlights of May 1st Meeting
v. Strategies and Objectives
VI. Plan of Action
• Steps and Timeframes
VIL Closing
• Follow-up Meetings
Page 146
DOVER COMMUNITY MEETING MINUTES
The Delaware Human Relations Commission held a meeting on June 6, 2001 at the University of
Delaware, Paradee Building, Route 113 and Bay Road, Dover, Delaware. The meeting was
called to order by the Director of the Division of Human Relations, Juana Fuentes-Bowles.
Commissioner David Hill was unable to attend the meeting due to illness.
Those present: Director of the Division of Human Relations, Juana Fuentes-Bowles, Mayor
James Hutchinson, Lt. Keith O'Connell, Roy Sudler, Jr. Evangelist Shirley Caldwell, Pastor
Richard Avant, Bishop Marion Lott, Pastor William Fitzhugh, Councilpersons, John Pitts and
Gene Ruane, Elder W.R. Dixon, Elder Paul Caldwell, Bridget Avant and Ray (FAMBCF).
The meeting opened with an introduction of the people present. The meeting was a continuation
from the last meeting (May 15, 2001) on the development of strategies and objectives to restore
and rebuild the Dover Community. The highlights of the May 15 meeting were discussed. The
issues were prioritized as follows:
Issues
(1) Concern of Citizens
(2) How citizens are viewed by local officials
(3) How citizens view the Police Department
(4) Isolation
(5) Dover Police Department (Recruitment, promotions, retention, new hires, etc.)
(6) Role of the Capital School District
(7) Media
Discussion took place on different strategies and objectives that can be placed under some of the
issues. Those Strategies and objectives were as follows:
Strategies and Objectives
• How to get citizens involved (i.e. clergy)
• Neighborhood watch program
• Talk with citizens
• Identify communities
• Identify representation from those communities
• Communication
• Meetings being conducted (i.e. neighborhoods)
• Council to hold district meetings
• Hold community meetings
·• Mobilization of a Task Force
• Develop a Citizen Concern Board
Page 147
• Information meetings held by identified entities
• Establish community organizations
• Hold Block Parties
• Citizen Police Academy
• Opportunities
• Partner with Groups
• Develop Diversity Programs
• Develop Civic Associations
• Invite community to a roundtable
All members present were asked to look at some of the strategies that were identified and place
them under an issue that was identified, and to develop other strategies for the identified issues.
Discussion took place in identifying communities within Dover that are not organized. Some
that were mentioned are: Capital Green, Manchester Square, Liberty Court, Whatcoat, Simmon
Circle and Schoolview.
Roy Mishoe Sudler introduced information entitled "Meeting Agenda for the NAACP reference
to the State of Delaware, Division of Human Relations Commission" to the group. It was
decided by the group to review the infon:nation for discussion at the next meeting. (Attached)
The group agreed to invite Diane Mitchum, U.S. Department of Justice at the next meeting.
The meeting was adjourned at 8:10 p.m .. The next meeting is scheduled for June 19 at 6:30 p.m.
Page 148
Dover Community Meeting Minutes
Page Two
Involvement from the Clergy:
Participation from all clergy.
The group felt that a plan of action should be developed before the end of the 2001
school year.
From those Highlights of the May 1, 2001 meeting, seven issues were developed:
(1) Isolation
(2) How citizens are viewed by local officials; i.e. stereotyping, race profiling,
labeling.
(3) Media
(4) Dover Police Department
Recruitment, Promotion, Retention of minority group members
(5) How citizens view police, i.e. stereotyping, fear, advocacy role.
(6) Capitol School District role
Recruitment of minority teachers and administrators, school board issues.
Ratio of minority students vs. minority teachers and administration
(7) The anger of citizens
Several strategies were discussed; citizen police academy, opportunities, hold council meetings
in council members districts, partner with groups, proactive approaches, develop diversity
programs, community league, community review boards, civic association involvement, partner
with multi-housing units and their managers, invite the community to the roundtable.
The group agreed with the issues discussed and a ranking should take place to address immediate
issues first and respectively followed. They further discussed inviting other members to the
table. The group felt that once the issues have been identified and agreed upon, strategies and
objectives should be developed for implementation.
All members present were asked to prioritize the issues and be prepared to talk about strategies
and objectives for each issue by next meeting.
The meeting was adjourned at 8:45 p.m .. The next meeting is scheduled for June 6, 2001 at 6:30
p.m. at University of Delaware, Paradee Building, Route 113 and Bay Road, Dover, Delaware.
Page 149
MEETING AGENDA FOR THE NAACP IN
REFERENCE TO THE STATE OF
DELAWARE DIVISION HUMAN RELATIONS
COMMISSION
WEDNESDAY, JUNE 6, 2001
LOCATION: U. OF D. PARADEE BLDG. DOVER DELAWARE
OFFICIAL QUESTIONS SUBMITTED TO THE HUMAN
RELATIONS COMMISSION & DISTINGUISHING COLLEAGUE'S
FROM THE NAACP.
PURPOSE:
TO PROJECT A REALISTIC TIME FRAME WHICH INDICATES WHEN
EACH OF THESE ISSUES BEING PRIORITIZED WILL BE OPEN TO THE
COMMUNITY FOR IMPUTE.
QUESTION #{JI
WHEN WILL WE ESTABLISH A FORUM THAT IS OPEN TO THE PUBLIC
IN REFERENCE TO STRATEGIES BEING IMPLEMENTED &
PRIORITIZED?
{ANSWER}
Page 150
Carvel Building Wilmington: (302) 577-5050
820 N. French Street Dover: (302) 739-4567
Wilmington, Delaware Georgetown: (302) 856-5331
State of Delaware
Human Relations Commission
June 12, 2001
Mr. Roy Sudler, Jr.
NAACP
130 Brandywine Drive
Meadows
Dover, DE 19904
Dear Mr. Sudler, Jr.:
Enclosed please find the minutes from the June 6, 2001 meeting.
Please review and be prepared to discuss strategies and objectives for each of the
issues that were developed by the group.
Our next meeting is scheduled for Thursday, June 19, 2001 at 6:30 P.M., at
DelDot, Rt. #113 & Bay Road, Dover, DE 19901. The meeting will be held in the New
Castle Conference Room.
If you have any questions, feel free to call me at 739-4567.
Sincerely,
{)-./-'f~ciu,,J-,& ~}a;
Juana Fuentes-Bowles, Director
Division of Human Relations
JFB:sp
Xe: Harriet Smith Windsor, Secretary of State
Al Carter, Deputy Principal Assistant
David Hill, Commissioner
Calvin Christopher, Commission Chairperson
Page 151
DOVER COMMUNITY MEETING MINUTES
The Delaware Human Relations Commission held a meeting on May 15, 2001 at the University
of Delaware ParadeeJ3uilding, Route 113 and Bay Road, Dover, Delaware. The meeting was
called to order by Commissioner David W. Hill at 6:45 p.m.
Those present were: Commissioner David Hill, Director of the Human Relations Office, Juana
Fuentes-Bowles, Councilpersons, Carleton Carey, Sr., William McGlumphy, John Pitts, Robert
Ritter, Eugene Ruane, Stephen Speed, William Truitt, Charles Weller, President of Kent County
NAACP, Cecil Wilson, Bishop Marion Lott, Mayor James Hutchinson, Chief of Police
designees, Lt. Keith O'Connell and Capt. Ray Taraill, NAACP Community Activist, Travis
Mishoe Sudler and NAACP Chair of Labor, Ray Sudler, Jr.
The purpose of the meeting was to begin a dialogue and develop objectives to restore and rebuild
the community together with all citizens of Dover. Highlights of the May 1st meeting was
discussed. Those highlights were as follows:
Partnership:
Partnering with other entities to establish a working relationship (Delaware State Housing
Authority, community leaders, Government Officials, Attorney General Office, U.S.
Department of Justice, HUD, Delaware State Housing Authority, Wesley College,
Delaware Technical and Community College, Civic Organizations and Law
Enforcement).
Media Issues:
How they can approach the Media. How the media portrays races and cultures. How
media self-evaluates news.
Education/Community Outreach:
Feedback from citizens - Develop ways to dialogue with community leaders; ways to
market the City of Dover, holding public meetings and how to be proactive vs. reactive
approaches.
Citizen Police Academv:
How the academy functions. How it can be a resource to the community.
Page 152
lo..-- _,..:. -
QUESTION #(21
WHAT IS THE LONG RANGE GOAL OF THE HUMAN RELATIONS
COMMISSION??????????????????
{ANSWER}
OFFICIAL NOTATION:
PLEASE BE ADVISED THAT THE {NAACP} WOULD LIKE TO WORK
CONCLUSIVELY WITH THE COMMUNITY AND NOT A SEGMENT OF HIGHER
OFFICIALS.
AS OF JULY 6, 2001 THE NAACP WILL NOT COMMIT TO ANY TYPE OF
PAR1NERSHIP WITH VARIOUS ORGANIZATIONS.
ALSO,
ANY ATTEPT TO DISCUSS THE REGINALD HANNA CASE WILL CAUSE THE
NAACP TO REMOVE THEMSELVES FROM THE PANEL.
ON BEHALF OF THE NAACP:
ROY MISHOE SUDLER ALONG WITH TRAVIS MISHOE SUDLER
WILL REPRESENT THE NAACP TODAY [JULY 6, 2001]
Page 153
DHRC 2012
Chairman's Report
Submitted by: Roy Sudler, Jr.
April 5, 2012
Submitted to: Legislative, Finance & Administration Committee
*******************************************************************************
As an update to Chair Sudler's Self-Review and Recommendations for how the DHRC could
operate more effectively within the purview of its mission statement, the Commission has moved
forward towards implementing three out of the eight recommendations accepted and approved by
the Legislative, Finance & Andministration Committee.
R-(1). That an in-depth discussion be held with city Council and the DHRC to clarify the intended
goals and expectations of the Commission, as described in (Code 1981, & 2-20;
Ord. of 2-11-2002).
On January 26, 2012,@ approximately 3:30 p.m. Council President Tom Leary and I met to
discuss a possible date and time for the DHRC and City Council to sit down together and review the
purpose, functions, and responsibilities of the DHRC in accordance with the Powers and Duties
Granted by the Mayor and City Council for clearer detailed guidelines.
The meeting went well and I am looking forward to establishing a healthier relationship between the
Mayor, City Council and the Dover Human Relations Commission.
R-(4). That the DHRC foster more collaborative relationships /Partnerships with other
appropriate groups / organizations in working to accomplish the Commission's objectives (i.e.,
faith-based groups, YMCA, Dover Police, NAACP, etc).
On March 12, 2012,@ approximately 4:03 p.m., I visited Delaware State University's Counseling
and Public Safety Division to see if they would be willing to partner with the City of Dover's DPD
& DHRC to discuss the value of Community and Student Involvement when helping Law
Enforcement Agencies in Resolving Race Hate Crimes and Other Related Incidents.
On March 28, 2012,@ approximately 9:24 p.m., the DHRC voted to partner with the So,cial
Action Commission of Mt. Zion A.M.E. Church, Outreach Ministries and the Dover Police
Department in an effort to discuss implementing strategies and programs for Residents of Dover to
"Stop the Violence and Turn In Unregistered Firearms" to the Dover Police Department without
any repercussions for Offenders and Non - Offenders of the Law.
R-(6). That the City Solicitor conducts a workshop for DHRC Member's, on "How to Interpret the
DHRC Powers, Duties and City Codes Granted by the Mayor & City Coru1cil".
Page 154
DHRC 2012
Chairman's Report
Submitted by: Roy Sudler, Jr.
Mr. Rodriguez [City Solicitor] April 12, 2012
City of Dover
RE: DHRC - Workshop on Powers & Fiduciary Duties
On January 25, 2012,@ approximately 7:47 p.m. the DHRC voted to obtain a better
understanding as to why the Intake Form submitted by Dr.Joe Burden Jr. concerning the 3 / 5 Racial
Slur Index Cards were removed from February's Agenda 2012. In an effort to help the DHRC
stay within its purview with clearer operational procedures, the Commission would like to conduct a
workshop under your leadership on the Powers and Duties of the Commission granted by the
Mayor and City Council of Dover, Delaware.
Below are two sections that the commission would like for you to discuss first upon your earliest
convenience. We thank you in advance for assisting us and we look forward to working closer with
You, Mayor, and City Council of Dover, Delaware.
ARTICLE II. HUMAN RELATIONS COMMISSION
Sec. 58-31. Purpose.
(2) Monitoring. Develop ways to measure and monitor community relations,
particularly those that are sources of intergroup conflict;
Sec. 58-33. Organization; quorum; meetings; rules of procedure; limitation of
functions; agreements; compensation; legal counsel; reports.
(e) Functions limited. The commission shall not involve itself in activities or functions already
assigned by law or decree to other governmental bodies
At this time, that will conclude Chair Sudler's Update Report on Recommendations Implemented
and Approved by the Legislative, Administrative & Finance Committee.
Page 155
DOVER HUMAN RELATIONS COMMISSION - 2011
Chairman's Review and Recommendations
Submitted by: Roy Sudler, Jr.
1/6/2012
******************************************••••*"'***"'*************••••*****************
As a summary and follow up to the DHRC - 2011 Annual Report which was submitted December
21, 2011, the following self-review and recommendations are being offered for consideration as to
how the DHRC could operate more effectively within the purview of its mission. Stated in the
City's code, Article II, Sec. 58-31, the DHRC was established to effectively help the City meet the
following needs:
(1) The need for an environment of fairness and respect among its citizens;
(2) The need for ways to effectively measure and monitor community relations, particularly
those that are sources of intergroup conflict;
(3) The need for all segments of the community to understand and appreciate positive
intergroup relations;
(4) The need for programs and services to help prevent and resolve community issues and
improve human relations; and
(5) The need for developing ways of anticipating, preparing for, and relieving community
tensions arising from intergroup conflict.
Recognizing that the above needs have been long-term and deep-rooted, the DHRC realizes that
there are no "ready-made, quick fixes," and solutions cannot be accomplished by the DHRC alone.
The key words in our stated purpose are "to help the City." With that thought in mind, I offer th.e
following observations and recommendations.
Summary;
The Commission has hosted special meetings and forums during the year in response to complaints
and disruptive incidences within the Dover community. These meetings were conducted in an
open and non-threatening manner, with the intention of objectively reviewing the circumstances and
handling of various situations. The Commission has often asked questions and sought information
from the Dover Police Department and others in an effort to determine whether the handling of
situations appeared to treat everyone fairly, and in a manner which helped to create an environment
of fairness, dignity and respect. The Commission has also collaborated with other community
agencies, organizations, City and State officials in seeking ways of addressing identified needs and
concerns regarding human relations and relieving tensions arising from intergroup conflict within
the City. An example of this was displayed when the DHRC was effectively used as a mediator in
f !
Page 156
resolving an alleged unfair treatment claim against the City's Housing Code Enforcement Division.
The Commission was able to reflect the individual's concerns while conveying to him how
important it was for him to be in compliance with the codes. Today, both parties are working
together in an effort to permanently resolve this matter.
Rec2mmendatfons;
(1) That an in-depth discussion be held with City Council and the DHRC to clarify the intended
goals and expectations of the Commission, as described in (Code 1981, & 2-20; Ord. of 2-
11-2002). This should insure that each group has the same understanding of the purpose,
functions, responsibilities, and expectations of the Commission. As Councilwoman, Sophia
Russell stated, "the Dov-er Human Relations Commission would function more effectively
through clearer detailed guidelines and procedures for the Commission."
(2) That the DHRC work with the Mayor's Office in developing detailed written guidelines and
operational procedures for exercising and accomplishing the Commission's seven (1) Powers
and Duties, as delineated in Sec. 58-36. Perhaps this should include definitions,
explanations, clarifications of "functions limited," ways to determine when/what they are,
and even protocol for soliciting/receiving other funds.
(3) That a youth commissioner be added to the Commission. This would help to expand the
Com.mission's inclusion of representation from the entire community. It could also help
with developing ways to measure and monitor community relations.
(4) That the DHRC foster more collaborative relationships/partnerships with other appropriate
groups/ organizations in working to accomplish the Commission's objectives (i.e., faith-
based groups, YMCA, Dover Police, NAACP, etc).
(5) That the DHRC be granted authorization to receive training for investigating and
monitoring claims of unfair treatment, exclusion, and racial tension in accordance with its
purpose, responsibilities, and functions. Other suggested trainings would include the
Mediation Process by the Center of Community Justice in an effort to help diffuse/ eradicate
conflicts.
(6) That the City Solicitor conducts a workshop for DHRC members On "How to Interpret
the DHRC Powers, Duties, and City Codes." This should help commission members to
function more effectively within the guidelines of the DHRC's purpose.
(1) That the DHRC and City Council work together to develop and approve a Long-range
Strategic Plan and Annual Operational Plan for the DHRC. This would greatly enhance the
Com.mission's and City's ability to monitor, measure, and evaluate effectiveness of the City
and the Commission in meeting its five (5) stated needs.
(8) That professional training be provided for the DHRC in "How to Develop a Strategic Plan."
Page 157
1 [gJ Being a Prepared Tenant in Delaware
Presented by the Law Office of
Michael P. Morton, PA
mmQOQO@miohaelpmorton.com
302-426-1313
2 ro I The Landlord Tenant Code
• The operative code under which all Delaware residential landlord tenant relationships
operate is found In the Delaware Code in Tltle 25, Property, Residential Landlord
Tenant Code.
• 25 Del. Code. §5101-§5718
• http://deloode.delaware.gov/
- Click on Title 25· F'roperty go to 5101
3 f_g ) Manufactured Home Owiers and Commuiity OWners Act
• This code regul~es all rentals of lots for the placement of manufactured homes in Delaware,
• The Manufactured Home Communitias act DOES NOT govern th• rental of manufacture home$, only
the rental of the lot. So if a tenant Is renting the lot and the home, then two code apply.
• 215 Del. Code § 7001-7025.
• http://delCOde.delaware.gov/
- Ciiek on Trtle 25.- Property then go to 7001 et nq
4] g] Local Codes
• Wllmlngton Code, Chapter 34
• NCC Code, BOCA National Property Maintenance Code
Comp1111nt 111•ner'atlld compllance vl•IW
- Tim.nhl Rlgtrt. Gmd•
- Yearly "'gl1tr11tlon
- Protocol fOr Random ln11p11etlon1
- Enfun:ement or penalty Hct101111
• City of Newark
s!o l Landlord as defined in Section 5141
• The owner, ln11or or1ub·IMtorofth11 nmtlll unltortht proptlty OfwhlC.h It la a p•rt•nd, h1 ICldltlort, •hllll 111t1an •ny
person •uthorizltd to t•trclH Illy Hpact of th a man•nemont of VI• premlaae, lncludl~ •ny ~rso11 who, directly or
lndlrectly, rec;olvt1 r•ntt or any part thereof Dlh•rthan Ha bOna fide purcha1111r .nd wno hu no obligation to delvtr
tha whote of 1uch 1'1M)8ip&9 to another perton: or
• A11ir peraon hllld out by any landlord H th• epproprllde p•rty to •cctpt P•rfonn•nce, whllthar •11ch Ptf'IOll It a landlord
or nat; or
• Any peraon wltll WllOm VII tenant nonnally deallli n a lllndtorcl; or
• Any perton to whom the peraon epeclfled In 1u11pat.1111raph11 b. and c. of thl• paragraph ill dlractly or ultlmawly
l'HPOJlelble.
6 l.oJ Landlord as defined in Section 7003
• "Landlord'' or "community owner" means the owner of 2 or more manufactured home lots offered
for rent. It includes a lessor, sub-lessor, pa.111. owner or receiver of 2 or more manufactured home
lots offered for rent, as well as any person, other than a lender not In possession, who directly or
lndlrecdy receives rents for 2 or more manufactured home lots offered for rent and who has no
obligation to deliver such rents to another person.
1 iol Tenant
• The Rtsldentlal Code defines Tenant as follows:
- "Tenant" •hllll ma•n • ptrton 1mltlld under a ... rttal a11111111ment to occupy a rental unit to the 11xc=1111lon Of othtr.,
and th• word "tenanr' 111•11 lnclud• a11 occupant Of •my pnimillH pun1uant to a condltJonal HIH 'f!l'ttmtllt.
• Se<ition 7003 reads in relevant part:
- "To"'nt" or ·11om1 owner" mNn• an OW"*f Of a manuf.lduntd hCHT111 who has • t.nancy of• lot In a 111.1nu'11cturad
nome commun1~: 1 l••H•.
e ICl I Lease (AKA Rental Agreement)
1
Page 158
• The Re9ldentlal Code defines it as follOW$;
- "Fltntal a~1911mant" ahall metn •nd l~lude all •IJl9M'lltntl, Wl1\ttn Dr oral, which nuibtl11'1 or modify the tMm•,
conditlon11, rules, regul1tJ011t or any other pmvltlons conc•mlng the uaa •nd occupancy of a rental unit.
• Section 7003 reads 111 relevant part: .
- '1.•H11" or "l'llntal l{ll'ffmtnr Mtilm1 a written contrlet !Mtw;Mtn a landlord and• ~n1nt eaf.llbllahlng tha l!lrmt 1nd
oondltlona whereby• m1nufactunid home la placed upon or 11 allowed to-'" upon a ranted or leased lot In 1
manu,.cWrtG l'IOr'tle community.
9[g) Rent
• 'Ole Reeldentul Caci• di;tH not define rent but has HV"al Nlev81t pnlYlelona thal • ., whet I• eOOllldored renl
- ...... '"' .... eoneldlred 1'8!1l l&ll01(d) MY• In part: "A lat• Jo& I• CDnll~rN . . a<lcllllonal r'tlllfDI lhtt Jl"l"p<>t. . Ofttlle code."
- § 5312Hya In relevant part; {•I Ch•f'll••lor ullllly aetvicH mid• by a lanCllOnl la a i.nant •hllll b• eoneldt,.d rent lot ell
PUfPOHI under 11116 Com,
• ~11on 700l .....-1n r'tlednt .-rt:
• "Renl'" mHn• monoy p1ld by 11tn1nt to a!Mdlordfvrtha pollHHlon, UH Ind onjaymsn• of a ,.nltcl bl and olfler parts ol ,,,.
pl'llmlHI lo't a rl!anufacttired homt comm...ity put.uont to• 1'9flttl 11j1Hm1nl For P'"'l"'"n of summary poNOHkNI. roni
1nc1uaea 1a1a f11oa for r.nt. other I•• ana ctll!'Q•*. indudlnv IAllllY cnarvee. and the tonan~ •hart of 1116 ·oe1 ....... ,...,..r-.:md
Home R•l-tlon Tru.i Fund ••-omenl
10 I.Pl What to do before you rent?
• Condition of the rental unit
- Take photogl'llphs
- Ask for written check list for d•tlcienctes
- Maka au,. they tum In sheet and keep ci copy
- Remember Code protects you for promises of repairs.
11 [gJ § 5302. Tenant- remedy; termination at the beginnirg of term.
• (e) K th• landlord fllll1 co allbal.lnlllllly conform to ch m1U1l 1grae-t of If th""' b • matertll noncompnenc• ~ any i:od9, ei.tute,
on:lnan~• or regulation pemlng tho 1TU1tne.nanee or operlllton Of the prom1. .,,, lh.• l•nanl may, on written nailce lo1h• landl«d,
l•nnlll'llt• the 19111&1 lll'ff!Mnl lll'lcf vacat.111• pl9llll1aa 11 eny lime dunno tM 1111 monlh of occllp6My, aa bng at th• i.nant
remain• In poN.. llOft In r.nenee on • pfWTIIH, whether wrlllen or o,.., by the llmdl<lrd lo correct tD or any part of the con<llUOll 01
c;amlldona which would juellfY termlnlltlon by lh• 1tn1nl unatr 1111 UC!Mm.
• (D) If th& let1•nl rormtrR In p-Nlon In ratllnct on t piomlM, wtletlm w111ten or""''• by lh1 llnclon1, to~ an o< UI'/ ptrt of
tho condition or ~nd1dotl1 wtllth would juallly ''""""llion bv M le!Mlnl underlhia •1t10llon; and If ~ranuelly the nm• a~ or
omiHlon which con11ltutH 1 prlor-nonGOll'l!'lwu:e, of which pflor nollce - 9lven undtraubQVUOn (l)of 11116 A*t:llon, roc11,_ v.llhln
6 month•, tho l•~I ""'1 ltm11n11e t11e terbl "11,...,.nt upon • IHtl U day&" writ.tan notice, which notice 1hall tpeclfy ltl• broach
- !NI dllli of huminatlon oflh• ,.,.,., •CP'l•-11L
ii lQj § 5302 continued
• (Cl N lhfrt oldnr any oondl~.on ""'l•h d•ptl•.. 11\t 1man1 of• 1ub.11n1111 pMl DI t1u1 b.tntfll or •<"4orm""'
al 81• lonon,.1 tll1111t1, ""' i.n1n1 Ny
no~ry lllt landlord in wrill"i vt llK ••ndlllOfli in•, K tlHI lamflord doH not mnody Wit «ndltlon wirhln 11 cloy., ""' '"""nl 1111y tomlinaia d!o l'tnt.tl
l•l'Mment. The tononl rnu•l lluon lnlaal• tl'I ocllon In the Ju1.llo1 DI llM ...... °""4f Htl<ing a dMnnlnallon llull Oto 111141+~ hn lnwa.ohod n1& llntll
lf-Mtnt by d1privlng ll\o Mn.Int ol I 1ubolanV1I poll of lh• HMfll ounjO)'mOlll oflll& bll'Gllfl tnd 11111 lftkdam>flH, ln<ludlllf l t'fnl dod<tctian
lront h dalt Minon notlH of Ille aandNlon - • oMn lo 11\t landlord.
• (d)l'IM 1161111111on tllltmd lo In aulaoollon l•I ollhl• uetlOll •tt CluMdwilltuHyorn•vHgonHy It)' Ill• lllndlord, tho tononl may,.,...,,... •t'flllwr
DI:
• (1) Th4 d~• ba-.n lllt ~t ""]lllblo umMlr Iha rwnta110,..111tnl Mt •N ..ponuo neaonary IO oll1alfl ..,.;wlent oubolltulll hOU•lng tor thf
l'9m1iftftr of lM r.ntal t ..m: or
• m"" oraount aqwu to 1 ll'IOlllh'I - lftd Ille tt~Utlly dopolll~
• C•l Tho i.n:alll "'°' *'
no1-.,. Iha rtf!lll ltrttMmt lor • aondltlon oau-11)' IM wtllt lluo """br ttio loNM. o - • I .i l..,.n(o lomlly or •ny
otti.r perwon on dw pnmlH1 ~OI ttta ttnant'• comwnt. If• tenMrttenn&natiH wr~tfwlty, th• tmant 1tw.lt ,.,..,n
obllO•lH tit!Wltt tt-.. nntal
lltffMtflt, (TO Dol. ~-. a. 813. ti 1,J
13 [g_I §§ 5104. Obligations of good faith.
• Every duty under thia Code, ~md every act which m~t be perfonned as a condition
precedent to the exercise of a rig ht or remedy under th is Code, Impose& an obligatlon
of good faith In 1t$ perfonnance or enforcement.
14 joj §§ 5116. Fair housing provision&
t (•I No para.an, tMMf ll\ OWftttl Ot •tent vf any 1W1l u.t11t8, bcM.11• 1 lpt~I Moth.,- fttl'hiH•~ 1halt rwfu••
ordMJllM ta nnl, ault,.r\11 •vDl••M1
HMqin or crannt eny elllaHne re ntal •Qf'MM•"1 co« ot mv ll'J'\Htl otan~ peraon b1 ,.HOft er fflct, C,....4, nU9ion, m.tt.I 1t1.tu&. aarar, ••n, n1tLool'l.Jil
origin, dlubtlll)', 190., ot-Uotl or HcauM tllt tonam or ponon hH •child or clllld'9n In 111• lomilv.
• lb) No ponon ahlll d - d ot roc.lw 1 gtNtat 111111 U ~I lor 1111 "'"and o<euponoy at any p111m1... i..e1u1t IM Ptroon nmting or dHlltnV lo
r.nt tM pA1rN111 ll or p1rtlc:ul11 t•e., CNMfi ttlJQlon nwri11il •tlN•. col«.•••. n1t1on..1 ott9ln, dlHhllMv, , . . or 0~~1.1patlon or hH • ahUd or
c;hll.,_ In Ibo lomlly.
.t 1
• (e)-.,. •• e"ttm ti id~alkwl undoer tnl• Hatton, thll Vnant may ne-awr lll•MltH •~ ..1"i,,... ... • 1'91uh of Ill• ..ndlonl's aallon, lncludlnf, bwl "<111
nm11od ID, r'tOtllHI• ••~ nttotouy to olil.oO. ocloqualo suba- nouo1no.
• ("I N-•ta.ndlng •ubMotiOfl (•I of 1111• ~l!Otl rtl4M111 IO ea-
d!U.Wnollon. oml conoktont wllh ,_,., •nd lllala folf "4Ufl<\t H1t, a ltll<llord
,,..., m11'• ,.nu:1unMa1wlLtb.. ••tfU•twty for Mf!IC.1 ov ..
1\1., ei\btnt.. A Mnlor dtinn .. nt.. unk an.11 be ilV!lhbi. lor NM aGNI~ t.a .. ~ eftb.tM,
wlthwr l'tlllrd co ..... crHd, re!l;la•. mult.lll ola11J1. clll0<. .... nollonal oi191n, Clultllity •r otewpolivn of.,. Hnlor chlMn 1n<1 wtthoul n91nl to
,..,.llltr 01 nol tho Hnior dtinn i.1 • do1H1nd411C child or chikhn In lhl rwoldlnoa.
• TIMt MC1io!l It tllfffeocl lly IM f f - Rola- Corrml1olon.
1s In I §§ 5106. Rental agreemait; term and termination of rental agreemert.
t ~·J Na nntaJ lff9.,,.nl, un .. H tn writing. aball be lft.atlvli far 1 IDnpr tl"rm IMn 1 y.ar,
• ~b) 'Wblrw no tlnn 11 UPJWHIJ pnNIGed. a .. n1u •gtHmant for prwwlHs Shaft bl dellMd Ind aanwtrued to b• far• "'°"th-4&-Manth ••""·
(<I Th4 londlord m11y lllnnlMto •nr nmt•l -,..nt. other than 111onll!.c........,1h ._,_,.. , by 11tv1nv •minimum tlf IO da)'I' - · noii.. to''"
2
Page 159
tana"',..nlPl'iot I•....,,!not•
A .. 1111y
lh• Hplratlonaf~ ltrm ol h l"llnGI
• ronllll ... . . _ br~
qro..,.n~ Tiit l'IOlln •hllll lndl< ... 11111 N ... _,,.,.. • h• Ulo""'nllt
• mlnlnlf.lm ol tO d•~·· Wllttan not~ pt1011o lho u ptraUon of tM of
tt"'1
upon~. u pl,..tJon d•t•.
lho rwn1111 'U'"'lltlll
th•t ttt. a.,_""'n1 1MI tsnn1n1ta Upot1 ht. •11.plmion d1lli.
• (di Whwt tllt lorm of tho rantll lll'ffll'r*nl lo montlMo-rnantll, Ult landlord or lllnonl llll'Y ltrwin• tllo ronbll •tro-1 br giving tho olh4r pally a
minimum ol IO doyo' wlftlon nollet, Which tM•y ponoa •hill ••Ill~ Ori tfio ht day of lht MOlllh following tho day of actuol notl,.. .
the""""'
at •nr confllot botweon th• bll!M of thio Cod• 1nd tho'"""' of
•
...-1. . . .,
(•) Wllh rqord to• tononl o•..,Prlnt a fodonlly•uboldtud h-1"9 unh, In
1ny r•cftr.r t.w. r.gufatlonl °' th• t1nrw of Ulli recMraJ ,••• niuut.tlon• or eukl•-· ....., control.
iG ILJ1 §§ 5107. Renewals of rental agreements with modifcations
Csf ............,~•~Wf"WMl.....,_.. -. • ...,.....,,,.......,.......... .., u. .......,. t iwi1tt;rt . . 1_. • ..........,.,.111,.r+'wtt1w1nalk:iilprtar .. ._1.,.,...tt"Oll"'-
~~·=::!:',:=:=:==:a.ll!-::.•;:!".:".!:.•~~~-=-~=='~:~:;Z:W~1~•
,_._
• Olif ..... ,....,.fif ... -'k•"- .. .__., ................... ......... .,, ...
f
...
.,.,....,11w,...-.4th._.,...9',,......,..,~.....,w.__.
-.
...... ,........ ......... .
. u...._-ffM.,...•o,..,•..,1••..-....-...
~.,.. ~ . """'9HfMl
i.,.ff..,.,_.., .. ........ d
~--·l"lfMl16
__..._..._ _. .,.~.,....,ot
fqNIM ..... rlffoM".. rnMnrd...,_., ~ -"' *\11'- t "°"""".if,_.,.,...lh-o ...... .._. ....... ,trlntl'Jll ...KtlllNllkll;elN.._. ...... ~.,.......,~ROllNt.
~~=~=-.,~~~:::..-.:.=-~
~ al' •.__'tlttt&M.,....,
~':'U:::V:::i::~~~~
.,..~~l
. . i.1mg..il111IM ..,..,.Mltill lmlf.._ ...
:.~~-::-~=:HW
1 ~MUO :.c:::::r~ ~il'll ..-t. rl...,~
. . .. . ..... tir • ....... ..
.. ..
~ ... , ............ COll9MdtMl..... M-,tfUOJ. . . . . . . . twtlllllhl,Uw-...a..t.11MUO~n- ............. cANNl, ftf Otll...-. o.1t3, ll 1J
17 U I I §§ 5108. Rental agreement; automatic extension
• (a) Wh•re a Nnlal *11,_.,,.llt, vth•r lh811 ftt flrWr unit, 1, for 1 or more yu.... •nd &O dlty9 or upward befa111 If,. •nd vi the lenn elth•r
the landlord doe&'"''
give nodce In W?ltlng IO thtl flln.11nt ol landlCll'd"l ll'lttntian IQ wnnln1t1 lhl ...r\t•I ag....IJMlnt and th• tOIWll doH
not give 45 dllya' nolkie to th• lmdlord or llon.nt'a 11111ntlon a> lennlnal<!I Iha 111nt1l 111Pam1nt, the i.nn ·~•II IHI mont1Mo.mar1th, and
all vthu CAlllM of the nmt«l 1111M1111nl llUll conlin\le ln fl.IN *in:e and .il'ed,
• (bl Thi provlelorla af H 1107(1l lhro119h Ce) of lhla tilla •h•ll oon1191 lr a nDtiC1t af _ .. With modltleatians hn btlln aenL
• (c) Wllll 1'6Q•rd ta • i.n1111t occupying a 1*..,ralfy4Ubaldlnd hou<lg unll, In 1119 ntfi of~ cunfll~t ,,.._.,, the terma tJf Ihle C<>d•
and Ille lenn• rlf llflY f1d1ni111w, 1'6gulatlarui or11uld9llnM, lh• terWra af th• t.d1r1l l11W, NflUWlan• or guld•llnff ahlll eunln>I,
10 lo] § 5109. Rental agreement; promises mutual an::t dependent
• (a) Malrial prom!•"·
agl'M!Mnta, r:own11111t or 11ncl.rtakln(l'S of an~ kine! to bo performed by tlthtt party to a nmtml
agreement ah11ll be lntttprvled n mutual 1nd Cltptnd1nt r:ondltlo.,. to tll• pedorm11nce of imMr1al promleaa,
agreamente, COl/tllarltl 11nd unde~kfng1 by ttl• alttar party.
• (bl A !Nrty 1111C1erblklng to """°'cty 11 bl'Neh by tha other Plli1y Ill KCOrdllnca with t11l1 Coda shall be dffll\td to h~ve
compli.d wlththa terma tllW. Coda lfthalr noncompllanu with the auct IMtnK1iont1 ofthla Code 11 nonmablrlal and
non prajudlclal to the~ party,
19 !o I §§ 5110. Rental agreement: effect of unsigned iental 41greement
(II If the IHdlDrd daa• nr.>11l11n I wr!Mn -tal ._l!Mnt Wh!M hat been olgnod MCI t.ndotred to lhe landlDflj bf lh• ten~.
•
ICceplanc• "' ... itt wllho\lt IH8'¥1UDll lly Nt I-~ •hall give to IM nrnlrd _ , _ , I lhe · - affect . . H
th• landlord.
It"""-" llgned by
• ltil If 1111 tenant - not 1lgn a Wlltt1n Nftlal aer-ment whlell nae bHn •!0111111 and letldlm to lh6 1..,..,, by the t.ndlOfll,
•~It!- tJf posamslan and PllYrMnt Of rem by tho i.nanl, wllhollt reael'valian, •'1111 glv. to lhe ,..nlal ag ..ament the NnM "'6cl
M If II hlMI INM!n elgnod by the 11tn11nt.
• (c) wti,,.
a 19nt.I agrHmenl Whldl h~" bwn given 11T1et by 1~, -;itlon of thl1 aeetlon Pfvvllh• by ha lerms fDr' 1 t.rm longer lhln
1 year, It lhBll 01181'*1* lo Crt1llla only a 1.year -
20 Io I Verbal rental agreements.
•Are recognb:ed under the eode, but are not recommended.
21 jLJl §§ 5101. Applicability of Code
• (a) Thie Code a hall regulate and detennlne all legal rights, remedies and obligations of all parties
and beneficiaries of any rental agreement of a nmtal unit within this State, wherever e.xecutad. Any
rent.al agreement, whulh•r written or oral, ahall be unenforceable Insofar as the agrHment or~
provision thereof confllc\$ with any provision of thlt Code, and Is not exprvssly authorlted hervin.
The unenforceablllty shall not affect other provisions of the agreement which can be given effect
without the void provi11ion.
22 :ol §§ 5501. Tenant obligations; rent
• l-l _ _ ..., _ _ _ .... cww1o.--........... -a1 .... ..-,llMI--...,..... - .....- ............ _._
_ohdbo_o1.,.._..,•. ,a1 ..
-,,.UO.flfh .........h.
• llolftll!l-llOlpo~ollto.timomdplooo01-"lo\l""...,..,IA-iloo1..,.,_ao,_,.,.wr.. y11rm""tmont11or
~. wft"'1 "1CMll'l'&f..t111i11H M,...,•W.a ........... ""99"""'11'10"tftofa lut'i9w .......
• l'l""'*'"'"- ..-....-ri.r........__................... _,,__ ..... "'"""-··--do- tl Ol 004._ l_fal ...
• ..-.....y .......... ,,_...,.,.,.
l<l~ ............. a1 .......... - - ..
"""t.lrnne.Alllo dlorll l l _ t _ oo..W;olonol _IDr.,.,.,._. al .... ~, n..1o1t dtuilo- 1111tbO~ .... -i., fn,.C11 ... 111!Md-llr,......,
.t ,...._ Tl1t tlft4il.,. MIU. h -.. ~ti M "'1ich hi- .-... i;_,1 • tioc.Md, ftlillll~ ., eilka °'..._,.~ P*4 flM' reota.c.or..,...._,__.. JM\'T'll't .. 9'M ~
llfl<l,Fllllllro10,,..i.....t......,. .., v1fM,ot-•PotlMl""t'*"" "'"",......."""'""cmor•-po111. 111...._. .,. ........
N )'Ofld "94_... .._..~ ·
- """",.._"'_..,s..,..
• (tllJH'alMlllOrll ~ 1111111" paYMlftib'....t,••...,~ lh•' wtllln t&UV..a•v. IDh ...,_, • fftllipt,_,rw.t,arnwiL 111• 1Mdll!ln::l atuil...,.•pwtod lllfJ ~rs.
nwlr.w. • ..-nnl Ill~ Alli l1JIGilt,n for IWIL
23 ID I Other Faes
• The code has a num bur of provisions govemlng what fees can or cannot be eharged.
As previously mentioned you ean eharge a late fee. See §5501 above. You may also
be charged an applleatlon fee. Assurance money Is prohibited, and all other fees are
3
Page 160
covered by §5311.
24 [gJ §5514
• (d) Wb1rv 1 lllinant la r1qul-.d to PIY a fto to dstannln1 the ton•nt'• crtdlt -rthln&111, 11u1:h f141 It Jll IPPllCatlon t.1. A
or
landlord may chuge 1n appllotlon fM, not to eir.ceod th• greater either 10 percent of the monthly rent fOf'tl\9 nmt1I
unit or $60, ta dablrmlnt I tonant'• credit worthlne111. The lancltord allall, upon nocalpt at .-ny money Plld H •n
1ppllcal.lon fel!, f11mltll a .-.c.elpt to th• tenant for the fl.Ill amount p11kl by the tan11nt, ind 1h111 m1lntlln for 1 period of Ill
leaet 2 yee111, compl* 1'$COtd• of all 1ppllutton f&H ch1rg1d and amountll nicelved fot OIQll eucll fte, Whe111 tM
landlonl unlllWfull)I dtnllnd• mont than the lllowfblt IPPlltaUon fu, the tenant ahall bo trithlff to damqH equal to
do11blt tht 111n1ou.rt Chiirged .,. an appllc-tton fto lly th• landlord.
2s Ici §§ 531 O. "Assurance money" prohibited
J
• (al In eY"'I 1r-1c11on ~•l'6hl an •pPQ~Ck>n It made by 1 proepecBve t...ant to•-• dwtlllno unit, 111• pnitpadlve landl~ 1ir
owner of 1111 clWelHl'lg Ul'lff lih•ll not •llk for, nor 111c.1vt, any "IHUterw:t money" or o~r poymenl Which la Ml •11 •ppliadlon fOOI,
M~urlty depoel, pet depoell ur •lmll•r d•po•lt niHrYlng lht ct.wlllftO unit for Ibo pro.-llvt ttnanl ror a time certain. The
Pl'QIPKllYt l1ndlOl'd llhall lltll "'1-u- "11 prolPICtiv• -~ aa •,...tot any i:nidlt or vlMrtnM or 1nveet1oa11tin. ...., ,,_,,hon "1•
•s>eClfk: coat of euch lnvoatlCjltlcm. Forpurpon• Qf thl• MCtlon, •111uranc1 "'°""'"•hall mean 1ny pa)fftlnt to Ille protpective
landlonl by a proepecll~• ten~t. bmpt on ..,p11cadon 1•, a paymtnt 1111111 way ol • sewrllY d-11, pel dtpcKlt or almllor dopo•lt,
ffHMng "" dWtlllng ullll forltlo P""ii.ctlv• lt1111nl ror a Ume c.1Ul11 or th• ra.lmb~n11 Qflhe tpeclne 1uma eopendtod by lht
landlord fn crtdH or olherln't11Ugalona,
26 in I Assurance Money Continued
• lb) Each landlord 111"4111 main, fOt a period af & monttui, the rteordt of Heh application m11de by any protptetlv• t•nant,
Upon any ~ompt•lnt Of a violation of thla 1actlon,
tht ¢on1umtt Protactlon Unit of the Attomty 0.Ml'll'• office 1hall
th••-·
lnvettlo.i. of tn•
•h11ll lntervlaw tenanw landlord and 1h1H, und• appropriate IHl'Cll warrant, han the right
to lnv"tlpto •II r.coni. of Iha landlord peiwlnlng to •PpllCdlOt111 made within the p-Cllng e montha. If auch
lnv•ttlgatlon l'9Yeah1 good cauae fQI the Attornty Gamlt'llf• office ta t>.1i.11e tlltrt llU b..n a vlolatlon of lhla a~on .
the Attorney Gananol'a ofl'li:e -y lttu. auch caeae and deelat ordm In -ccordanc1 with ff ·2S17 of Title ~9" •rt
required to remedy tht 11lolatiorl.
i1 [g] §§ 5311 Fees
• Except for an optloRf!l service fve for actual services rendered, such as a pool fee or
tennis court ftt•, a landlord shall not charge to a tenant any nonrefundable fee as a
condition for occupancy of the rental unit.
ia [o I §§ 5301. Landlord obligation; rental agreement
• (•I A nintll ~ •h•ll nat pni'""tU.9' a llnant:
• (1) A11note to Wllvt orfOl'llQO rigllta or -...ii.. underthl• Cod•l
• {~) A1.1thlll1~" any ,.,.on to conr.11 ~ont an • ~l•lm alislncl out of It!• nintal _..,,..,.nt;
• (~) A11i.11 to tht 1xc:u1paaon or HmllaUan al' •nr Uablllty d th• landlonl arlalng ut\dar law or tc:i lndem~fy ltl1lan<11on1ror11111 llabllily
or tt11 - • connactacl llletewllh.
• (b) A provl9lon prohlbffecl b~ au-lion (•) Qf lhla ff<:tlon Wlllcll la Included lrl ths ....... a~t 11 uMnfOIHllMt. If I landlonl
attempte to enran::a ptt1vialons c:if ~ nirmd aqraHlerll known by th& landlonl tc:i be pn>hlblled by 1ub1ecll011 (a) of tlll• •to;llon tti.
tenant may bMg an •tllon hi ra~ov.r an amount equal to 3 monlll nmt, tag.tti.r with coata of eult but e..eludlng .tt""'•Y'' fvw.
29 [Q) §§ 5111. Attorney's fees prohibited
• No provi111ion in a rental agreement providing for the recovery of attorney's fees by
either party In any suit, action or proceeding arising from the tenancy shall be
enforceable.
JO I DI §§ 5107. Renewals of raital agreements wlh modifications
• (•) If Ille 11.ndlatd lr1tend1 IQ non.w th• nintol agra•menl subject ID emended or molllft1d prvvl9lon1, the ll/ldlold 111111 QI•• tire ltnanf
a minimum of &O d•y•' wrill•n n1>llc1 prior lo the Hplrauon of lh6 1"61\tol -rne"' Chai Ult 1111111menl ah11l be renewed ""bJect to
•mended or modified pnivllilon•, lnlllucllnll lllll not lln"itecl !ti, amondod provlalona ... lolfng lo Ill• length d '-""or the amount of
security dap...it 1>r rant. S1Kh notice ehan 1p«lly Iha modlllOd of amimdltd proy1~-. th• amount of eny 1'6dl or -..rily dopmlt
end lhe da•..., which •ny modHl~etl11nt or t1m1n~nm thlll taka lfltct.
• (b) After 1'6Celpt of *uth notlc• fn;nn IM lmdlord, uni.a. the •n1nt notlflH Ille lelldk>nl of jho
of,.
ex1611rl{I telltal .1(11"69Ment a minim..,,
t.n-• lntendon lo llrmlMle the
days pt'fOf l1>Ult lano.)' of the tenn, the provhllott• of the "'"911ded ar madl!Md ni-
.agniemenl .m.11 btt dnmed to ~.., bOln tK:ctpC8d Ind agreed lo by the tenant. and l\e lletm* of the 1 - , .. •mtncMd, .ti.N ,._Ml
·-••lldetrect.
31 [gJ Renewals ~ith modifications
• (~) H Ihm ..,.,..., l'ltftc\I the modtf*l 111m11 or provtllon• •" fCK1h In a notice of ritlllWal given 1111d6r 11111 aacllt111. fhen tho 111jec:1ed
rwlle• Qf ni11•w•I •hail w ~ori11d1nid an .n1ellv1 t1nnlnalton notic..
·--by
• (d) The C.nn• Qf 1ubMctlomr (•) lh1911gh f~ vf thl• 1eet1on 111a11 not bt -iipuca1111 Where 1111 tenant'• rent Md aecurlty d6~1l.,,. •
tun~lc:in ol tht 1enan1'1lncome In a«onllllct With my form or twgUlellona or guldllln .. of Ill• United SUIH Def*'tMnl ol Houaino
Ind Urball 1>9vtlapme"' (HUD); In !he nont thlll they ani • functbn of fncome, th• n111ul111one 1nd guldllln11
wllh rag•nl to th• da1onnln111lan •nd fuWrw adjua1mon1e d • 11 ... nre 111n1 end ••cur11)' d•Pl>.it .tl!IR 111>vtm. With nllllnl to• IMitnt..
occupying HUO.aubsldlud unllll, In the ev&nl of any confll~b-•n th• '"""" of this Cod• •nd "1• to.,.,. of M'IV HUD ragulallon or
HUD
guldolln•, Iha''""" d • HUD regutolion or guldollna 11.holl mn&al,
32 Iti] §§ 5108. Rental agreement; ra.m
automatic extension of agreements
• (•)Where 1 rental agree"'6nt. ather thH Iii' unit. I• for 1 ot more yeara. and Ill di.ya or upwatd - r e Ille end til Ille tonn eilhet
4
Page 161
lh1 landlonl clon not DW• nMICi In writing ID fut leNnt of landlC!fd"l ll'lttntlun to lllftlllrMltl ,,,. r•nt.i ao-n• - lho t.nont doe•
not g4.., '4S day1' notice to the landlord of llmant'• lnt1ntlcm ID t1rm1nata th& l'<lnt.I ......,ment, the term a11an be n'lantholo.....,nlti, ;and
all alh•r lllrmo of th• renllll agrMn'lfnil •hlll ~ontlnH In full 1Qre1 and elfect.
• (b) Th• pravtalona cfH S107(a) through(~) ofltlll lltle llhatl canl1'61 If• nallc1 of renewal wtlh m6dWlcall0ns hH b"n Ant.
• IC) With regard to a t1111nt na:upylng. l1du111y-11uMldlmd !\au.Ing u.,J~ In th• evert or any COl'tnlcl b-aon 11>9 term• or 11118 Code
llnd the t1m11 of any fed1tn1l low, r.guladonl or guld.tlnH, the lmmui al !tie ftderal law, NgUllllf11'd1 ot9uld1Hn11 ohllll IXlntrol.
33 [gj §§ 5514. Security deposit
1 111(1) A landklrd !My nqul"' "11 P11Yment0f llCUl1ty ci.poall.
• (2) No ~dlord ....,. ,.quint• 11cu11ty d•pHll In • - • uf 1 month't n1nt Wll- - rental •gnem1nt 11~r1 ytar or more.
• (3) No londlord nwoy roqulrw a ..curlty deposit In Hean of 1 monttl'I rent {With the 11tceptlon of f1dlr1ttv-u1lllld l\oualng
ragul1tions), for primary rHldentlal i."ancios al und1ftned terma or month IG Month wh1ro lf11 t1n1ncynaa 1a1ted 1 yea; or mare.
Aftlllr lh1 e11plra.llon fl 1 y-. the landlord sh•lll lmmodlately return, u a credit ID the 1enan~ ;any amowit In exctee t# 1 manlh's ron~
• (-4) The Hl:Ur1ty dlpOalt llmlte, let forth mb;>ye oh all not mpply to romlahed rent.i unit.,
• (b) e11cl! HCurlty d•pa•it •hall be pieced bv th• Mlndlord h'I an Merow b•nk llCC:QUnt In • hdtl'llly-lnsuntd banking
lnatltutlon with an ofllce th•l eccapta dep°'llt wttnln tilt Sta... Such •ccount ah•ll bt cl11lgnmd •• • Hcurtty depo•"-
•c:c:o11nt encl than not ba uaad In the opert.tlon Of 1ny butin9H by the landlord. Tht 11ndlOl'd thllll lll•clou to tha tllnent
the loclltlon Of th11 aacurtty depo~ •cicount. Tiit HCurtty deposit prtnc:lpal •hell DI lltld •nd 11dmlnletered for the btneftt
w
of tM tenant, and th• tenant'• claim 1uc11 monty llNlll be prior to that of •nll Cl'ldltot of the landlord, Including, b11t
not Umltad to,• truatee In l>Mllruptc,, even If such money le COftlll'llngltCI.
Js !ol Security Deposit continued
t (t) The pmpa.. of ltl• HCilr11y depo911 111111 be'
• (t) Tu nolmburs• lh• l1ndlonffor actual dan'lag•• l;lllllod 10 the pnimlua by Ille 16nanl whldl ••e<"d nom1111 w.ar and !Mr, ot whl~h
cannot ho wrroc:tad l>y painting and ....,. • ..., ci....1n11; •ndlor
• (1) To pay the lamllonl IQr •II renlal &Mmnga ~under the 19nlll •11-11~ ineludOig l•I• char1111 and rental dte tot
torminlltlo!I or ebMdonment Ofl!M f'en181 . - n t liy th• twnM~ UHi/or
pnim_,.
-.....bl•••"'°'"
53'"•-•-natl""'
• (2) To nilmburM tti• landlord for .,I ln......a In ninov11th1g - nrontln11 the PfWm!ln ceutedby lh• ~,..
t•l"hln«Uon of lhe nintal . , . _ . by the Im-, wll>dl purumnt 1a HU'• of tnla tltll, pl'Ovldiflg that
..tmbwrMment c:aueed by tennln•llOt'I pu .. u...t 1111 ff of lllla lltl• 11\lll not ncood 1 rnc>nlf1'• n1nt.
• by th• landlonl.
36 Io I Security Deposit continued
• (d) Whe•• ' tenant It rvqutnHI to pmy •fa& ta d•blnnlne tht ttnanf• credit worthlne1a, •ueh fff It an tppllRtlon r.e. A
lans1ol'd may C"*lil• •n appllcaUon fw, nat to ••c..d Ult onilllM of ellhar 10 perunt oft"' tMl'IUlly nint for tM nmbll
unit or $iO, to Clttlrmine a taunt'• cradlt worthlneH. 'l'lle landlonl llhllll, upon rec:elpt of 'll~ money Paid H an
t1ppllot1on fH, fvml•h • recalpt to the tenant for tn1 full amount paid by the btnant, encl •1111 malntlln fol'• period of 11t
ltHt 2 y. . ra, complat. racord• of 11ll 11Ppl>c1tlon r.H charged 1111d emounw roctlvld for each such fae, Whlll't tho
landlord unlawfully demand• mon tll.111'1 the aftoweble appllcatl11n fff, tft8 tenant eh•ll be antltled ta demagH tQ1,1•I to
double tha amount chatg41d H '" 1pplle«tlon '1111
31 i o I §§ 5514. Security deposit cont
, .e) If the landlonl II nd - - k> al or ""' portion vi l"4t HCUitty dep08lt. !ht ~ thall n1mlt tlM 11cUftly depOl!t wlttiln 20
daye Of Die 81tpiniti61'1 OI' lenninml;IQn of the nintal agrtlemenl.
• (I) Within 20 doors .rter the i.rmlnatlon or trplrall..n "'•riyl'1llrtll 1e1H111111t. the landbrd 911111 pn;>vlde th• l•nant with an l9m1Dd
ll•t of dalTlll!IH ID the pNmleaa and lhe MUn'tll•d ""'" qf repair for HCh and 91\an tondar ~yl!Mflt for the d1raninee between Ill•
11cur11Y d•llO•ll lllld euC!h coata"' n1p111 af d•ma~ to th• prwmleee. fallUN lb do 10 •h•ll ~onollMe en aclolowtedgmenl by the
tillldlord that no payntMt for d&...,.ga Is~. T•nant's a~ of a payment eubmhtod wtlf1 an h•mlzed Hat"' 11111W11gt1" sluill
1:Qn111tute agreamant on Ill• do~•• -cHled by th• l•ndiorll. unlo1111 the •nont, whtlln 10 d.ra on11e tenant'& rMolpt al 1""'1
tender vt paymen~ ob~ "' wrtUng *'""'amount wlthh,lld Dy tna landlord.
• I
38 ID I Security Deposit continued
• g) Penalties. --
• (1) Failure to remit the security deposit or the difference behwen the
security deposit and the amount set folth In the list of damages within 20
days from the expiration or termination of the rental agreement shall entitle
the tenant to double the amount wrongflJly withheld.
39 [g) §§ 5514. Security deposit cont.
2) Failure by a landlord to discloe• the locatlon of the security deposit account within 20 days of a
1
written ntqueat by a tenant or failure by the litncllord to deposit the security deposit in a federally-
Insured flnanelal Institution with an office that accepts deposits within the State, shall constitute
forfeiture of the security depOSit by the landlord to the tvnant. Fallu1'8 by the landlord to return the
full security deposit to the tvnant within 20 days from the effective date of forfeltul'8 shall entitle the
tenant to double the amount of the security deposit.
5
Page 162
40 [Q) Security Deposit continued
• hi All co1MM1lcllll0fte and l\Oll.:<i•, lnc;kidi!l'lll the l9lum of any -urlty ~pi:iall unClnlhlt eeell1)n, •h•I b• dlr.cttCI 10 llM ltndlotd .t
th •ddrHt - m i d In 1.118 1'6nlal 1111"'""""'11nd lo Ill• tenant et an .mtt..Q tpedMCI In llM 1<1<'1411agromnent0< 1111 IOIWll'dlng
addrwe, II provided hi writing by 1h• ttna.- 11 or !>f1ot to lho larmlnallon ot lb• tenlal •giM"""nl Fallu,. bl>' lht 11n11111oprovldo
auch 1dd,..1 &hal telltve the i.n~nl of lanCIOfd'e Nepon.. bRlfy tu give noUce her.in and lendlonl'• ll11blllty for doul>lt Illa amount
of Ill• Hcurtty depo&it as prov~ her.In, bU1 Ula landlord 1hidl contln11e lobe 11abl1to1.118b!ln11nlfor1111y unu11d portion tll the
Hcur1ty depoell; provld<!d, th-t Ill• wnantehall R'llkl I cliolm In wrl11ng 111 lhe landlonl wltllln 1 yHr from th• termination or
explr11Uon or the l'ilnt.l "'llro•m~mt.
41 l_g_j §§ 5514. Security deposit cont.
• {I} Pllt .S.,....itf, •
o (11At..,dlofdmey19qUlrta petdepollt. D.mag1 wltttnmllll unllCllUMdby an animal alloll ftl"ll lit d911u~l8dftolll Ille pal depo•lt,
Wharw lht p« d4po1lt la ln•untclent. tu ch d•""'ll'' may be deducted from lh a.curlty d""""'t, A p« dllll08ll 11 IUlljeet lo
su~Mr:tiont (bl, (1), (IJ, UJ) lllld (h) dtlllt 11111cilon.
• (a) No landlord may r.qlllre •pet def>O•H In inc. .1 of 1 monlh'• l'Bnl reg&tdlftaa of Iha dwlltlon ot 1111 rw11.. IOl'Blm8nt.
• (3)A llmlol'CI may tequlrean Mldl~I dopo1lUn1m • bll1111twlth e pot, but ohllll nvtmiul'11ny pet dtpoell fnnl't •ten~nt lf!h• P9I
11 •duly certified tr'ld tr.inod •uPPofl 1nlm1l lor 1 CllMbltd petSOn who Is lll rnldotnt of lht ntnlll unit.
• U) H the renbol agreomont 1C1 -clftM, a l.nd161'd may lro<:1"111.., lhe ,,.OJ.Ktty dtpotR comrnenautate wllh the rent, If !h• lnl:f't•I Of the
HCur'ity depooft will ·~ceod 10 pen:tnt or lhe monthly rent, p1y1n.nt r;if lh• lncrneed eecurlty depoalt ahall ... pnir11ttd over lhl term
Of the l'llrllll agrwemtnt, IMC'lll In ltle CM& OI WIOlllh.fO.monlh .. nan<:y, In which c;aoe payrMlll Of Iha lnGrnse •h~ll be prorllltd over
I pet'lod Of <4 month•,
42 f Ul §§ 5511. Rules and regulations; tenant obllgatlons
• t•I Th• imant -111 Mllltll In thl ,__with tti. r:onMnt Gt the ten.nt - • obey tll oiillgatlono or re•tr1ctl0rl8, Wllelher
denarnln..Wd bf 1tle l1ndDrd 11 ·n.1111," "l'ilgulallana,• "ni~ctlont" or olllMWlee, eonctrmlng tho bfnwm't we, Dee~ and
malntan""" of ltt• nint1I unit, 11ppurten1ncet lhiln1to.,d lh• pl9PlflY vf which thl rental ..nit I•• p...,lf;
• 111 Such ob!h•Uona and cu11tc1Jon1..,...... th• b•.ab, gf!!y. quit!. pr!WO.t!\!Oylllent ar nlfm, llflCl IQd Or!let Qf Ult t.nlnlm;
pfO!DDlt Iha prntrvall<MI of1M l111dk>!!I'! proptdY trom ibul'' end pro- lhe folr distribution pf Hl'Ylctl end raelllll•• en>•ldtd
for &)I t1nm1t QID•t•lb': 11\d
• (21 Suell obl(Olllone. lr'ld roalrl<:llons •ni bn>ulltit to 1111 -nlkln pf 1111lenanl11 tht fm<1 of the tenanr1 en by into Iha ._..,.nt w
•
OCA:Upy Illa rental llllft *""
131 Such 6bll(jlllllon1 and ni•lrfctlon1 a111 niaaonably rellt!!d lo lh• purpi:in fVf which iley are promulgated; •nd
• C41 liilucll obll1t11tlon• Arid nalrictlona apply to 111 mnanw 'If Vl9 prop•rtr In • llllr mann•r; 1111d
43 [_n [ §§ 5511. Rules and regulations; tenant obligations cont •.
• (I} Such ob4ivilllon1 anCI rMhlcttone ate ilulll<:lently asplld In ltlt pl'Cltl~ltlon, dlredl<>O'I "' llmitaflon af tho r..,.nl'• con'*<cl to ltlrly
lnfonn wnant of wh1l l4ln1nt mu11 or muet not doto camply; and
• (81 Such 6bll91tl6H or rt•Wfdtvn1, If not made knawn lblhe b!ll'llr'IUt th1 wmrmrncement of tAnancy, ere b~ht lotli• -nrion of
the t.mant - 11 uld oblfil«"- WOt1< a lllbetlntlal it1IKlllG11tions af tha i....1111rt11111nt they heva b..., conHnl.d ID 1., Wmlnll b~
t1nan1.
• (b) All lenanb 11nll Clth•r 1111- of thl prtml- Wltl\ lhil Ct>n-nt of \ltnant -'1111 eon duct lhemHlve& In ii nmn""r that d - not
.......,• ..,.,ably lrrtiorf•111 with lhl p""81ul "'IOYmtnl of the alher llMflW,
44 1o I Practice pointers
• 7. Condltkm otthe rental unit.
• A. Tenant complalnt1. All complaints must be In writing and must be deliv•red by one of ttie
re~gnlzed methods of delivery of notices. Key conslderatiomi aru do the complaints have to dO
with esHntlal services, conditions of the unit, or loss from fire or other loss. Thu following sections
sets fortti most of the landlord obligations concerning the condition of the property, Fanure to
comply with any of these can result In a complaint from tenant.
45 Iu I §§ 5305. Landlord obllgatlons relating to the rental unit
• t•I Th• 1Mdl9r'd •h•N, ot oft linw• during th. hln•na~:
• (1) OOMply wflh. •II Wlleolt ,....km, •t•
llf •nv or toa•I at.tut., CJOdlt, rwvur•lan or •nlllt•ncit tfttMina \h• nwknnanc•, 11onstn.1auon, uu or
"l'P"I'""~""' Ult J'ln1411unit1rtd 1114 lll'Ol*t1 of which it i• •port;
• (2) Pfo'v1d• 11 ,...,_,unit""'~ •h•tl nvi •ndanl'lr the Mimi,, wwnarw or urety or tn•t11nen1a erae~.,.,._.,.. t.r'ICI wtiim i• fitfswtlw pWrpoH forwhlah It
.. e11pn11I~ nnted:
• Cl, KMp fn 1 elun lftd Hnllllry Mlllillftle" ._p ~O'"MOn *'""of the ltvffdmg1, grvunds, r1allttlH and 1ppurt1Nne:. . lt\ereti& whli:f't •tt r'l'Mlinlldd by
thtr landlord;
• (4) MK1 d ,..,_In •nd 1rnng11n1nt• nea1Uaty to put '"d ll:Mp tM ~I ..m(1 IU'ld "1• •~•wrtlnanH• thmrwto fn a• ooad • aondHlon H they '#llN, or
G\llht b~ ~.w Dr mqmment tD ....,,. bun, at th• GOmrMneemMI DI IM t•M1t11:y; 111d
• ($) "'•lntlln 11i 11tetnc•I, p1.nn1o1.,. ond ait-1..11111.. •uppli.G bV- landlanl In ,.ac1 -riling anlor,
46 [QI §§ 5305. Landlord obllgatlons relating to the rental unit cont ..
• lb) II Ull rental aoreement IO 9P1Cltle&, the lar'ldlotd ah&ll!
(II Ptuvkl• Mid mtlnt.ln ~ ntCttptadH and canvenlrmcm for lh• nimov•I ,_ ,..hn, nol>bl•h •nd gMtN!ge •nd Mnlllll8 for
Ill• rrequ111l 1'6rll6Yal 1111 audl waata: and
• (ll Supply or ~·us• b btr ""!'Plied, wat.ar, hot wa..t, heal and eledriclly lo lhtr nrnbrl unit.
• tr;} n,. t.ndkJnS and lenant may "9,... by• -~· wt111r1Q, aapatel6 fr'Olll tne rilltal agre.......nt, that lh•tenant la ID pmfarm
.....,iflod rwpal"', malnlanam:a - · · .it.!iriltlona Ot r8tll0dlllitl(I, but Ollly If!
• (1) 111• pi1rtl1:~kr w1;1!1< ID ba pmfo......t by th• bonont I• fot Iha primary b<imalll of Ill• -1•1 urllt: Mid
0 (2) n,. -ri. I• nat naetrasary to bring a n<111Car'llplyh\9' 1'111\181 ...111nto campllll'lc» Wllh a buldlnQ Of hau.lng - · onllnance Of Ille
6
Page 163
~k•; and
47 1DI Landlord obligations
• (:S) Ad&qu•te con•lde,.tlon, •pmrt from •ny provt.lon ot tn• rtntal 1.gnK1111&nt, or a recluctton In th• r&nt le Hchanged fol'
th• lanent'11 pmml••· In no n•nt may the landlord t"'llt llny •Ol'Mm•nt undar thle aull4•etlol'I as ;ii condition to any
pmvtelon of rtntal ;iiglffm&nt&; •nd
• (4) Tht ~ent of tha part!" I• enteNd ll'lto In good faith •nd la not for the J)Ul'pOH of nadlng •n obflgMton Of th•
.. ndlonl.
• (d) Evldanc11 or cOll\Pll•ne• with th• appllcebla bulldlng 1u1d nouahig coda11 •haR be prim• faclt tVldtnc• that the
landlord hH complled with thl• chapter or wlCll 111ny other enapter of Part DI of thla tld•.
46 [g ] §§ 5308. Essential services; landlord obligationand tenant remedies
-'·Mat.
• {•I If 1116 landlonl •ubs1antlillly fillt• to provtlle llot w•r or •l<tctllclly ID • t•n•nt. or rana to n.nedy any ~o;indllk>n wnum
mat*'1ally depllvn a tenant II#• Hbwtantlal pan Of the llenflflt Of Iii• t.nanl'• IM!ll•ln In Ylolallon ot IM renlal -11141nl; or tn
vl<llatian af a pruvt1Jo;in vf thl1 COG•i or In ~lolaUan tJf an -•~•l>l<t hou.11111 c - and auch fan .... 1:ontinuu fw 4e ho;iuni ormore,
after Iha....,...,.fi•- th• landlo;inl aelu11 or written notice ot th• fallura, 1h• i.nanl may:
• {11 Upon wrttt.n l'IClll<:• of th• oonllnuatlon Of the problem ta Ille 14ondlonl, lmmedlllely ltmllnata Iha n11'QI agr.•m•nl; or
• C21 UPOn writtwi notice lo Ille landlm'd, knp tw..4hlnl$ l19r di..,, rwnt accruing during any P•r1od wt..n hot water, Ilea!, wet.or,
•t.~dly or eqlllvalant all1111ltuta houtlngl• ne>11uppllecl. The landlord may avoid lhis ll~ty l>y • "1ow1ng « lnlpOaalbllly of
!Mffcwmanc..
49 !ol Essential services
• (b) If the tenant h;iis given the notice required under subsection (a) CJf this section and remains in the
rental unit and the landlord still falls to provide water, hot water, heat and electricity to the rental
unit as specified In the applicable city or co1S1ty housing code In violation of the rental agreement,
the tenant may:
• (1) UPoft written notice to the landlord, lmm111dlately tennlnate Ifie n1ntal agnttlment; or
so l_gj §§ 5308. Essential services; landlord obligationand tenant remedes cont...
• 121 UPon notice IO Iha landlard, P""'""' ...,1valent IU-luta muelnQ Jot H '°"'II aa htNll. w-r, hol wal« Of •ltctl1Clty lo nol
euppllad. during which tlm. the nml ahell 1babll end l"6 lat1dlonf shall b9 liable for 1ny addlllollll eicpHM lncurrad by th• wn1nt. 1111
to 61'16 llalf tlf lhll anmunt of abot.d Nnl. '1'1118 addHklnll a:apan .. •holl nat be ~h-•bl1 IQ the landlofd If landlord la oble to •Mw
.,.oeelbillty tJf peffonnan~e; or
1 CSJ Upon Mittan ri~ lb Iha lllOdlanl, t.nllOI may Wlthllokl two4111rdll pat dl11111 nrnt ~1;rvlng dunng eny perk>d When hot water,
heat. water M equlv1lent sulatltuts hou.in11 I• nolaupplled.
• (cJ Rent 'WilllhOkllng daiJS nt:>t •i:t a 111 bar to 1111 eubaequent reccwmy tJf d&~1 by 1 tenllfll If tho• damage• ••~eod thoJ •mwnt
wtllllleld.
s1 [gj Rent withholding provisions
• (d) Wll&fll •Ian- R•• . . •do;in fqr •lllllmlrY potlHUloft, clalmlng th.it. ""111111 hu ~Hy Wlthheld Niii or dodur;t•dlllQflly
ftom rent undat' Ill,. aec:tlon llOd in. cCIUflto fll'ldS. Ille -ord thlll 116•nlhl-l11> ~ from Ille tenanl llitllM' po•. .olo;in qf !ti.
pr.,,..aae Mari 81'110unl uf mo;inoy _ . t todltl 1111C1Unt wnlllflfuly wlhheld C"d411Tltign") or, If 1111 court- di. tenarit a;1Jd In bad
r11111, Ill Al'l\ilUnt af 1NH19Y ~ual todoubi. IM ~t ~lywlih~"4d rdollbla ca.naoae;. In - evant the ~DYi'! llWmia
dama1fa& Of double d - lllnd c:ourt ;oeta exctudlng a-.i..,..• ._., th1n lh• court 1hall ln1111 1111 Otdet' raq111rin9 1udl darnlg11
Ot double .ta.,.._ !Cl IM pilld by Iha tenant to Ille latldlOrd within 10 d4l)ll fnlm Iha clllle of Ille courfi Judg""nt. If 1udl damag• are
1'1<11 fH!ld In ·~o;an:l!mc:• wlCh 1h1 oollfl'1 order, the jtldgnwint for <liumlllff Clf doubl• damagee, 161fatl1111' with ~ol.llt co;iew, •hall become
• judgm•nt fQf" tlM .nount wlthhekl, lfUI eumllW'y po11nMlon, wtf1outfurlh•r nouc:e to Ille lfll'lant,
52 fn·I §§ 5309. Fire and casualty damage; landlord obligation and tenant remedies
• (•)If the ront•I unh qr 1ny other property or &pp...16n1n(;e1 '""""'lllY to llM •nJoyrnenl the1'60f aro danwged Df deetroy9<1 l>V n .. .,,.
CHu•lly to an edant that anJaym9nl ~f lll9rental ul'ltl It •utns..,tlaffy hnpalnul, •nd oui;ll llr. qr other catualty l>GGura wlth<K£ !'lull
on Ille part of the tanant, ar a m1mb11Jof 1h1 tenlnl'• famlly, or enotlltf p6raon an hpramt111< wlth tile t1111nftCM*l!lnl, lhe illlnan1
m;i.y:
• (1J lmm1<11a111y quH the premlaeeand prorl'lp4ly ncr!lfy lfM IMcllunl. In w11ttng, af lh1 t111ant'1 el-n ID quit within 1 wHk liter
v1caung, HI Whlcll c..• Iha ,..nlal lill"'""'"" "hall twmln•I• ••or
th• dll• of'Yactllng. If Ill• tmnant f•ll•m na1lfy Ch• i.ndtord Of tlM
l•nanr1 •IKIJOtl IO qull. lh6 ttnonl ohail bl liable lot rant ~cNt111110 UN dllt or the landlord'• ac:tuol knawlodgt9 at Iha 11nanu
vacllllno Ille Ntltll ullll tit lrllpG*sbility af f\#ther ocevp-v1or
s3 IQ.1 Fire, water and other issues
• (21 If continued oecup.11ney It llWful, v•catt a"¥ put of the premlae• rendered unuaable by fl,. or en11alty, In whf(h
CM• the ternmt"• li•blllty for rent 11h•ll ba reduced In propoltlan to tlle dlmlnUUon or th• t.IJlt rontill nlua of the rvntal
un~ .
• (b) If the nrntal agTVament la terminated, the landlord •hall timely mum •ny Heurttv d1po11t, pet Otpotlt •nd p111-pmld
TVnt. aacept that to which the landlord la entllled ta retain pur111.1nt to lhi. C«!t. Aecou11t1ng tor tent In tilt n11ont of
tarmlnatlon or •pportlonmomt shall ba made ea of Iha ~of the fire or ellt\I~.
S4 IO I §§ 5307. Tenant's remedies relating to the nmtal unit; repair and deduction fTOm rent
• (e) If Ill• randlOt'd of a rental unit fella to f&palr, maltltaln flt keep In e aenltaty eondltlori tile leated ~mlaaa ot p6'font1 111 My tilhet
"""'ner rilqUirad by atatutt, ctld6 tit -1'111109, ot M tgtffd bl! In the a rental 8Qt't111'116111: Md, If a1'16t being notflild In wr1Ung by th.
191'1ont to do eo, tile landl6td!
• C11 Falls ID nomoidy audo foffLS'6 within ;JO dip fftll'fl lh6-.lpltlf-110tiea! ot
7
Page 164
• (~) Fall•wlnllf«I• r.uonable corredlvit l'llllMIUA'I wMff •pproprllltJ!, lncllldll'lg, but not Hmlted to, II•• allllllnlng of an ••tmill• 111 th•
p~•pedlv• ~~i. 111 lhe correcllol'I. wllllln 10 dirp fn>m the ,_i.,t ol 111• l\Cllet:
• Th•11 th• t1n1nt may lmm~•~y door h••• d,on• 111• nKMl91Y watc In a in"'-•lon•I m1111ner. Allltr the work I• d<;l11t, lhv te1111nt
m•y d•duet 1rom the Aini I reuonabll oum, not exc11dlng $200, or on6•1\1.- Qf 1 month'a r.nt. Whlchav.w i9 lo•, for th• ""pendltuA1e
by •Ubmltllll!I to th• .-!Ord caples of lhOff rvnfpta cov•rlng at leaal 1i.. sum daductecl.
55 [OJ Tenant Remedies
• bl In no event may a tanant repair or cau.. •nythlng ID be ntpalntd •t th• Mlndfonl'• expenae wttan ~ c:onll!tion
complalnltd ofw111 cauaed by Che want of duv carv by Iha t1mant, • M'IMbtr ofth11 tenant'• famlly oranllthtr p.,..on on
the prvmlm&a with the 111n...t'1 conHnL
• (cl A tenant who It otfttf'MH d9'1nqullllt In th• payment of r.nt may not take advam.ge of~ rtl'Mdln provided In thla
aacllon.
• (d) The titnant It llilblll for any dam•gll' to Ptl'llOnl or Pl'Ol*tr wharv auch damligt wu ~uHCI by th• tenant or by
11<>meone authorized by the wnant In making uld rapalna.
sG lg_j §5302 Tenant Remedy
• e) The tenant may not terminate the rental agreement for a condition caused by the
want of due care by the tenant, a member of tenant's famlly or any other person on
the premises with the tenant's consent. If a tenant terminates wrongfully, the tenant
shall remain obligated under the rental agreement
57 [l:j_J § 5505. Ten ...t's obligation relating todefective conditions
• (•I Any ~~ ~ondltf<H'I Of the pnimhiaa which come• to ttlt ..nant'11 attention, and wh~ ui. Mnalll h• rall80n to
belltvt 11 tn• duty Of the landlord or of anoth•r ttn.ant to rtpalr, 1hal be f'IPOrted In wlftln9 by tll4I tvnant to the 18ndlord
u anon H It practfcablO. The tenant ahal be '"POn•lblt ror any P•blllty or Injury ra•ultlno to tilt l1ndlord .,. a niault of
tilt wnant·a hHura to ti~ Nport •uch cona1aon.
• !bl A tenant on whom a compl1lnt In •]ectmtnt or lln adlon again•! th• pramlst1 II ..,..,.,d ah1U lnmedlat.aly nl)lltj Ult
landlord In wrttlng.
• C) Th• ptavlalc)n• of ttllt Hdlon ahall not apply whitl'll Ult ..n<nonl hH actual notice of the defeGtlve condition
58 fQl §5514...
• •) 1'M purpo.. Of lllt -•v MitMll •h•ll ba:
- C1) T& mm......t 1114 ll"41IOl'CI for li¢1ual d•llWGH aa""od to the praml•ff -y 1114 ltllllnl wftfoh o•caod na"""l waar and *Nr, or Wlllch cannol be
coma•d by p&lnUnt •nd ontlMI,-, cl•tninat 1n4lor
- (1) To pay tho lal\dklnl kit • • - I • ..,.._ duo undo<..., rant.I •er-nan!. lfti:l~dlilCI ltlw d.e<v.. llnd ,...,,., du•,.,.. ,,._,.w,. lt.....,..fion ~
.WndonrMnt ot HMI rwntll •grMmeftt Illy t.t Mft&f'jli ~l'Kllor
- (3) To ..lmbur.. Iha 111111110111ror111 l'IHOM~ffl*"fl*"- ln•urnd In '""""'Una 1na rtl'lnlk\O the p..mi ... OOUHd by"" P"IMIUl'l t•l'llllnaliOrl
af th• - I •l'"MtnOy the 1"'1ont•, ""lah lneludAa l•nnln•~ft Plll't~ lo~ 5314 al lhl1 lllla, p111vtdl119 tlull rtlMbu,..ommt 01uaod by
"'nnlnllilal> pUAUlnt lo i HU ef ~ 1'419 M.ol~ - e .... d, mon9\'I nnl.
sg iul For abandonment: §5507 ...
- - • (d) II doe tan~nl wronglllny quill tilt l"t!lrllalunll and u"'quly<Kally lndlCllM b)' wOrdti or de..i. Iii• '9n•nr1 Intention not lo rlioume
lenoncy, such ·~tkln bv me ten1nt •llatt entillelh• lendlonl ta PfO;Hcl • epec1n6CI elaawhero In "''- ch;ipter and Ille ta1111n1 "'•II bti
~able fl>f lht 1-• ot the followln9 lot auch •bandaomlnt;
• (1) Th• •nllr. r.nt-lllX'lllitNmalnderDflh• mrm and t1<P9nM1 for actual dam-• cous91lb~ 111' tenant (othitrthlrl nonnalwmr
and toarl which 819 lncurHd In prepll1"1) the rental unit 1011111w tenant: 6f
• (2J All renl l .CCIUed clllrll\g the peliod r t - b l y MCel81iJY 10 - 1 lh• pnnnlaet • « fllir 19Rlall plUI the dlforenca ~ 8'1i:h
l«lt rental ancl ttte nnt agr'6ed lo In Iha plior rontal aJllff!MRti plue tllpiMltt• lncurrod lD .....,,nt; npalr d•llllO• ~au•ed by lh• 111...n1
(Myond nonnal wear 1nd teafl plua 1 n1aonable commlaelon, II MCul'rlid by lh• landlord for Ille r4H'tlnUng Of thtt premlllw. In 1ny
•vent. the 11r1dorcl h1n •dirty to mH1111111 da!MgM
Go lrll § 5513. Landlord remedes relating to breach ofrules and covenants
• (•)If Ilia tlllnanl brea<:11in1ny Nie etcoven1nt wlllcfl I• matori• to the ...,,.. ~!l'nllllllt, the lllll<llotd alulll nalfy1htt taruilltl;I\' 1uch
broach In writing, "'1d -'11M .iiow •I IHll 1 deye aftet euth nolloe far ..-dy .,.. corncllon of thit btllllch. Thia HGtion sh•ll n<ll IPPIY
to IMt! payment of rent whl~'1 ho cov.recl undtr§ U02 of Ihle UUIJ.
• (1) Such nou.:11 shall sub.-.nll'llty IPtC:llv fl• rule dlglllly lll'lllChed and 111dvlse lh• t.n.,t lh.t, Hthe vtolaton cont- -
da", Ill• hmdlord may tennln•l• lh• renl.,agr- l l t &lld bring en actlo<1 fon111mmary po!IMMIOll. SUCh 11alice •h•l
ii le 111. .n ,,..,.....,t
to tNs sa:tlon, and N !ht ttn1nt oommlte a 1ub111111Ually alrl'lllar breach wlllilr1 1 pu, tht IMdlonl may Ill~ upon
•o 7
mta lhal
euch nottc• 1111 (ll'tluRd• i:ir Initiating en acdon for aumm•ry pQUeWlllon.
61 fOl
• The ltsl.l4!1nc:e of a notice .,ursuant to this section don not Ht.ahllsh that the lnlthll bre<1c:h of the
rental agreement actually occurred for puiposes of this section.
• (2) If U-. wnant'g breach can be remedied by the landlord, as by cleaning, repairing, replacing a
damaged item or the like, the landlord may so remedy ttte tananl's breach and bill tile ~oant for the
actual and reasonabl11 cD11t& of such remedy. Such bllllng shall be due and payable as additional
rent, Immediately 1.1pon receipt.
&2 Jo ! § 5513. Landlord remedies relating to breach of rules and covenants cont...
8
Page 165
• l:J) ir Cl'I• t•m1nt'• bnt11ch of a rule or QOYtn•nt ar•o conatltute• • nwt11r1a1 b,.aeh Of an obllgatlon Imposed upon ttnantt
l>Y • munl"Plll' county or •Ute code, orc11111nc• ot at.lute, the landlord m•y t•rmlmda th• rental agreement fnel bl'lng an
fctlon f()f' summary poHeHlon.
• (bl Whan a bra•ch by I ttnant cauHt or thra.lten• to c•llH lrrtpatabla hann to any pe,.on or ptoparty, ortha tenant la
convlctad of a cla" A, ml1111m. .nor or felony duitng tht ttrm Of tht tan11ncy which cau•td or tlll'Httl19d to cause
lmipanibl.t h•nn to any 1*'900 or property, tht l•ndlorcl may, without notice, remedy "" lll'HCh and bnl the tenant••
provldtd In sub:liactlon (a) of tflla aeQtlon; lmmtdlal81y tarmlnaiB Iha ftlRWI '9rHmant upon notice to the tenant •nel
lbl'lrlll an action for aumm.,y po11tulor1; or do both.
63 igj PLEASE NOTE ..•.
t THIS 1$ AN EXCEPTION.ALLY IMPORTANT PAAT OF THE CODE, THIS IS THE ONL.Y SECTION WHERE YOU 00 NOT
NEED TO GIVE THE TENANT At4 OPPORTUNITY TO CURE.
• THERE DOES NOT NSED TO BE AN ARREST (Al.THOUGH THAT WIL.L. ALWA VS HEl.P) YOV SIMPL.Y HAVE TO PROVE
THE CONDUCT Oft FAIL.URE TO ACT CAUSED OR THEA.~NED TO CAUSE THI! HAl'CM.
• REMEMBER TO LOOK FOR O'niEI\ CODE VIOLATIONS LIKE MOUSING CODE&, OR L.OCAL ORDINANCES.
64 l_g I YOUR CHOICES:
• C) Upon notice to tenant, the landlord may bring an action or proceeding for waste or
for breach of contract tor damagvs suffered by the tenant's willful or negligent failure
to comply with tenant's responsl blllties under the preceding section. The Ian dlord
may request a forthwith summons.
651I5] 9. Terminating a RentalAgreement GENERAL RULES AND EXCEPTIONS
• Ti:i twmlnatie a .,.nbll agrHmant wrlttan notice If rtqUINd by both par!IH. If the l•ndlord lllt*nd• to nat ranaw or
tiermlMte It the Hplration than the l•ndlord must gl'll* the tenant writtan notice, 10 day• h'l lldvanca of the expll'Mli:in of
Ula yulty contract. If the l'ltnral •grttrnent r. monthly, than tha landlord mutt gin the tan•nt 60 d•y• notlee In wntlng,
and that notice •tll'UI to run on th• fll'lt day af the fullowtng mont.,,
• If lhe ll!nant lnt.nels to termlnllbl, tha aame g•nt111I rui. applltt. Tha tenant muat give tllt '-ndlol'd SO dilya written
ncitl~e. A tenant may alao give the landlord a ttrmln•tlon nOtlc• at laaat "& day• prior to tl'I• elttetlva data on a renewal
Wlll'I modtncaU<>n•.
66 IDI CHANGES TO CODE SINCE OUR LAST SEMINARlllllll
• There have been significant changes to the section which allows a tenant to
terminate w!th 30 days notice.
61 ID I § 5314. Tenant's right to early termination
.. • "' ElllGlpt H It oui.rwilla provided In thl• P•rt. WMMVtl' tltllar party tn • l'llllWI e91"m.nt 1t9111fully &lacta to tannlnete,
th• dutiM of aach party under tht rtfttal agraamant ahall caaaa and aH PJrtlH •hall thanlupon dlacllarge •nll rttnalnlrlCJ
oblltaUon• H aoon H Is praotkalllt.
• (bl Upon :ID ctara'Mittan notice, which 304'y Ptl10d •haH b•gln on tha 1atday of the month followlng th• day of ac:tuat
noti<:•, tha C.n11ncr may ba htnnlnated:
- 11 I By th• lenalll, "Wtl"1fter" c:hanga lo locaUon oftha la...mt's amplvyRMnt with the tenant'& P"**""I ompbyvr r.qulr.1 a
alwlnge in the locatlari <>f !IN t4mant'a ruldtMt in t&Gn• of 30 mllu;
68 fg] EARLV TENANT TERMINATION
- (2) By the tenant, whenever the HrlOUI Illness of the tenant or the death or serious illneSlll of a
m•mber afthe tenanrs Immediate family, residing thti!rein, requires a ehange In the location of
the tenanra rvaldence on a permanent basis:
- (3) By the tenant, when thtl tenant Is ~ee•pted for admission to a unlor citizens' housing facility,
Including subsidized public or private housing, or a group or coope...tlve IMng faclllty or
11ttirt1ment home;
69 IQ) § 5314, Tenant's right to early termination cont ..
- 141 8y the t•nanl. W111n the tenant le 1c:c4'118d fOr adml.slan int.> • ..n1al unit .ub11dlz9d by a govemmen111 entity DI' by"' priwl•
MRl>f'Ont COIJIOr•llon, lncludlnG 11ul!eldlncl private 0r public hou•lng;
- 1$) Qy Ill• tenant Wl'lo, 111« Ille •~•cutlon of aui:h rent.I •gnntmmnt, •nhlrs "1<11 mlll1411'Y IHWVIC41 of 11'1• Unil&d Stale& on •ell..
duty;
- llllu tt!l,\nt who 111111 vlgt!m ot dDml•Ua abytt. MIWll Oft!ftttL l!!lld!!o. ou Ion l!!t who by ob!aln•d or h anklnq !JUI(
1rom domt•tk; vtot1nc1 or ll>MH nom '"Y cwr:t Otllr.t aotncv. tit dttMMf.IG violence praa~m or Hryk:tt DC
• fr! By the aurvMng •JIOllM or penillllll NpNtenlttl'H Of the HI.lie Of Iha ltinilln~ upon the .i.o.lb d the t-nt
10 !QI More on Early Terminations
• Paragraph (&) Is the paragraph that wlll be new to many of you. This section was
9
Page 166
changed and now allows a new category of individuals to terminate their rental
agreement early.
•To understand this Hction you must understand that definitions that govern this
section. They not only denne the words they al•o Impose duties upon parties by the
language used.
71 IP I § 5141. Definitions
• '1110 fallowing wotdli, i..m& •nd phn•H•, 'When uallll In 11\1• Part, 1h.otl ....,, lhtm.. nlnga UCl'INd to Uti11'n In It.I• •<Ktlon, •~~1111
~"' 1119 contaltl c!Mrfy lndk•C.• • cmr.,...,1 meaning! ....
• (B) ·~c ebuoe" llhall ~n •nY aet ar llYHl aplnilt • vidm Df dQmQlk ll>uH or v101enco t11at ellhor "°"d'"''' • crltM under
Dal1watt law or eny •ct or th,.,,
~•I '10fl.UlutM tlomelltlc vlolMH:• or da,...IJll~ lbuH u d1nnea 111yw11e.-. In 11• Dalowtr<1 Clldt.
Pomt•llG O!!MtO Ul'I i.. vertnod by an oftld1t documtOI· tllfb H •court order. or by 111H1blt Jh!IJI pW r>tof-lo111l. lnch1slnq 1
law tntorumtntamllty or cffht•• 1 domn!lc y!o1tnc1 or dp!lltt!le lbul6 aorrlc• pryvtdw ar h11!th CAflt jl!O\'ld&r. 11 le Iha '*"'-!lie
vloltnet or ob1411 Y'qilm'• r11•p>nolblJ!!y to l!!!?yldt !ht 11U1b!a U•lt'!!6'11 ftOm the ....t.blt !bin! party,
n l.g J How it is defined
• (26) The termg "gexual offens11s" and "sblklng" ghall here have the same me;tnlngs as in Title 11.
StlU!al offenses and sbllklng can bt yerlfled by an official docum.ent. wch as a court order. or by a
reliable third partv profeislonal. Including a law enrorcompnt aaency or officer. a sexual auault
sen1lce proylder. Of health ca.re provider. It It th& sexual assault or sfalklng vtctlm's resoonslbilil)' to
provide the reliable statement from the reHabl11 third o.arty.
73 fEi] Protection for domestic abuse
• We just discussed •cc eptable reasons for early tennination, now we will discuss a
setlet of new rights created by the code.
•New affirmative rights for certain tenants.
• The ne>tt section oft he code creates new right for tenants that will prevent you as a
landlord from taking certain actions.
• You must be aware of the limitations or you could tisk significant penalties.
741 U I § 5318. Protection for victims of domestic abute, sexual offenHs and/or stalking
• (al A 11ncllord ~ not pu.. ue any •ctlon for 1ummaty poaHHlon, d11111and 1ny lncru .. In rant, dacreaH •ny Htvlcn,
or atharwl1& cauee any 11tn1nt lo quit a rental unit where Hid ttnant It a victim of domalltlc ab••· H~ual vffilnHa, or
stalking, and wher. uto ttn1nt hal obtained or hae aought ntlttance ror domNtic al>uae, •e•u•• ott.n1H, ot stalking
fl-om •ny court. potlc., medical emergency, do""91k: vlolenco, DI' Hxual offllnue pt0gram OI' eorvtca.
• (bl If Ult "911.int prova1 that the landlald lnttltuttd any Of the action• prohibited by 1ub1.ctlon (•) ofthl• aectlan, above,
within 90 dayt1 of any Incident In which tM t.nant wu • victim of domelde lbUH, eoxual olfa1141" incl/or 1talklng, It
a hall be a rebut t.b.. prt•umptlon that aald action Is In violation OI' tubteellon (•)of thla •~on, lllOft,
• fe) A landlord mey rebut the p""umptlon that Iha prohibited action It In Ylotatlon Of aub11actlon (a) of thlt H~on,
above, If:
- (1) The !f.lldlorCI It tHkll'J9 to rvcover po11•. .tlon of tM ,..llbl unit on th• t>ni. of •n •PPJOP!iate notice to tennlnate
~II wn lllv-.i to th9 tenant prior to the lneldtnt of domHtlc abuea, aexu.I off•na••, or ttillklng;
~ (2) The lmdlord tHkl In 9ood fillth to 1"Bcov11r "'"'"'Ion of tll• rtntal unit for lmmedlM9 UH H th• 1at1dlOnl'11 own
rHldene11:
- (3) The landlord seek& in good faith to recover po88ession of the rental unit for the
purpose of substantially eltering, remodeling or demolishing the premises;
- (4) The landlord seeks in good faith to recover possession of ttu,, rental unit for the
purpose of immediately terminating, for at least 6 months, use of the premises as a
rental unit;
§ 6316. Protection for victims of domestic abuse, Hxual offenses and/or stalking cont.
• (S) 'I'll• ._ll>nl he• In gDCld felt!! contracted llC> Ml Ille preperty and Ille contrutet Nie cont.iM a reptMentlllon f~ thil
pun:huor connrmtng hla or h., lnlent to UH Ul• prcperty In con111ttncy with paragraplle (!t.13) ar (4) 6f lhlil 1ub1acllon;
_ fB) Th6 landl6td 111a IMM:cima llabl• ,.,, a eubeunu11111cruH In property taxaa or a 1ut1alailflal 111ctaH• ~ other rl\lllnt6nmneo er
"P91'atlng cciate. 1nd auell !ISllllly DCCUrred not I•• 111111 4 momrie prior to Ille denllnd for Ille Inc re- Ill rent. and Iha In-•
M taltt dOH Ml. tlll(Cllld Ille pnM'Ma poltlOI\ Of lhe Mt inereUl In M•I CM' COii:
_ (7) 'Tl\I ._,d!Ol'd hH completed a aublllittlill ~apllal lmptciritlleitt Of Illa renlal unH or Iha pr0porty llf which ii I• • p•rt, nat "'••
10
Page 167
th•n •month a prior lo Ille dl!lm.,d J;ir lnc .. ned Nnl, •nd •Uch lnl:nlll•• In ..nt doH nol excead Illa 11111101,1m which 11111y be
d•med for r•dal'lll lncame Im< pyrpo1.s .,. a atralght~lno doptKtallon Qf lh• Improvement, pro.ralDd •mi;in11 lll1 rvntal unite
benefttled by Ille lmptovi!lm"'1t;
78 [Ei I New limitations on tenant relations
- (BJ Tllo landlord """ •1tllbU1h, by compeMlll evldt!in~, th11t th1 Nnt now d111111ndecl af Illa tanant ..,., not 111~ lhe rent
cnerged othe1lltnant•af1lmll•r rental unlk In Iha Hr'n• oompl.,;;
- (II The landlord o;an •1lllllU1n, DY competent evld11n~•. thmt th• dQm..tlc abuae, eeaual ••..,ult •ndlor 1i.lklng conelltulbe a
vlabla and substmntlal 11.ii of .enoue pnyalcilll Injury ID• tmrwnl who currently realdae in anathar unit ot the ..me multl-vnll
bUlldlng H Iha dDmll""k; vlol9nC9, MJlUal IBHUll 01 etalking vlc\lm: or
- (10J Th• l•ndlord, llfter IMlng ,,1van nollca of lhtl .....,n\'1 vlcdmtzallon perf 6141(1J 01(28) of tlil• 1tt11, d11conllnuea thoal!I
action• prohlbli.;l by 11iba1d1on (eJ of thla aactlon, •bav1.
79 J LJ I Your strongest defense
•(d) A tenant who is otherwise delinquent in the payment of
rent may not take advantage of the protection provided in
this section.
so IPI Trouble areas
I want to shift to specific areas of concern and then answer some more questions from the
audience.
There are two specific areas I want to address:
Your form SO's and Court of Common Pleas appeals.
!
s1 DJ Recent updates you should be aware of BEFORE you go to Court
s2 lc:Jl Court of Common Pleas Appeals
• Du& lo ~ sl!ll'ies Of ,.i::4111t decisions In tile Court or Common Pi4;1$, you mU31 be carerul Whal you ask fer wh1;111 you 8PP8EI" for 111al.
11
Page 168
This certificate certifies that
Roy Sudler. Jr.
has participated in The Tenant Landlord Code Review on July 24, 2012
at PolyTech Adult Education Center in Woodside, DE
with instructor Michael Morton, P.A.
~
I Training sponsored by DE NAHRO
Pam Ferguson, DE NAHRO President
Page 169
r•
In House Ministrf
., t t For Jesus Christ
No Limils. No Boundaries, Nothing But Increase
~ORDER OF SERVICE
~~= =.!ci w~ij;:::::::J~:=· ..t
Sund•y Evening Dellveranoe .....8:00PM
Th.,,., - Nigh~ Sludy..• . 7:30PM
Frldey Joy Nigh! ,. . ..... 7:00PM
Focn:ter & P...,, E.... OSCAt TucMr ~Dr. Bonnie 11ig1111Mo
&Pl'~l•TtwuTtdlet -~,._.-
302-430-3300
'j
.. •
Page 184
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on June 27, 2017 at 6:00 p.m., with Council President
Slavin presiding. Members of Council present were Mr. Anderson (arrived at 6:07 p.m.), Mr. Sudler,
Mr. Neil, Mr. Lewis, Mr. Cole, Mr. Polce (departed at 6:42 p.m. and returned at 6:44 p.m.), Mr. Hare, and
Mr. Lindell. Mayor Christiansen was also present (arrived at 6:11 p.m., departed at 6:47 p.m. and returned
at 6:50 p.m.). Civilian members present for their Committee meetings were Mr. Garfinkel and
Mr. Shelton (Safety Advisory and Transportation), and Mr. Shevock and Dr. Stewart (Legislative,
Finance, and Administration).
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Lewis presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Sudler moved for approval of the agenda, seconded by Mr. Neil and unanimously carried.
Alternative to Speed Bumps - Ann Avenue (Sudler)
Mr. Sudler advised that he had received correspondence from and spoken with
Mr. Francis Bethel regarding a possible speed reduction method for Ann Avenue.
Mr. Francis Bethel, 207 Ann Avenue, advised that he had lived in northwest Dover Heights all his
life, having bought a home in 1990 down the street from where he grew up. He noted that people
are in more of a hurry than they were in the 1960s and 1970s and cars speed through the area.
Mr. Bethel informed members that there were many children in the area, and he expressed concern
that a child would get hit by a car. He stated that he knew that there were issues regarding speed
bumps due to ambulances that may come through. Mr. Bethel asked if a radar sign like the signs that
are on State Street could be placed on Ann Avenue to show people that they are speeding.
Mr. Lewis noted that he had previously explained to Mr. Bethel that speed bumps are not allowed
in the City of Dover because they slow down emergency vehicles and apparatus. Responding,
Mr. Bethel stated that he understood that speed bumps were not allowed and asked if there were
other alternatives.
Mr. Sudler asked if Mr. Bethel, as a constituent of the Fourth District, had any other speed concerns
that were causing him alarm. Mr. Bethel indicated that he had a traffic issue that would be better
served when addressing transportation matters. Mr. Sudler noted that he had received some concerns
regarding ATVs, four-wheelers, and off road vehicles and asked Mr. Bethel if he had heard any of
these vehicles. In response. Mr. Bethel advised that he had heard motorbikes late at night before,
which were annoying.
Mr. Neil stated that the radar signs that Mr. Bethel had referred to had been funded by State senators
and representatives, and it was unknown if funding would be available after the State budget is
finalized. He expressed his belief that a study would have to be done to find out what the conditions
Page 185
COUNCIL COMMITTEE OF THE WHOLE MEETING OF JUNE 27, 2017 PAGE 2
are, as had been done with other communities and streets, such as North State Street and
Independence Boulevard. Mr. Neil noted that there are other traffic calming measures.
Police Chief Marvin Mailey stated that he was very familiar with the situation on Ann Avenue,
having been a police officer in the City for several years. He noted that he was aware that speed
bumps could not be used but suggested that a traffic enforcement sign would be ideal for the
situation. Chief Mailey explained that this sign would flash, make people aware of their speed, and
provide awareness to those outside or traveling along that same road that the person is speeding,
which would apply peer pressure. In addition, he stated that a marked police car could be placed in
the area for traffic enforcement, and enforcement action could be taken via a traffic ticket if speeding
is observed. Chief Mailey stated that this approach would be a deterrent; however, it usually only
works when an officer is in the area. He noted that the Police Department’s focus in the last several
months had been on reducing violent crime, which was taking officers elsewhere in the City.
Chief Mailey stated that the Department receives speeding complaints from people throughout the
City, noting that Mr. Hare had raised concern regarding a similar speeding situation on Wyoming
Avenue.
Chief Mailey offered to bring Ann Avenue to the attention of the Special Enforcement Unit to make
it part of their rotation for traffic enforcement. He indicated that this would be the easiest solution
for the problem, noting that he did not think that other methods were feasible for the City.
Chief Mailey stated that another method he was aware of was the use of traffic humps, which are
similar to traffic bumps but elongated so that the increase in the height of the roadway is not sudden,
so vehicles do not bottom out. He advised that there could also be raised crosswalks at the end of
the streets and wherever crosswalks are designated; however, he was not sure that this would fit
within the City’s of Dover's economic plan, and he had no knowledge of and could not speak to the
engineering. Chief Mailey noted that traffic circles also slow traffic down; however, Ann Avenue
was not large enough to accommodate a traffic circle. He informed members that some major cities
use chicanes, which force cars to slow down to steer right or left through erected safety poles in a
road, similar to slalom skiing, but was unsure if this would work within the City of Dover. He stated
that, from a cost aspect, the best solution to the problem would be traffic enforcement and, after that,
traffic signs.
In response to Mr. Sudler, Chief Mailey clarified that chicanes involve several poles in the road that
guide vehicles along, similar to a Division of Motor Vehicles (DMV) driving course, noting that they
are sometimes used at approaches to large government buildings or events where traffic is forced to
change directions. He stated that chicanes slow cars down; however, he expressed his opinion that
a larger roadway than Ann Avenue provides would be needed for installation, noting that he is not
an engineer.
Mr. Sudler asked, in Chief Mailey’s professional opinion and experience, which of Chief Mailey’s
four (4) recommendations he thought would be the most desirable. Responding, Chief Mailey stated
his belief that traffic enforcement was the way to go. He advised that the Police Department already
has officers working who could not be in the area constantly but could be a presence and deterrent.
Chief Mailey noted that traffic tickets usually translate to people talking, and when they know the
police are in the neighborhood, they slow down. He indicated that traffic enforcement would be a
quick but temporary fix, noting that as soon as another complaint is received from elsewhere in the
Page 186
COUNCIL COMMITTEE OF THE WHOLE MEETING OF JUNE 27, 2017 PAGE 3
City, officers have to move to accommodate that need. Chief Mailey stated that a radar traffic
enforcement sign would be a more permanent solution.
Mr. Slavin stated that, in dealing with this issue a couple of times over the past few years, his
approach was to physically fix areas with traffic calming devices to slow speeds. He noted that
members had not explored the idea of restricting traffic financially by making it more expensive for
people to speed in certain areas. Mr. Slavin advised that he had talked about this briefly with former
Police Chief Paul Bernat, who thought it might be possible to look at the City’s ordinances, develop
an overlay in special enforcement zones, and install appropriate signage. Mr. Slavin suggested that
it could be indicated that there would be an additional fine for speeding in areas such as
Independence Boulevard, North State Street, or Ann Avenue. He explained that speeders would
receive a ticket per the State Code and an additional fine.
Responding to Chief Mailey, Mr. Slavin stated that the additional fine would be for the City rather
than the State. Mr. Slavin stated that he would review his notes; however, he recalled that an avenue
had been looked at for getting this done. Mr. Slavin expressed his belief that if people feel a
financial impact, they will remember a particular area where they do not want to get caught again.
For example, he noted that he had received a $75 ticket going through a red light at Route 13 and
Loockerman Street and is not going to let that happen again. Chief Mailey stated that he agreed with
the concept Mr. Slavin proposed; however, he advised that this change would have to be handled at
the State level and had not been approved by the legislature. Mr. Slavin stated that he would ask
legal counsel, stating his belief that the City could make a special enforcement zone.
Chief Mailey stated his concern that issuing both a State ticket and a City ticket would be double
jeopardy for one (1) violation; however, he would defer to the City Solicitor. He stated that the
Police Department would be willing to issue such tickets if this could be done within the confines
of the law. Chief Mailey advised members that Maryland uses electronic speed signs, and tickets
are mailed. He noted that he thought this would also be a useful deterrent.
Mr. Neil noted that the public serves as reporters and informs Council what is happening, and he
expressed his hope that Mr. Bethel would return and advise members whether any measures used
are working. He also asked Mr. Bethel to get the word out regarding any measures, but not to be one
(1) of those who receives a ticket as a result. Chief Mailey noted that it often happens that the
reporting parties are among the first to get tickets when officers are placed in a neighborhood.
Responding to Mr. Lewis, Chief Mailey advised that he could explore the possibility of extra funding
or grants through the Office of Highway Safety. He stated that he had sent an email regarding
funding to Mr. Larry Windley, Senior Director for Projects and Economic Development,
Senator Tom Carper’s Office, earlier in the day, and would contact Mr. Windley to see what could
be done and report back.
Mr. Anderson agreed with Chief Mailey that signs and enforcement should be tried first but noted
that there may be a need to consider other speed calming measures. Responding to Mr. Anderson,
Chief Mailey advised that there were currently no speed humps in the City. Mr. Anderson indicated
his understanding that speed humps would qualify under the City’s code because they would not be
so much of a problem. Chief Mailey indicated that he thought speed humps would qualify, but he
Page 187
COUNCIL COMMITTEE OF THE WHOLE MEETING OF JUNE 27, 2017 PAGE 4
would have to check the Code. He noted that speed humps were quickly replacing speed bumps
because, even when hit at a high speed, they do not cause any damage to vehicles. In addition,
Chief Mailey explained that the City’s police officers know where the traffic hazards are around the
City and when officers need to slow down. He noted that he could not speak for the ambulance
company because he does not supervise them.
Mayor Christiansen stated that he thought it possible to remedy the situation on Ann Avenue by
installing strict enforcement signs. He noted that signs could be installed in other areas of the City
as well to give warning that speeding will be strictly enforced and, if this did not work, another
measure could be taken. Mayor Christiansen stated that he agreed with Mr. Neil, explaining that
often when these concerns are raised at homeowners’ association meetings and police officers are
sent to an area, it is the people within the neighborhood who receive tickets. Mayor Christiansen
advised that he had visited Ann Avenue found it to be like a race track, similar to other streets in the
City lately. He noted that there were a lot of children and senior citizens in the area and he thought
that, with strict enforcement and warnings from neighbors who received tickets, everyone will slow
down.
Chief Mailey noted that a message could be placed on the Department’s Facebook page and Twitter
feed to let people know there would be intense enforcement in these areas, which may act as a
deterrent.
In response to Mr. Shelton, Mr. Bethel stated that he had observed that those speeding throughout
his neighborhood were mostly outsiders rather than his neighbors. Mr. Shelton noted that the Mayor
had commented that neighbors’ speeding may be deterred when they find out about enforcement
there; however, Mr. Slavin indicated that this may not be the same for people outside the
neighborhood.
Mr. Timothy Sybils, Milford/ Harrington, Delaware, stated that he went to Milford High School and
was kicked out of high school during the first semester of his senior year and went into the military,
noting that a high school diploma was not required to go into the military at that time. He indicated
that he was in the United States Army Reserves. Mr. Sybils advised that there were identity thieves.
Mr. Lewis explained that the agenda item being discussed was speeding on Ann Avenue and asked
if Mr. Sybils had any comments regarding this item. Responding, Mr. Sybils advised that his
concern was not related to speeding on Ann Avenue.
Mr. Sudler moved to recommend implementing and installing a traffic enforcement sign on
Ann Avenue, as suggested by Police Chief Marvin Mailey, seconded by Mr. Neil.
Mr. Anderson moved to amend the motion to add the strictly enforced signs that the Mayor
suggested because, by State law, they allow the City to enforce strictly if it so chooses, seconded by
Mr. Sudler.
Mayor Christiansen asked to add an understanding that a traffic study would be done of Walker Road
and Ann Avenue. He noted that a lot of people coming from Edgewell/Energizer cut through the
area, and people coming out of the shopping center come down Ann Avenue to make a quick exit
onto Walker Road. Mayor Christiansen suggested obtaining a traffic study and a counter that would
Page 188
COUNCIL COMMITTEE OF THE WHOLE MEETING OF JUNE 27, 2017 PAGE 5
indicate the date and time when people are cutting through Ann Avenue. He noted that he had
observed a number of cars from Maryland using Ann Avenue.
Mr. Neil moved to amend the motion to add a traffic study.
At the suggestion of Mr. Slavin, all motions on the floor were withdrawn so that one (1)
comprehensive motion could be made.
Mr. Sudler moved to recommend: a) installing a traffic enforcement sign on Ann Avenue;
b) installing strictly enforced speed limit signs on Ann Avenue; and c) performing a traffic study on
Walker Road and Ann Avenue indicating the timing of the lights and the count, date, and time of
traffic flow. The motion was seconded by Mr. Neil.
Mr. Polce questioned who would fund the sign and signage, whether this would come from the
discretionary funds of the Council member who made the motion, and the general cost of the signs
to be put up. Responding, Mr. Slavin stated that the City usually asks the legislative delegation if
they will allocate funding for speed detection signs from their Community Transportation Funds
(CTF), and they had been very good about doing that. He noted that the City used to have a couple
of speed detection devices at the ready for installation and asked if the City currently had any.
Responding, Mrs. Donna Mitchell, Acting City Manager, stated her understanding that the City had
one (1) device; and it had been requested to be placed on Crawford Avenue earlier in the day for a
study. She stated that she was unsure if the City had more than one (1) device, and she would have
to check to see what could be done, noting that the legislators could be asked for another sign.
Mr. Slavin advised that he thought the City could obtain a device either way.
At the request of Mr. Lewis, Mrs. Traci McDowell, City Clerk restated the motion.
The motion to recommend: a) installing a traffic enforcement sign on Ann Avenue;
b) installing strictly enforced speed limit signs on Ann Avenue; and c) performing a traffic
study on Walker Road and Ann Avenue indicating the timing of the lights and the count, date,
and time of traffic flow was unanimously carried.
Noise Complaints - Mufflers and Car Radios (Lewis and Garfinkel)
Mr. Garfinkel informed members that noise in Dover from loud mufflers was becoming almost an
epidemic and noted that an individual had discussed this issue during the Open Forum segment of
the Regular Council Meeting of June 12, 2017. He advised that in west Dover, where many collector
roads run into each other, noises such as big booms from motorcycles are heard all day and night.
Mr. Garfinkel indicated that this was causing deterioration in the quality of life of the people of
Dover and was a crime of disrespect. He stated that people buy homes, pay taxes, and keep
properties up and should not be subject to booms from cars and trucks. Mr. Garfinkel indicated that
the noise is getting worse, can be heard at the Wawa at Kenton Road and Forrest Avenue all day and
all night long, and is unbearable. He expressed the need to address this, noting that this can be called
a nuisance crime, is known as a broken window crime, and is a breeder crime. Mr. Garfinkel
indicated that if people are allowed to get away with this, they will think they can get away with
something else later and stated the need to pay attention to breeder and nuisance crimes.
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Police Chief Marvin Mailey stated that he had spoken to Mr. Garfinkel about this issue previously
and that the loud noise in Dover that comes from tailpipes is a constant complaint from residents,
homeowners’ associations, and others. He explained that, at that time, he had looked into
Section 42-2 - Noise, (b) - Prohibited Acts, (7) - Exhausts of the Dover Code, which prohibits acts
including “The discharge into the open air of the exhaust of any steam engine, stationary internal
combustion engine, motor boat, or motor vehicle, except through a muffler or other device which
will effectively prevent loud or explosive noises therefrom.” Chief Mailey explained that this is an
affirmative defense; therefore, if the noise is coming through a muffler, then an officer cannot take
action. He advised that he had gone to the Department of Motor Vehicles (DMV), explained the
problem to the supervisor of the inspection lanes, and asked what the process is for a vehicle
inspection and what they look for. Chief Mailey advised this gentleman that he wanted to know
what could be done about the complaints being received regarding the noise issue with mufflers in
the City. He stated that he was advised that the DMV had not touched mufflers in seven (7) years
because people were coming in with $2,000 - $3,000 muffler systems that were failing inspections,
and they complained to personnel at the DMV. Chief Mailey stated that this individual stated that
shortly after these complaints were received, the DMV stopped inspecting for noise issues, and he
questioned how the Dover Police Department could write people up for this because the DMV was
no longer testing.
Chief Mailey stated that the City does not have an ordinance that backs officers up on violations
related to mufflers, and the State of Delaware has nothing on the books, other than the statement
indicating “Muffler cutouts prohibited” in Title 21. He noted that muffler cutouts circumvent the
muffler, explaining that they make it appear that there is a muffler on the car but have a hole
designed to bypass the muffler system. Chief Mailey explained that these cutouts are typically seen
in expensive sports cars or muscle cars driven by people who want their car to be louder. He stated
that the Police Department could not do much without having verbiage written into the Code, noting
that the City of Newark had advised them that they have the same problem and do not enforce this
issue, after having used a decibel meter that was not successful for them. Chief Mailey indicated that
Milford has something on their books pertaining to loud noises and vehicles; however, he had not
spoken to Police Chief Kenneth Brown to see whether and how it was being enforced. He stated
that, without teeth in the ordinance, the Police Department cannot do anything. Chief Mailey
advised that people who pass inspections would question how they could be written up based on a
City ordinance. He stated that he wanted to solve this problem for the City; however, he indicated
that the Department was facing a stumbling block.
Mr. Hare stated that the City had gone through this issue years ago and one (1) of the solutions was
to enforce speeding. He noted that those who travel in residential neighborhoods at 25 mph do not
make loud noise; therefore, those who make this noise must be speeding and could be given tickets.
Chief Mailey agreed with Mr. Hare; however, he stated that officers must be present to observe the
speeding. Mr. Hare noted that they must also be present to observe loud noise. He indicated that
a loud vehicle that comes through his neighborhood each day at 6:40 a.m. or 6:50 a.m. is serving as
an alarm clock, and it is not known who the driver is. Chief Mailey suggested providing the Police
Department with a description of the vehicle. Mr. Hare stated that people traveling at 25 mph in his
and Mr. Garfinkel’s neighborhoods would not make this noise. Chief Mailey advised that officers
could be sent out to enforce the speed.
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Mr. Garfinkel stated that the ordinance cited by Chief Mailey, referenced “a muffler or other device
which will effectively prevent loud or explosive noises therefrom.” He expressed his opinion that
someone could be cited for not having a muffler that is effectively preventing loud or explosive
noises. In response, Chief Mailey explained that this would not be defensible in court because it
would involve an individual’s judgement, and there must be something clear and defined for an
officer to charge someone. He noted that if an officer wrote a ticket and the individual stated that
their defense was that they have a muffler, the case would be lost in court.
In response to Mr. Garfinkel, Chief Mailey stated that, to his knowledge, this section of the code had
not been appealed to a Superior Court, and the State does not enforce or look into this issue. He
advised that a hearing would start at the Justice of the Peace (JP) Court level. Chief Mailey stated
that he was willing to try; however, it would be a tremendous uphill battle that he did not think
would be successful. Responding to Mr. Garfinkel, he indicated that he had spoken to Deputy City
Solicitor William Pepper about this matter, and Mr. Pepper was in agreement that having a muffler
on a motor vehicle would constitute an affirmative defense.
Mr. Garfinkel referred to a conversation he had with Chief Mailey regarding straight pipes.
Responding, Chief Mailey stated that a straight pipe does not muffle but is an extension of a pipe,
whereas a muffler is a device that circumvents the noise through several channels to the exit. He
noted that a straight pipe is no different from a pipe running off the engine and does not function as
a muffler. Mr. Garfinkel stated that there is no muffler on vehicles with a straight pipe and this is
citable by police. Chief Mailey stated that the Dover police are aware of this and write tickets for
everything that they can.
Referring to the report of “Summons Issued for Loud Noise from Vehicle - June 15, 2016 through
June 14, 2017,” Mr. Garfinkel noted that there were 30 violations for a loud noise from a vehicle.
Chief Mailey advised that this report was specific to vehicles. Referring to the list of “Complaints
for Loud Noise Received by the Police Department - June 2016 through June 2017,” he explained
that this reflected the total number of noise complaints, including loud parties, radios playing loudly
in cars, etc. Chief Mailey stated that noise heard 50 feet from its source can be written up. He noted
that approximately 800 complaints were received within a year and 30 citations had been written.
Chief Mailey noted noise complaints involve moving targets, and it takes time for officers to
respond. He stated that if officers do not happen upon a vehicle, their success rate is not very good.
In response to Mr. Garfinkel, Chief Mailey advised that the 30 citations were not due to mufflers but
radios, noting that officers cannot enforce mufflers.
Mr. Sudler stated that when there are complaints about music being too loud at clubs, the noise level
is measured by the ability to hear the bass 50 feet away. He asked if there is a tangible measurement
for sonic booms that allows for a charge to be defended in court. Responding, Chief Mailey stated
that the Police Department had never had a decibel meter. He expressed his belief that a sonic boom
would be an intense noise, noting that Air Force jets are not allowed to fly over Dover. Chief Mailey
stated that he believed that if a sonic boom came from ground level, there would be property damage,
and a vehicle could not reach that noise level, which would shock the senses.
Mr. Sudler asked how a violation could be defined without a decibel meter and if Chief Mailey
recommended that the City support the Department in obtaining this tangible tool. Responding,
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Chief Mailey stated that a City ordinance could be enforced if it was written in a fashion that
determined acceptable and non acceptable decibel levels.
Responding to Mr. Sudler regarding a recommended decibel level in regard to sounds and mufflers,
Chief Mailey stated that the City’s ordinance, as it relates to audio devices like radios, etc., is
appropriate and 50 feet is a reasonable expectation. Mr. Sudler stated his belief that this would lead
to too much hearsay, since what may be acceptable to one person may not be to another. He
suggested doing research on having something tangible and concrete, such as 50 decibels.
Mr. Sudler noted that he likes loud music and Mr. Neil may not, and he questioned how to define
a concrete, acceptable and valid happy medium. Responding, Chief Mailey stated that the DMV’s
standard would probably be a starting point. He indicated that he would have to research this matter;
however, his recollection was that the gentleman from the DMV had indicated that 90 decibels was
their previous standard and they would stand 25 feet away. Chief Mailey advised that it would be
better if a sound meter pegged the noise above 90 decibels, because there would be awareness. He
noted that this could be done at the City level; however, there would be opposing arguments because
an offender would question why their muffler system passed through inspections but they could not
drive through the City.
Mr. Sudler indicated that smoking marijuana is prohibited by federal law; however, state laws allow
it; therefore, he was not worried about a possible difference between the State and the City. He
stated that he thought there was an absolute need for a tangible tool. Mr. Sudler advised that he
thought it would behoove members to research a reasonable decibel level to define a sonic boom
violation.
Mr. Neil agreed that, if action was taken, the law should be redefined to state that sound cannot
exceed a certain decibel level even with a muffler, and this is what would be enforced. He suggested
looking at the law to see if it could be given teeth to allow officers to act.
Chief Mailey advised that he must go by the law, and stepping outside the rules or testing them
causes issues. He noted that a local business was recently cited for a nuisance ordinance violation
as it pertained to their establishment. Chief Mailey stated that there had been problems prosecuting
this matter at the JP level because of gaps that were written into the ordinance. He indicated that a
ruling would be obtained from the JP judge so that the weak spots in the ordinance could be
addressed and it could be properly enforced. Chief Mailey stated that the noise issue regarding
mufflers and car radios was definitely a weak spot in the noise ordinance and, if something was
included to establish a clear level, officers would gladly enforce it. He stated that it was not in the
spirit of integrity for the Police Department to write tickets for the sake of writing them, noting that
they do not want to go to court to lose. He expressed the desire to write tickets that are defensible,
and he stated that, in his opinion, it was not currently defensible.
Mr. Neil stated that the safety nets woven into State laws have many loopholes that must be closed
and redefinition is needed so that there are laws with teeth. He stated that the JP Court does not
establish any precedent with the Superior Court of the State and that if a loophole was found, it could
be closed.
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Mr. Garfinkel advised that Section 42 of the U. S. Code addresses road noise, and the Environmental
Protection Agency in Philadelphia could probably send regulations on this issue. He indicated that
there are also standards for the decibel level of a motorcycle coming off the assembly line.
Mr. Garfinkel stated that the research had been done and just needed to be requested. He asked
Chief Mailey what would be done on this issue. Responding, Chief Mailey stated that he could ask
Mr. Pepper if the ordinance could be rewritten. He advised that an acceptable standard for noise
level must be established so that officers can act when they observe a non-compliant vehicle.
Chief Mailey advised that when officers hear a vehicle that they think is extremely loud, they could
stop the vehicle for probable cause for a noise violation. He indicated that they would have a decibel
meter in hand and an RPM level or idle speed would have to be established for testing the vehicle,
and depending on what the decibel meter shows, a citation would or would not be issued.
Chief Mailey indicated that this would be the easiest way to remedy the problem, noting that issuing
citations for exceeding the speed limit may also solve the problem. Chief Mailey expressed his
opinion that these would be the two (2) best ways to solve the problem.
In response to Mr. Garfinkel, Chief Mailey advised that he could research this issue to look for best
practices and discuss it with Mr. Pepper before the Committee’s next meeting.
Mr. Shelton informed members that he worked in manufacturing at Scott Paper and Playtex and
hearing protection is required for noise over 85 decibels. He indicated that this is how this issue is
handled within the U. S. government.
Mr. Lindell indicated that he typically leans toward going with an expert on a subject and, in this
case, this was Chief Mailey. He concurred with Chief Mailey’s comments about enforcement and
stated that it would be futile to send officers out to enforce. Mr. Lindell stated his recollection that
the City of Newark had been challenged because, even if a decibel level is set, there is still
reasonable doubt regarding how it is measured. He advised that the problem could be addressed
through traffic enforcement. Mr. Lindell stated that the Police Department should be allowed to
handle this situation, noting that if there was an issue with an ordinance, the Committee could review
it. He indicated that he did not want members to develop an ordinance setting a decibel level if it
could not be prosecuted properly in JP Court, since this would be a waste of the time of police
officers and members of the Committee.
Mr. Lewis concurred with Mr. Lindell, stating that, as a former police officer, he understood
Chief Mailey’s position. He noted that police officers can only follow what the law says, and if they
go beyond it they would be challenged and prosecution would be unsuccessful.
Mr. Sudler stated his understanding that Chief Mailey had indicated that he needed a tangible tool.
Responding, Chief Mailey advised that if the City’s ordinance was re-written and established a level,
a tool would be needed to measure it, and this would be a decibel meter. Mr. Sudler advised that
City Council would define what would be reasonable.
Mr. Sudler moved to recommend that Chief Mailey research a reasonable decibel indicator that
would be proficient in prosecuting an affirmative offense charge for sonic boom, in accordance with
not only the U.S. Code for the State of Delaware but also reasonable in regard to the hearing which
they currently use for the City of Dover. The motion was seconded by Mr. Shelton.
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Mr. Neil suggested using the term “noise above a certain level” rather than sonic boom, because
there may not necessarily be a booming sound. Mr. Sudler requested that sonic boom be defined.
Mr. Lewis suggested that Chief Mailey and the City Solicitor meet to discuss this matter, including
whether the ordinance needs to be changed, what is best for the City, and enforcement of violations.
Mr. Anderson stated that he concurred with the motion but preferred the term “excessive noise”
because this was already defined in the City Code. He stated, however, since members were not
currently drafting legislation, he did not know if the motion needed to be amended as long as there
was an understanding of excessive noise.
Mr. Garfinkel indicated that he thought Mr. Sudler’s motion was a good one; however, he thought
it premature because Chief Mailey had indicated that he could report back in a month on this issue
and had not been allowed that time. He suggested allowing Chief Mailey to discuss this with the
City Solicitor and provide a baseline. Mr. Garfinkel indicated that he would also like to see a review
of the best practices of departments in other jurisdictions, noting that this would place members in
a better position to make further determinations.
Mr. Hare advised members that a sonic boom is defined as the sound associated with a shockwave
created by an object traveling through the air faster than the speed of sound. He noted that no tickets
would be written for sonic booms.
Mr. Slavin thanked Mr. Garfinkel for bringing up this issue. He cautioned members that the City
was facing serious crime issues and stated that if Council sends out a message to the 90-member
uniformed police force that loud noise is a priority, they will do what they are asked and enforce loud
noise. Mr. Slavin advised that every minute officers spend enforcing this issue is one (1) less minute
they will be enforcing heroin and major crimes the City is facing. He expressed the need to
understand that there is a finite number of minutes for uniformed police officers on the street at any
one (1) time. Mr. Slavin indicated that it is left to the Chief to set priorities based on the crimes
being seen, and he wanted to be sure that the Chief is given this latitude. He indicated that
Chief Mailey had advised members that legal counsel had stated that this issue was unenforceable
at this time, noting that there may be additional information that the Chief could bring back to help
illustrate this. Mr. Slavin expressed the desire to be very careful not to send the wrong signal that
this is a priority over other things.
Mr. Hare noted that there was a lot of research to be done on this topic and suggested that Mr. Sudler
and Mr. Garfinkel do this research, noting that Chief Mailey currently has a lot on his plate. He
stated that he would not tell Chief Mailey to make this a priority because there are many things that
need to be addressed first. He advised Chief Mailey not to defer something that is more important
to do this, noting that people could live with this noise a few more weeks or a month. Responding,
Chief Mailey advised that he could perform research and delegate some duties, noting that he has
a staff working for him. He stated that he would look into this matter further and come back with
information. Chief Mailey indicated that he must be clear on what he is looking for, noting that
members had mentioned both decibel meters and industry standards.
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Mr. Anderson stated that the issue should not be brushed aside because it is lower on the level of
importance. He noted that some places that had repeatedly had loud noise were eventually shown
to be locations where there were problems with drugs and violence. Mr. Anderson advised that an
address on North New Street had repeated noise problems over the years, and a shooting occurred
there. He stated that there were loud noises and problems at a location on North Kirkwood Street,
and it became a disorderly premise, with repeated shootings coming from that area. Mr. Anderson
noted that there was an address on Fulton Street with similar disorderly problems and a shooting
came from there, with a bullet ending up near Mr. Anderson’s home. He stated that repeated noise
problems are leading indicators and tend to involve groups of people gathering at a location and
creating the noise. He noted that at 6:00 p.m. noise may not be a worry, but sometimes there are
groups of people at 10:00 p.m., 11:00 p.m., or midnight.
Mr. Slavin stated that the discussion was about mufflers. Responding, Mr. Anderson noted that the
topic was radios, loud noises, etc., which had become part of the problem, and that radios are inside
mobile vehicles. Mr. Anderson indicated that, in his experience, people party from vehicles, move
on when they see the police, and then return. He advised that, with enforcement, success had been
achieved on North Kirkwood Street, where there had not been a single problem recently, and on
Fulton Street. He stated that this issue was linked to public safety and was not necessarily a
frivolous issue.
Mr. Lindell moved to call for the question, seconded by Mr. Hare.
Mr. Sudler stated that the motion was to have the Police Chief perform research on a reasonable
decibel indicator that would be proficient in prosecuting an affirmative offense charge for sonic
boom. He stated that the term “sonic boom” could be removed if needed, and replaced with
“excessive noise,” as suggested by Mr. Anderson. Mr. Sudler advised that he was asking
Chief Mailey to do research and get back to the Committee, and this could consist of talking to the
City Solicitor. Mr. Sudler expressed his belief that there was consensus among members for
Chief Mailey to do the research and get back to members.
The motion to call for the question was unanimously carried.
The motion to recommend that Chief Mailey research a reasonable decibel indicator that
would be proficient in prosecuting an affirmative offense charge for excessive noise, in
accordance with not only the U.S. Code for the State of Delaware but also reasonable in regard
to the hearing which they currently use for the City of Dover was unanimously carried.
Mr. Neil moved for adjournment of the Safety Advisory and Transportation Committee
meeting, seconded by Mr. Cole and unanimously carried.
Meeting adjourned at 7:07 p.m.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Sudler moved for approval of the agenda, seconded by Mr. Lewis and unanimously
carried.
Clarification - Request for Incentives - Nail Spa by TR
During their Regular meeting of April 10, 2017, City Council approved the Council Committee of
the Whole/Legislative, Finance, and Administration Committee’s recommendation that Staff come
back with a recommendation with regard to buildings with less than 5,000 square feet, what the
impact would be, and whether or not the time could be increased for a smaller building to have the
abatement. Consideration of this item was deferred during the Council Committee of the
Whole/Legislative, Finance, and Administration Committee meeting of June 13, 2017.
Mr. David S. Hugg III, Acting Director of Planning and Community Development, explained that
a request for incentives was received from the owner of a building that did not meet the requirements
or specifications set forth in the in Appendix E - Commercial and Industrial Building Redevelopment
of the Dover Code. He noted that the building was under 5,000 square feet. and work on it had
already commenced, which would make it ineligible for the incentive even if it was otherwise
eligible. Mr. Hugg advised that, after researching this issue, it appeared that the ordinance was
adopted in 2012 to deal with issues regarding big box or large commercial buildings that were
vacated by Kmart, Walmart, and others, and to incentivize redevelopment for new business
opportunities.
Mr. Hugg explained that he initially questioned why a 5,000 square foot parameter was included in
the ordinance, noting that buildings of this size are often fairly large commercial buildings with
many kinds of uses. He estimated that this parameter would eliminate approximately 80% of the
commercial buildings in Dover, particularly in strip centers. Mr. Hugg indicated that there must
have been a rationale for this limitation, as well as the specification of $15,000 or more of
investment, and that Council must have intended to focus this particular incentive on a very limited
number of buildings. He advised that, using Geographic Information Systems (GIS) information,
he attempted to count how many buildings were being discussed and determined that there were at
least 166 buildings under 5,000 square feet, mostly in the downtown area. Mr. Hugg estimated that
if all of the buildings were eligible and at least $15,000 was invested in each building, the cost to the
City, even at $50,000 per building, would be approximately $400 per year, per building. He advised
that the fiscal impact of adding other buildings to this ordinance would not be particularly significant
unless there were very large numbers of buildings. Mr. Hugg noted that the ordinance had a very
specific purpose, was still on the books, and had been amended. He informed members that the
ordinance stated that it was implemented “to promote the renovation and equalization of commercial
and industrial buildings on the city's principal commercial corridors. In order to promote the
business growth and reutilization of vacant commercial buildings.” Mr. Hugg advised that the intent
of the ordinance was very clear, and if Council wanted to incentivize smaller, commercial businesses
at some point, this would probably not be the right ordinance to amend. He recommended looking
for another incentive that would work better and be more effective, if Council wanted to move in that
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direction, rather than trying to amend the current ordinance to make it fit something that it was not
intended for.
Mr. Sudler moved to recommend acceptance of Mr. Hugg’s recommendation to look for
another incentive that would work better and be more effective, if Council wanted to
incentivize smaller, commercial businesses at some point, rather than trying to amend the
current ordinance to make it fit something that it was not intended for. The motion was
seconded by Mr. Lewis and unanimously carried.
Organizational Recommendations - David S. Hugg III, Acting Director of Planning and
Community Development
Mr. David S. Hugg III, Acting Director of Planning and Community Development, advised members
that, when he joined the City, he was asked to look at how the City is organized, not only in the
Planning Department but broadly, and suggest possible improvements or changes that might make
operations more efficient and streamlined. Mr. Hugg reviewed a memorandum dated June 23, 2017
regarding Initial Recommendations on Reorganization (Attachment #1). In regard to the Department
of Planning and Inspections, Mr. Hugg indicated that at some point there may be an opportunity to
look at the Department’s hierarchy, noting that no one was currently serving as second in command;
however, he did not think this was necessary at this time.
In regard to the reporting structure, Mr. Hugg indicated that he had asked the Delaware City
Managers’ Association to do a survey, results were received from most of the jurisdictions, and
found that Dover was the only municipality of all those who responded that operates with a split
system, where some members of senior staff report to Council or a member of Council and not to
the City Manager. Mr. Hugg stated that the split system works as long as the City Manager, the City
Planner, and others get along, but if there were significant policy issues, this approach would become
disruptive. He advised that his suggestion and recommendation would be for Council to look into
streamlining the reporting structure and to put the City Manager on the spot as being responsible for
operation of the City government and moving it forward.
Mr. Hugg stated that his recommendations were provided for discussion and he was willing to
expand upon them.
Mr. Hare stated that members would be unable to do justice to these recommendations during the
current meeting. He suggested that another meeting be scheduled to address these concerns and that
the Kent Economic Partnership (KEP) be invited.
Mr. Sudler asked Mr. Hugg to elaborate on his comments regarding the reconstitution of the
Economic Development Committee, and questioned why Mr. Hugg felt so strongly about Option #3
- assign as a priority duty of the Assistant City Manager. Responding, Mr. Hugg explained that he
was not recommending the re-establishment of an Economic Development Committee, noting that
committees are bound by the Freedom of Information Act (FOIA), notice requirements, and
membership. Mr. Hugg advised that he had been working with Mr. Anderson in regard to a
resolution to be presented at the next Council meeting regarding an issue that was being termed
“Making Dover Prosper.” He indicated that, in the absence of a point person or persons for the City,
if an interested party calls the Mayor and the Mayor asks Mr. Hugg, who is in the office, to follow
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up with them, there is an opportunity to work with this individual. He explained that if this party
does not call the Mayor or if Mr. Hugg is not in the office, this contact may be lost. Mr. Hugg
indicated that there is currently no point of contact in the City to direct someone to if they are
interested. Mr. Hugg informed members that all jurisdictions must deal with the same set of
regulations, whether or not they like them, and Dover is not any worse than anyplace else. He
indicated that Dover had been accused of being overly cumbersome; however, based on his
experience, Dover was not that bad. Mr. Hugg explained that many people need someone to help
them through the process, tell them that it will take 60 days to go before the Planning Commission
because of timing, notice, etc., and keep them apprised.
Referring to Mr. Sudler’s question regarding Option #3, Mr. Hugg stated that this option would be
to use the Assistant City Manager position for economic development. He advised that his initial
concern regarding this option was not whether or not that position would become the economic
development director but what would be done with the other critically important day-to-day
functions that need to answer to someone at a fairly senior policy level. Mr. Hugg indicated that
these functions need to be addressed by someone who can make policy, not by an administrative
assistant. He questioned what alternative would be created if these functions are not addressed by
the Assistant City Manager, so that the City Manager is not overloaded.
Mr. Neil indicated that a workshop should be held over a long day to review all of the issues brought
up by Mr. Hugg, which he thought were brilliant. He advised that Mr. Hugg’s recommendations
provided food for thought regarding directions in which the City could go based on Mr. Hugg’s
experience. Mr. Neil also applauded the Mayor, noting that he had seen him in the role described
by Mr. Hugg and thought he was very good at it.
Mr. Lewis asked if Mr. Hugg’s recommendation was to hire a part-time or per diem consultant to
help with promoting Dover. In response, Mr. Hugg indicated that he would like the opportunity to
pursue this question further, instead of saying yes or no at this time. He stated that there may be City
staff whose job duties could be refined to include more promotion, and this could include the City
Planner, as well as others. Mr. Hugg advised that before hiring someone, there was a need to know
what it is that the City is trying to promote and what words would be used, such as “Making Dover
Prosper” or “Make Dover Your Next Home,” and hiring a firm may be considered after that.
Mr. Hugg informed members that Smyrna had hired a public relations firm from Wilmington for
strong point marketing who did wonderful things at an estimated cost of $20,000 - $30,000, which
was not very expensive. He noted that this firm was not used regularly.
Mr. Polce thanked Mr. Hugg for the report, noting that he and Mr. Hugg had discussed the need to
focus on economic development and foster synergy, both downtown and broadly throughout the City.
He indicated that he looked forward to further conversation.
Mr. Slavin explained that he had been briefed by some of the members who were putting together
the revitalized KEP. He noted that there are a lot of moving parts related to what was going on with
the break-up of the Delaware Economic Development Office (DEDO), the public/private partnership
that had been formed, and what is left for other places. Mr. Slavin indicated that a need had been
expressed for a presentation to the City of Dover on these issues when these members were ready,
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and suggested that this would be the time to hold a workshop for a deeper discussion into economic
development.
Mr. Slavin encouraged Mr. Hugg to continue to work on the issues related to Parks and Recreation
and the Library with Mrs. Donna Mitchell, Acting City Manager, stating that Council would likely
consider those issues during the Council Retreat in January, which is a full-day planning session.
He noted that Council could look at that issue then and consider it for next fiscal year.
Mr. Anderson moved to recommend acceptance of the report, seconded by Mr. Slavin and
unanimously carried.
Proposed Ordinance #2017-09 Amending Chapter 2 - Administration, Article IV - Officers and
Employees, Division 1 - Generally, Section 2-201 - Compensation and Expenses for Mayor,
Council, Employees and Other Elected or Appointed Officials (Sponsors: Neil and Slavin)
Mr. Neil advised that, before the most recent members of Council were elected, Council had been
asked to complete a Survey of Mayor and City Council Member Responsibilities, indicating what
they did as members and how much time it they spent, for review by the Compensation Commission.
He indicated that the Compensation Commission was to prepare a report and possibly recommend
increasing Council’s compensation. Mr. Neil noted that the report had not been issued, and some
Commission members’ two-year terms had expired and they could not be reappointed. Mr. Neil
explained that Council President Slavin had asked him to review the ordinance and offer
recommendations. He noted that when the original ordinance was developed, Council members
were serving two-year terms and were now serving four-year terms, and it seemed to make sense to
extend the terms of the Compensation Commission members to four (4) years as well. He thanked
Mrs. Traci McDowell, City Clerk, for working with him on Proposed Ordinance #2017-09.
Mr. Anderson stated that he favored the Proposed Ordinance as long as it would not allow for the
extension of the terms of those currently serving on the Compensation Commission. He advised that
there should be some measure of accountability when reports are not provided in a timely manner.
Mr. Anderson suggested that the Committee should also consider what recourse they would have if
there are not meetings and reports, and expressed his belief that this may be grounds for looking for
a new Commission. Mr. Sudler stated that he agreed with Mr. Anderson. Mr. Hare stated that he
also agreed with Mr. Anderson; however, he thought there were some members of the Commission
who should be reappointed and was unsure if these members’ terms had expired.
Mr. Sudler moved to recommend adoption of Proposed Ordinance #2017-09. The motion was
seconded by Mr. Lewis and unanimously carried.
By unanimous consent, the Legislative, Finance, and Administration Committee meeting
adjourned at 7:41 p.m.
Mr. Sudler stated that he wished to submit information regarding Chapter 59 - Juvenile Curfew of
the Dover Code for consideration during the next Safety Advisory and Transportation Committee
meeting. Mr. Lewis stated that he would review the information and decide whether or not to place
the item on the Committee’s agenda. (City Clerk’s Office Note: This item has been placed on the
next Safety Advisory and Transportation Committee agenda for consideration.)
Page 199
COUNCIL COMMITTEE OF THE WHOLE MEETING OF JUNE 27, 2017 PAGE 16
Mr. Neil moved for adjournment of the Council Committee of the Whole meeting. The motion
was seconded by Mr. Lewis and unanimously carried.
Meeting adjourned at 7:42 p.m.
Timothy A. Slavin
Council President
TAS/TM/js/dd
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2017\06-27-2017 CCW Minutes.wpd
Attachments
Attachment #1 - Memorandum from Mr. David Hugg, Acting Director of Planning and Community Development,
dated June 23, 2017 regarding Initial Recommendations on Reorganization
Page 200
ATTACHMENT #1
Council Committee of the Whole Meeting of 06/27/2017
TO: Council, Mayor
FROM: David Hugg, Interim Director
DATE: June 23, 2017
SUBJ: Initial Recommendations on Reorganization
This report focuses on the opportunities and issues relating to the organization of a portion of the City’s
structure. It addresses Planning & Inspections, Parks & Recreation (but could involve the Library) and
Economic Development, although some recommendations involve Public Works and City Manager
functions. My preferred recommendations where there are options are marked with an asterisk (*)
Summary:
Planning & Inspections (internal) – no changes to internal structure at this time
Planning & Inspections and Parks & Recreation:
o Base change – put parks maintenance function w/staff and other necessary resources in
P&R (remove from PW) but leave under Planning & Inspections*
o Option #1 – reestablish Parks & Recreation Department with Director*
o Option #2 – create a Parks & Recreation Manager for daily operations but leave with
Planning & Inspections organizationally
o Option #3 ‐ establish Parks, Libraries and Cultural Affairs Department with Director
Planning & Inspections (external) – City Planner should report directly to City Manager, not
council (w/wo P&R)
Economic Development:
o Base change – set aside a specific fund/line for promotion and marketing*
o Clarify role of Mayor in promotion, marketing, recruitment, retention, representation*
o Option #1 – create separate Office of Economic (or Business) Development*
o Option #2 – join in regional economic development entity based on KEP
o Option #3 – assign as a priority duty of the Assistant City Manager
o Option #4 – independent consulting services
Other – All departments, except public safety and city clerk, should ultimately report to City
Manager w/some support duties going through Assistant City Manager (note: I asked the DE City
Managers Association to do a quick survey of Manager/Assistant duties, the results of which I
will have soon).
Planning & Inspection (internally):
Page 201
This department seems to function well with exceptionally good internal coordination among the
components (Permitting/Front Desk, Building Permits, Code Enforcement, Fire Marshall and Planning &
Zoning). Internal processes are appropriate for ensuring that coordination and approvals occurs.
Opportunities to increase cross‐training would help to smooth out the periodic workflow, but some
alternatives are being explored, including use of third parties to backup staff as needed. I do not see the
need for any structural changes in this department at this time.
Planning & Inspections/Parks & Recreation (reporting structure):
The larger question involves whether the City Planner/Planning & Inspections Department (with or
without Parks) should continue to report separately to the Council. In most jurisdictions that I am
familiar with all administrative functions report to a town or city manager or a county administrator,
with the exception of police/public safety and perhaps whatever unit directly supports the council. This
structure provides a single point of managerial oversight, minimizes policy and other
miscommunications and conflicting policies, provides a better focus for fiscal and priority decisions, and
ensures clearer lines of responsibility and accountability. This structure does put a burden on the
manager; often larger cities or counties utilize deputies or assistant managers who have specific areas of
responsibility, but those positions still answer to the manager.
Dover’s structure is unique in that along with the clerk’s office, the Finance Director, City Planner, the
Assessor, Police and the Fire Department do not report to the City Manager. The City Manager’s position
appears to be most closely aligned with utility and public works operations and billings, with a number
of additional support functions (HR, IT, procurement) and the Library (which currently reports through
the Assistant City Manager).
Parks and Recreation:
Sometime ago, with the retirement of the Parks Director, these responsibilities were added to the scope
of the City Planner/Director of Planning & Inspections. While that was a cost savings, it left the Parks and
Recreation function with no other managerial structure and made them “step‐children” of the Planning
& Inspection Department. Currently they function largely on their own, setting schedules, implementing
programs and managing facilities. While that seems to function reasonably well (because the staff are
well motivated and take charge), they get hit‐or‐miss attention from the Director and there is little
supervision or prioritization of tasks. I feel there are three options available (excluding doing nothing):
A fundamental (and urgent) issue involves park maintenance and up keep. It is my understanding that
responsibility for all park facilities and grounds is placed in Public Works, with grounds maintenance the
responsibility of the Grounds Section of that unit and maintenance of the Recreation Center falling
under the Facilities unit. Given that excessive deferred maintenance is apparent at many of the City’s
Parks, I believe the responsibility for maintenance of park & recreation grounds and facilities (except
major repairs and utility services) should be a direct function of the Parks & Recreation unit. Grounds
and facility maintenance duties should be reassigned from Public Works to Parks & Recreation along
with sufficient staffing and equipment to ensure proper attention. This should happen regardless of
which organizational option is selected. P&R maintenance staff should still be available for snow or
other weather related needs or in the case of a major utility failure where all hands are needed.
Base change – move park maintenance responsibilities and relocate with appropriate staff and other
resources to P&R to better address priority, accountability and responsibility*
Page 202
Option #1: reestablish the position of Parks & Recreation Director and return the Department to its prior
status.*
Pros: improves direction and supervision; focuses attention clearly on P&R needs; restores
status within city government relative to others for consideration of resource needs
Cons: adds significant cost associated with creating the Director position (salary and other costs
could be in the $100,000 ‐ $125,000 range depending on the starting salary); adds another
direct report to City Manager or alternatively to council.
Option #2: create a manager/supervisor‐level position within the Parks & Recreation group, reporting to
the P&I Director, whose job duties include daily operation of the facilities and programs, basic resource
management/expenditure control, general supervision and reporting, but not policy or major decisions.
Pros: improves general supervision and operation; is less costly than a director position;
improves involvement in broader department matters
Cons: involves some added expense (about $70,000 depending on where the position’s
compensation is set); requires creation of a new job title and description
Option #3: reestablish the earlier Department of Parks, Recreation and Libraries (perhaps renamed to
include the notion of community or cultural affairs). I understand that this structure was in place until
about the time the new library was being built. I think the separation of Libraries was in part due to the
retirement of the director (Zak Carter) and the changing role of libraries generally. The pros and cons are
the same as the first option, the primary difference is organizational in terms or reporting.
Economic Development, Marketing & Promotion:
The lack of a centralized and focused approached to economic development places the City at a distinct
disadvantage, particularly relative to Smyrna and Milford. At any given time, one or more of the Mayor,
The Council President, the City Manager, the Assistant City Manager, the City Planner, the Public Affairs
Officer, and individual councilmembers, may be engaged in recruitment, retention, and business
promotion on behalf of the City. Even worse, there are probably times when none of those positions are
actively engaged, resulting in missed opportunities and inconsistent signals to prospects, other
economic development interests, or the public.
Additionally, there is no consistent and carefully crafted marketing or promotion strategy for the City;
the website is marginal in terms of its promotional value; only “bad news” seems to be published in the
media; and initiatives by other entities (KEP, CDCC, GKC, DDP, etc.) seem to drive how the City is
marketed to the world. I recently revised the City website under “Business: Locating to Dover” to make
it more focused, replace an unattractive picture, and delete a now defunct commercial source link, but
that is simply a stopgap.
Let me digress for a moment. Governor Carney has proposed a new public/private partnership entity to
replace the current Delaware Economic Development Office (DEDO). House Bill 226, which comes as a
result of the Governor’s Working Group on economic development, creates a public/private non‐profit
body outside the governmental structure to take over the broader functions of attracting early stage
Page 203
technology enterprises and entrepreneurs, large employers, international businesses, and state
marketing strategies, formerly housed in DEDO. Many remaining functions of DEDO will be transferred
to a new Division of Small Business, Development and Tourism in the Department of State. The
public/private partnership, according to the Working Group’s report, will essentially be a subscription/
pay to play arrangement. There is considerable concern that upstate interests will dominate this new
entity, possibly not adequately representing Kent county interests. I mention this only to empathize the
need for the City to be in a leadership role as I feel we will get diminished attention.
Base change: *
The base change has to do with promoting the City. I firmly believe that the City has to be the leader in
the economic vitality of the county and the region. We are the State Capital. We have the bulk of the
jobs and manufacturers in the county within our borders. We are the home of state and county
government, and DAFB, with all the other attributes that attract economic activity (colleges, health care,
regional retail, professional services, etc.). Getting that done requires, first, the commitment to make it
happen; and, second, the allocation of resources for which the priority is fostering the economic
development of the City. The City cannot afford to let someone else do it or let it happen on its own.
Nor can the City only focus on the downtown while letting the rest of the city happen. I believe a budget
of not less than $50,000 per year should be allocated to promoting the whole City.
Defining the role of the Mayor: *
The role of the Mayor in economic development matters should also be clearly defined so that the
position can bring the stature and high level presence to the table in recruitment, retention and related
activities. The Charter (Subpart A, Article II, Section 14) offers no guidance on this matter. In my
experience, the Mayor is generally perceived as the face of the community in terms of recruitment,
communicating with prospects, assisting in retention or expansion issues, cutting ribbons and other
ceremonial functions, and speaking on behalf of the city relative to its condition, growth and economic
outlook. I won’t venture any further into this discussion because Dover’s Charter and delegation of
official powers sets forth an overall structure that is different from most.
Option #1: *
The most logical option is reestablishment of a City of Dover Office of Economic Development (or Office
of Business Development) entity, the name of which can be debated, and which might only be a staff of
one, with or without consulting assistance (note: the staff could be either an employee or be
contracted). In my mind this position is functionally separate from the City Manager’s Office, having
flexible interaction with the Mayor and Council President, and ultimately reporting to the Council
President. I realize this structure existed in some form until recently, but I believe it is worthy of
reconsideration.
The Office should have a clear mission statement, measurable objectives, regular reporting
requirements and a designated budget to allow for data procurement, marketing and promotion,
participation in business development organizations and events, and support services. The Office should
also have access to a dedicated promotion and marketing fund (see above), and basic support resources.
A budget of at least $150,000 per year should be allocated to provide staff and contractual resources to
make this function viable (costs include compensation, benefits, memberships, some travel, economic
data and analysis, consultant services).
Page 204
Option #2:
Another option is to regionalize economic development functions building off of the already established
structure(s) represented within the Kent Economic Partnership (KEP). The KEP’s mission is set forth as
“the premier engine that creates and maintains a diverse business climate for the benefit of the citizens
of central Delaware.” Managed by a public/private board, KEP includes the City of Dover, the
municipalities of Smyrna and Milford, Kent County and a cross section of the major employers in the
county. While offering the potential to employ highly trained staff and be more flexible in terms of
working with present and potential businesses, the City is advised not to relinquish all responsibility for
economic development activities, and to hold a voting seat on the board (perhaps a veto for projects
that are within or adjacent to the City boundaries if necessary). This option is getting some attention
within KEP; I do not have enough information to speculate on costs or ultimate structure.
Option #3:
The City has an Assistant City Manager and that position could be primarily responsible for economic
development and promotion. These duties would be similar to a separate position (option #1), but a
critical question then becomes how to distribute the duties that would otherwise have been assigned to
the Assistant City Manager and avoid overloading the City Manager. In my opinion those duties are too
important and have too high level policy and operational considerations to be delegated to someone at
an administrative level. Some larger cities across the country have two or more ACM’s, one for
administrative functions and one for growth and development; Dover is probably not ready for that yet.
Option #4:
Economic development activities could be undertaken solely through a consulting relationship with a
firm that specializes in these services. This option could be costly and limit quick response when a
prospect turns up. A risk is that the firm might not have the same priorities or objectives of the City,
leading to conflicting approaches, or may not give City issues their full attention. My experience
suggests that having a staff person responsible for the function and securing contractual services for
specific tasks is a better model.
In any of these options the commitment to economic development should be a priority, not just left to
happen or without a clear city commitment. Experience suggests that letting economic development
take care of itself or under somebody’s else’s direction is poor practice with generally unsatisfactory
consequences.
Sidebar: these options beg the question of the level of City support and fiscal obligation to groups such
as the Downtown Dover Partnership or the KEP.
Other Organizational Considerations:
The role of the City Manager/Assistant City Manager need to be affirmed and clarified. Given the
extensive responsibilities that fall on the City Manager, particularly if Planning & Inspections and Parks &
Recreation both become direct reports, some responsibilities should be assigned (as some currently are)
to the Assistant City Manager. I feel that both positions are committed to enough responsibilities and
Page 205
that neither should take on economic development unless it becomes a priority duty and other
functions are reassigned.
Duties that would report directly to the City Manager might be: Finance, Assessor, Public Works,
Electric, Planning & Inspections and Parks & Recreation. Duties that might report through the Assistant
City Manager could be Customer Service, Human Resources, Information Technology, Procurement,
Library (if not combined with Parks), and any other ancillary functions. I am aware of discussions about
having a Controller position separate from the City Manager to provide checks and balances and ensure
proper utilization of funds. In this scenario the preparation of the budget requests could lie with the City
Manager while the responsibility for developing, presenting and tracking the budget could be assigned
to the Controller. This model is similar to the separate Office of Management, Budget and Planning
(executive) and the Office of the Controller General (legislative)at the state level. I have not reviewed
this option as it might relate best to Dover, but I know that it works effectively at the state level for
coordination of executive and legislative budgetary functions.
I hope these recommendations are of value and am willing to discuss or develop them further as
desired.
Page 206
Monthly Report
May 2017
Office of City Assessor
Page 207
ASSESSOR’S REPORT
Number of Deeds Stamped for Transfer Tax Dollar Amount for
the Month of May 2016/2017 the Month of May 2016/2017
32 $82 $92
35 29 29 $100
Thousands
30 22 $55
25 19
20 13 $50 $27
15
10 2 2 5 8 2016
$17
$2 $3 $9
2016
5 $0
0 2017 2017
First Time Buyer for the Month May 2016/2017 Realty
of May 2016/2017 PropertySales in Dollars
Received Prior to Recording
40 32
$8 $5 $6
30 22 Res. Non‐First $4 $4
Millions
19 $6 $2
Time Buyers $4 $1 $0 $1
20 13 $2
2016
Res. First Time $0
10 Buyers 2017
0
2016 2017
Major Updates
March ‐ 17 April ‐17 May ‐ 17
Assessment Change $7,564,000 $1,024,000 $3,921,800
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
21 $3,279,300 $3,889,230 0.84 1.09
1
Page 208
ASSESSOR’S REPORT
Ratio – Assessed Value divided by Sale Price.
PRD – Mean – A PRD above 1.03 tends to indicate assessment regressivity – high valued properties are under
appraised relative to low valued properties. A PRD below .98 tends to indicate assessment progressivity – high
valued properties are relatively over appraised.
Points of Interest
Scanning & Filing
‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval.
‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for
easy retrieval.
‐ All old property record cards are being scanned and indexed into Fortis.
Assessor’s Office
‐ 2017 Appeal Hearings have been completed (see attached spread sheet)
2
Page 209
2017 Appeal Log
Exempt Request
Reque. Revised
Name Property Address # 2015 Amount Amount Amount
CENTRAL DE HABITAT FOR HUMANITY 325 N NEW ST $13,600 $0 $0
CENTRAL DE HABITAT FOR HUMANITY 22 N NEW ST $70,900 $0 $0
NCALL 231 N QUEEN ST $13,800 $0 Sold
NCALL 106 S NEW ST $13,100 $0 $0
NCALL 110 S NEW ST $11,600 $0 $0
NCALL 112-114 S NEW ST $8,600 $0 $0
NCALL 212 N GOVERNORS AVE $10,800 $0 Sold
NCALL 14 S QUEEN ST $12,000 $0 $0
NCALL 18 S QUEEN ST $12,000 $0 $0
NCALL 245 N WEST ST $13,500 $0 $0
NORFOLK SOUTHERN RAILWAY S WEST ST $50,700 $0 $0
DOVER HOUSING AUTHORITY 402 S NEW ST $40,000 $0 $0
DOVER HOUSING AUTHORITY 13 S NEW ST $10,700 $0 $0
Stipulations
Reque. Revised
Name Property Address # 2015 Amount Amount Amount
FRIEDMAN, FAYE BIBEE 1059 S BRADFORD ST $466,300 $265,000 $273,000
JACKSON PARTNERSHIP - GP 146 S STATE ST $502,200 $250,000 $256,000
Total $1,249,800 $529,000
Page 210
JUN 06, 2017 CITY OF DOVER PAGE: 1
10:36 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
ED05-067.05-02-48.00 18 R10 134 BRANDYWINE DR 1 5 1989 2 2730 A- AV 261,700 19-MAY-17 290,000
ED05-067.13-01-77.00 3 R10 220 CARNOUSTIE RD 1 16 1976 1 4032 B- AV 250,400 23-MAY-17 305,000
ED05-067.14-02-33.00 2 R10 67 FOREST CREEK DR 1 13 1974 2 1443 C- AV 85,600 19-MAY-17 101,000
ED05-067.14-03-11.00 2 R10 145 OLD FORGE DR 1 13 1976 2 1273 C- AV 82,200 05-MAY-17 81,650
ED05-067.16-01-66.00 10 R10 728 FAIRVIEW AVE 1 5 1963 2 1948 C+ AV 160,000 05-MAY-17 162,500
ED05-067.19-03-42.00 17 R10 17 PATRIOT DR 1 3 1990 1 1787 C AV 153,700 19-MAY-17 209,000
ED05-067.20-03-68.00 8 R10 447 N GOVERNORS AVE 1 5 1927 2 1782 B+ GD 163,300 04-MAY-17 184,900
ED05-068.17-02-50.00 8 R10 228 N STATE ST 1 1 1911 2 3889 A VG 360,100 05-MAY-17 600,000
ED05-068.18-03-63.00 7 R10 1015 E DIVISION ST 1 14 1950 1 824 C FR 94,900 08-MAY-17 100,000
ED05-076.03-02-88.00 14 R10 348 TRIBBITT ST 13 2017 2 1732 C+ AV 151,400 22-MAY-17 152,000
ED05-076.03-02-91.00 14 R10 360 TRIBBITT ST 13 2017 2 1760 C+ AV 150,300 15-MAY-17 159,900
ED05-076.05-04-01.055 102 R50 39 PAR HAVEN DR 1 20 1978 1 1008 C- AV 44,100 23-MAY-17 35,000
ED05-076.05-06-53.00 14 R10 19 HEATHERFIELD WAY 1 8 1992 2 1480 C+ AV 138,300 01-MAY-17 159,000
ED05-076.06-05-31.00 17 R10 143 COLONY DR 1 5 1986 2 2353 B AV 203,700 10-MAY-17 225,000
ED05-076.12-01-67.00 2 R10 827 PAUL ST 1 14 1959 1 1052 C AV 117,900 15-MAY-17 106,000
ED05-076.13-01-40.00 14 R10 118 THAMES DR 1 13 1995 2 1372 C+ AV 98,800 09-MAY-17 128,000
ED05-077.07-06-09.00 6 R10 246 LADY BUG DR 1 2017 2 1920 B- AV 189,700 18-MAY-17 234,000
ED05-077.07-06-91.00 6 R10 231 NOB HILL RD 1 2017 2 1920 B- AV 189,000 10-MAY-17 227,280
ED05-085.08-01-47.00 12 R10 1187 OAK LN 1 5 1962 2 2149 C+ AV 164,800 01-MAY-17 205,000
ED05-085.12-04-24.00 12 R10 348 LOCUST POINT PL 1 16 1980 1 1630 C+ AV 136,900 25-MAY-17 164,000
LC05-058.14-01-01.223 1 R10 223 W PERSIMMON CIR 1 14 2003 1 1728 C- GD 82,500 27-MAY-17 60,000
Page 211
CITY MANAGER’S
MONTHLY
REPORT
MAY 2017
Page 212
Average Disconnects
112 112
99 96
86 92
77 71 69
61 58
49 53 53 55
21 24 19 19 26
SEP-16 OCT-16 NOV-16 DEC-16 JAN-17 FEB-17 MAR-17 APR-17 MAY-17 JUN-17
Average Accounts Cut Per Day Average Accounts Available to Cut Per Day
Page 213
Work Orders Processed
2,500
2,000
1,500
1,000
500
0
MAY-16 JUN-16 JUL-16 AUG-16 SEP-16 OCT-16 NOV-16 DEC-16 JAN-17 FEB-17 MAR-17 APR-17 MAY-17
May- Jun- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May-
Jul-16
16 16 16 16 16 16 16 17 17 17 17 17
Series1 1,646 2,002 1,539 2,423 1,939 1,515 1,615 1,643 1,437 1,478 1,665 1,325 1,515
Payment Agreements / Extensions
700
600
500
400
300
200
100
0
May- Jun- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May-
Jul-16
16 16 16 16 16 16 16 17 17 17 17 17
Series1 127 122 402 587 549 523 565 467 487 385 467 525 523
CUSTOMER PAYMENT USAGE
80,000
60,000
40,000
20,000
0
Drive-Thru Over the
Mail, Drop Box Credit Cards Bank Drafts
Window Counter
2017 YTD 26,189 47,762 169,247 1,982 20,959
2016 YTD 25,492 55,604 163,481 1,801 20,385
Page 214
Customer Payments Made Through Bank Draft
600000
500000
400000
300000
200000
100000
0
January February March April May June July August September October November December
2017 279823.56 297914.5 342455.53 256771.02 339351.31 267485.44 188022.46 0 0 0 0 0
2016 247351.87 276553.6 327013.78 253729.28 289793.16 263957.73 317148.01 480391.62 374575.25 389971.29 302860.98 259092.91
Total Accounts Bank Drafted
2500
2000
1500
1000
500
0
January February March April May June July August September October November December
2017 1668 1747 2214 1660 2226 1662 1090 0 0 0 0 0
2016 1605 1751 1954 1636 1982 1775 1812 2309 1602 1831 1886 1770
Page 215
ELECTRIC DEPARTMENT
Electric Divisions
System Peak Total System Load Number Customers
Month outages customers
Sept 15 66,383 Gained
Sept 15 148.0
Oct 15 55,011 Sept 15 9 334 Sept 15 5
Oct 15 101.3
Nov 15 53,746 Oct 15 1 1 Oct 15 9
Nov 15 95.5
Dec 15 56,155 Nov 15 5 2629 Nov 15 61
Dec 15 94.64
Jan 16 62,563 Dec 15 2 17 Dec 15 20
Jan 16 116.96
Feb 16 57,888 Jan 16 5 245 Jan 16 21
Feb 16 110.15
Mar 16 55,967 Feb 16 2 106 Feb 16 14
Mar 16 98.93
Apr 16 53,202 Mar 16 7 353 Mar 16 16
Apr 16 100.37
Apr 16 5 672 Apr 16 29
May 16 128.16 May 16 56,586
May 16 2 206 May 16 13
June 16 133.59 June 16 65,414
June 16 14 601 June 16 53
July 16 165.92 July 16 80,114
July 16 9 307 July 16 13
Aug 16 162.61 Aug 16 83,086
Aug 16 9 214 Aug 16 13
Sept 16 159.99 Sept 16 67,117
Sept 16 7 915 Sept 16 35
Oct 16 116.94 Oct 16 57,707 Oct 16 8 224 Oct 16 27
Nov 16 98.27 Nov 16 54,812 Nov 16 6 4293 Nov 16 41
Dec 16 60,179 Dec 16 5 207 Dec 16 37
Dec 16 101.04
Jan 17 3 12 Jan 17 40
Jan 17 113.04 Jan 17 63,172
Feb 17 1 2 Feb 17 31
Feb 17 106.4 Feb 17 54,811 Mar 17 4 160 Mar 17 15
Mar 17 108.2 Mar 17 60,690 Apr 17 4 114 Apr 17 58
Apr 17 54,062 May 17 5 148 May 17 58
Apr 17 107.03
MAY 17 133.93 May 17 57,823
Electric Monthly Outage Report
The annual outage goal will be less than 295 minutes per customer, which is a Delaware Standard. This will be
measured by calculating the System Average Interruption Duration Index.
FY 17 YTD FY 16 FY 15
28.81 25.53 45.76
Controllable Outages Average Response Time
Annual goal is less than 40 Goal is less than 30 minutes
Month Year-to-date Month Year-to-date
2 26 29.2 Minutes 32.89 Minutes
PROGRAM UPDATES MAY 17 MAY 16 FY17 YTD
Tree Trimming 239 252 6269
Number of Oil Releases 1 3 1
Lost Time Accidents – All Electric Utility Divisions 0 0 0
New Services 58 13 632
Page 216
HUMAN RESOURCES
May 2017
Category May June July August Sept Oct Nov Dec Jan Feb March April May Total
16 16 16 16 16 16 16 16 17 17 17 17 17
Caucasian* 302 301 297 294 296 301 302 300 299 296 293 290 289 n/a
Minorities* 70 70 70 69 71 72 72 71 71 71 72 73 73 n/a
Hired 3 3 3 0 5 9 3 1 5 1 5 1 3 42
Terminated/Resigned/ 0 4 8 4 1 1 2 4 6 4 7 3 4 48
Retired/Other
Transferred/Promoted 0 1 2 2 2 0 0 2 2 0 1 1 1 14
Jobs Posted 2 3 5 7 3 3 1 7 2 6 7 5 2 53
Workers Comp. Injuries 2 0 3 3 3 6 3 0 2 2 2 2 4 32
Workers Comp. Hours 0 32 271 340 171 254 319 342 259 252 397 275 648 3560
339 Full-time Employees: Part-time Employees: 25 (*3 Pitts Center, 1 Recreation, 16 Library, 1 Customer Service, 1 Central Services,
3 Police Department, 0 Information Technology) -Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council
members.
Position Hired: Customer Service Supervisor; Customer Service Representative I (part-time); Police Officer
Position Terminated/Resigned/Retired: Key Accounts Representative; Administrative Assistant (part-time, IT); Police Cadet; Inspector I (Fire
Marshal)
Position Transferred/Promoted: Major to Chief of Police
Positions Posted: Gardener I (Public Works); Inspector I, (Fire Marshal’s office)
Recruitment Information
(Positions closed in May)
Position Total Female Male Unknown Black White Hispanic Asian/Pacific American Two Unknown In Out
Islander Indian/Alaskan or Dover Dover
Native More
Public Works 5 - 5 - 1 4 - - - - - 2 3
Inspector
Communications 129 52 73 4 30 87 1 - - 5 6 41 88
Operator
City Manager 21 5 16 - 4 10 1 - 2 - 4 4 17
Evidence Technician 43 19 21 3 12 23 1 1 - 3 3 17 26
Open or Currently Recruiting*
Open or Currently May June July August Sept Oct Nov Dec Jan Feb March April May
Recruiting 16 16 16 16 16 16 16 16 17 17 17 17 17
By Department
Electric 5 3 4 4 3 3 4 4 4 4 4 4 4
Public Works 10 12 11 13 11 5 6 6 5 5 6 6 6
Police 1 2 2 3 2 1 1.5 3 5.5 6 7.5 9.5 9
All Other 7 8 9.5 10 9 9 14 13.5 11.5 11.5 12 10 9.5
Departments
Totals 23 25 26.5 29 25 18 25.5 26.5 26 26.5 29.5 29.5 28.5
*Not used for Budgeting Purposes
The following has been updated to reflected the Fiscal 2016-17 Budget
Electric: Engineering Fieldman I, Lineman 2nd class, Meter Technician; Key Accounts
Public Works: Utility Maintenance Mechanic I; Lead Laborer (Grounds); Laborer II (Grounds); Public Works Inspector, Gardener I, Water/wastewater
Crew Leader
Police: (6) Cadet; LAN Analyst, (2) Police Officers, (2) Communication Operator; Evidence Technician
All Other Departments: City Manager, Director Planning & Inspections, (1) Customer Service Clerk I (Customer Service); (1) Field Service
Representative I (Customer Service-Meter Reading), LAN Analyst (Information Technology); Billing Supervisor (Customer Service); (1) Customer
Service Clerk I (part-time); Planner; (2) Library Clerk (part-time); Inspector I (Fire Marshal)
Page 217
HUMAN RESOURCES
(Continued)
Turnover Statistics
2010 2011 2012 2013 2014 2015 2016 2017
Total Turnover % 5.57 6.75 11.00 10.91 6.02 12.05 8.68 6.03
Termination Turnover % 0.27 1.08 0.29 1.47 .57 .28 .54 .55
Resignation Turnover % 2.12 4.05 5.21 5.01 2.29 7.56 6.24 3.02
Retirement Turnover % 3.18 1.62 5.50 4.42 3.15 4.20 1.90 2.74
2012 Healthcare cost sharing implemented
2013 Healthcare cost sharing implemented for DOE
2016 RIF in Economic Development
Average Employees
2010 2011 2012* 2013* 2014 2015 2016 2017
Total Number of Employees 21 25 38 37 21 42 32 22
Separating from Service
Average Number of Full-time 362 356 333 325 331 333 340 341
Employees
Average Number of Part-time 16 15 12 14 18 24 28 24
Employees
* Healthcare cost sharing implemented
Workers Compensation Cost CY 2017
Admin./CMO 16
Customer Service 2
Facilities 14
Grounds
Department
15
Planning/Inspections 2
Police 115
Police Civilian 10
Power Plant 8
Sanitation 8
Water/Wastewater 4
Total Cost (In thousands)
Total $194,000
Page 218
INFORMATION TECHNOLOGIES
Service Requests Resolved
80 74
63
58
60 55
52
49 49
44 42 44
41
38 36
40
20
0
May-16 Jun-16 Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17
Programming Requests Completed
40
29 27 29
30 24
23 22 21 22
18 18 20
20 16
13
10
0
May-16 Jun-16 Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17
Page Views - City of Dover Web Page
45,000
40,000
35,000
Pages Viewed
30,000
25,000
40,773
36,155
31,824
20,000
30,300 27,522 27,338
24,670 23,712 25,578 25,417 23,724
15,000
17,766 16,020
10,000
5,000
0
May-16 Jun-16 Jul-16 Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 Apr-17 May-17
Noteworty:
Attended several meetings regarding Community Support "donations".
Survived the "WannaCry" ransomware attack
Page 219
May 2017
Monthly Report
Highlighted Special Events & Attendance:
"In Harmony...." Concert Series 100
Games Unplugged (Teens) 66
Outreach to DAFB Elementary School 90
Total Items Checed Out: 30,377 Programs: Offered Attended
E-books: 2,448
Adult 40 597
New Library Cards: 288 Teens 30 172
Children 51 1,073
Library Card Holders: 40,557 Job Center 28 653
Service Area
Population: 59,354
Library Visitors: 27,306
Meeting Rooms Usage: 1,345
Computer Users: 4,004
Wireless Users: 1,874
Items Loaned to/Received
from Other Libraries: 6,515
Page 220
PUBLIC WORKS
Construction Inspection
Subdivisions Site Development
The following required inspection services The following required inspection services
Seskinore Court The Grande, Building 4
Chestnut Grove Chesapeake Utilities- Dover Campus
Clearview Meadows Eden Hill Medical Center
Eden Hill Reed Street Apartments
Nottingham Meadows Leander Lakes
Senators Lakes Eden Hill Commercial Center
Garrison Oak Technical Park Islamic Society of Central Delaware
Tall Pines
Sanitation
MAY 17 FYTD 17 MAY 16 FYTD 16
Trips to DSWA Sandtown Landfill 191 1,917 173 1,871
Total Tonnage to DSWA 1,150.57 10,761.93 1,032.48 10,634.79
90-Gallon Containers Delivered 74 761 44 616
300-Gallon Containers Delivered 0 0 0 0
Total Man Hours-containers Delivered 32 324 25 197
Page 221
Streets MAY 17 FYTD 17 MAY 16 FYTD 16
Signed Installed 2 336 31 92
Signs Repaired 14 134 9 98
Curbs Painted Yellow (feet) 17,250 27,642 2,658 16,656
New Post Installed 5 152 9 84
Storm Catch Basins Repaired 0 10 3 14
Storm Catch Basin Repairing (Hrs.) 0 20.5 3 72
Storm Catch Basins Cleaned 6 76 1 323
Storm Catch Basins Cleaning (Hrs.) 6 80 2 82
Hot Mix Patching (Tons) 1.20 4 7 31
Hot Mix Patching (Hrs.) 8 16 4 28
Cold Mix Patching Hrs.) 18.0 126.00 23 103
Concrete Work (Hrs) 13.0 76 15 91
Concrete Patching (Cubic Yards) 0.48 6.05 0.52 9
Ditch Work (Hrs). 0 16 0 28
Street and Alley Maintenance (Hrs) 23.0 109 0 88
Street Sweeping (Miles) 1,695 13,340 1,469 11,495
Street Sweeping (Cubic Yards) 117 855.5 105 945
Leaves Collected (Cubic Yards) 14.0 12,654 0.0 12,131
Leaf Collection (Miles) 50 508 0 7,848
GROUNDS
Work Orders
Total Work Orders = 17 General = 12 Arborist = 5
Arborist Crew May 2017 May 2016
Trees Trimmed 26 11
Trees Removed 8 2
Stumps Removed 6 2
Tree Plantings 4 0
Root Pruning 0 0
Beautification Crew
Transplanted plugs into pots
Pulled tulip bulbs
Planted hanging baskets
Prepped and planting flower beds.
Mowing Crews
Mowing, trimming, and edging designated mowing sites.
Pesticide application
Page 222
Athletic Field Maintenance
Prepping athletic fields for upcoming spring season.
Lining athletic fields
Filling, dragging, and prepping infields
Pesticide application
Litter Removal
Litter person has been doing an outstanding job with emptying trash cans and picking up litter.
GEOGRAPHIC INFORMATION SYSTEMS (GIS)
Other Created six 8.5"x11" MISS Utility Maps for the intersection of McKee Road and
Scarborough Road. Sent as PDFs to requester.
Public Works Created four 8.5"x11" maps of City Alleys. Sent as PDFs to requester.
Public Works Updated Easements layer.
Public Works Printed one copy of the 2013 "City Owned Properties Not On Mowing List" map. Created and
printed two similar maps for 2017.
Public Works Troubleshoot python script errors.
Public Works Finished creating eight 8.5"x11" maps of Public Works Projects. Revised based on edits from
requesters.
Public Works Updated the Parcels, Rentals, and Active AHIs layers.
Public Works Created a web app named Public Works View.
Public Works Created an address locator utilizing multiple data sources.
Public Works Monthly Recycling Customer Update.
FLEET AND FACILITIES MANAGEMENT
Fleet Maintenance
PM Work Orders Completed: 4 Number of Tire Repairs: 5 Number of Road Repairs: 12
Other Work Orders: 59 Repair Hours: 201.9 Road Repair Hours: 18.8
Total Work Orders: 63 Fabrication Hours: 22 Misc. Hours: 144.1
PM Hours: 18
# Of Scheduled PM’s:
# Of Scheduled PM’s: Completed:
Page 223
Major Program Updates
May May
MEASURE 2017 2016 DIFFERENCE
Fleet Maintenance -
Scheduled Preventative
1 out of 33 15 out of 33
Maintenance appointments - 42.42%
3.03 % 45.45 %
being kept (Quantity and
Percentage)
Facilities Maintenance
Facilities - Routine work orders
32 out of 32 28 out of 28
completed within 5 days 0%
100 % 100 %
(Quantity and Percentage)
Facilities - Emergency work
orders completed within 2 0 out of 0 5 out of 5
0%
days (Quantity and 100 % 100 %
Percentage)
Water/Wastewater Divisions
May 16 MAY 16 June 16 July 16 Aug 16 Oct 16 Sept 16
Total Water Prod. 146,101,000 159,483,000 172,331,000 204,088,000 203,656,000 173,574,000 176,510,000
Billed Consumpt. 125,105,000 141,806,000 147,393,000 181,484,000 179,460,000 159,687,000 184,214,000
Total Flow to County 161,418,000 129,035,000 129,309,000 129,725,000 158,799,000 169,995,000 125,583,000
City Readings 157,406,385 148,682,761 158,898,575 146,440,837 178,307,328 147,838,447 135,635,579
Nov 16 Dec 16 Jan 17 Feb 17 March 17 MAY 17 May 17
Total Water Prod. 122,328,000 132,009,000 139,873,000 126,731,000 153,874,000 142,087,000 171,797,000
Billed Consumpt. 133,279,000 114,760,000 114,760,000 150,473,000 120,373,000 127,958,000 127,958,009
Total Flow to County 114,255,000 114,682,000 141,147,600 115,346,000 120,431,000 123,927,000 170,213,000
City Readings 150,270,118 136,196,345 142,470,400 148,506,989 134,835,733 135,076,400 168,499,897
ENGINEERING SUMMARY
Major Program Updates MAY 17 MAY 16 DIFF FY17 YTD FY16 YTD
State and Federal Violations 0 0 0 0 0
Water Quality Complaints 2 9 - 7 114 97
Plan Review Completed
Within 30 days of Submission 13 9 +4 77 93
Page 224
OPERATIONAL SUMMARY
Task MAY 17 MAY 16 CURRENT FY
Water Production - Daily Average 5,541,839 4,712,935 1,746,527,000
Average Field Response Time (goal is <30 minutes) 17.50 16.16 16.86
Water Mains Repaired 1 2 17
Water Service Lines Repaired 1 1 16
Wastewater Mains Repaired 0 1 4
Wastewater Service Lines Repaired 0 0 5
Sewer Lines Flushed - linear feet 87,511 110,856 552,807
Sewer Mains Videoed -linear feet 0 734 15,344
Total Fire Hydrants in Service 1,839 1,820 1,839
Total Water Meters in City Distribution System 14,600 14,436 14,600
Page 225
Monthly Management Committee Update
May 2017
Prepared By:
Arline Holloway
Client Services Manager
Phone: 904-360-1347
Email: aholloway@teainc.org
Date:
June 27, 2017
301 W. Bay Street, Suite 2600 Jacksonville, FL 32202 Tel: 904.356.3900 Toll-Free: 800.423.4800
Page 226
Monthly Management Committee Update
May 2017
Table of Contents
I. Executive Summary 1
Power Supply Summary 1
Supply Source Summary 2
Supply Variance 2
Generation Summary 3
Emissions Summary 5
Risk Management Summary 9
II. Budget Report 10
III. Operations Management 13
Operations Summary 13
Appendix: PJM Invoice 32
June 27, 2017 Page ii
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Monthly Management Committee Update
May 2017
I. EXECUTIVE SUMMARY
POWER SUPPLY SUMMARY
Overall Power Supply costs were $457,944 below budget, predominantly driven by lower PJM-Energy,
Congestion and Losses and PJM-ARR Transmission and Fees. PJM Energy, Congestion and Losses charges
were $527,937.
Dover’s budgeted cost for all power supply (capacity AND energy) was $67.07/MWh. The actual cost of all
power supply (capacity AND energy) was $61.30/MWh.
The actual cost of energy alone was $38.54/MWh as opposed to a budgeted energy cost of $39.70.
Dover’s total load was 59,052 MWh versus a forecasted load of 60,800 MWh. Hedge purchases totaled
37,704 MWh, which was 64% of the actual load.
Dover’s planned energy purchase from the SunPark solar installation was 1,927 MWhs. Dover’s actual
energy purchase from the SunPark installation was 1,790 MWhs.
Purchases from PJM (energy and fees) totaled $1,769,307. PJM Revenue (Generation Credits) totaled
$769,497. The Grand Total owed to PJM for the month of May $999,810.
June 27, 2017 Page 1
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Monthly Management Committee Update
May 2017
Supply Source Summary
Supply Variance
Purchased Power Variance Report: May
Budget Actual Variance
Gross Load 60,800 59,052 1,748
Wholesale Load 58,873 57,262 1,611
Hedged Volume (MWh) 30,844 37,704 (6,860)
Unhedged Volume (MWh) 28,029 19,558 8,471
Dover SunPark Volume (MWh) 1,927 1,790 137
Renewable Energy Credits Volume 289 250 39
Hedged Cost ($/MWh) $ 41.66 $ 40.12 $ 1.55
Unhedged Energy Cost ($/MWh) $31.32 $26.99 $4.32
Solar Energy Cost ($/MWh) $130.15 $131.33 ($1.18)
Energy Costs ($/MWh) $39.70 $38.54 $1.16
All-in Costs - Energy, Capacity and RECs ($/MWh) $67.07 $61.30 $5.77
June 27, 2017 Page 2
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Monthly Management Committee Update
May 2017
GENERATION SUMMARY
Generation Revenue FY2016-17
$400,000
$350,000
$300,000
$250,000
$200,000
$150,000
$100,000
$50,000
$-
Jul-16 Apr-17 Jun-17
Aug-16 Sep-16 Oct-16 Nov-16 Dec-16 Jan-17 Feb-17 Mar-17 May-17
Budget Actual
Net All Generation Revenue for the month of May was $350,776 versus a budgeted revenue of $204,733.
June 27, 2017 Page 3
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Monthly Management Committee Update
May 2017
Generation Breakdown:
City of Dover
Monthly Wholesale Generation Formula
May 2017
Net Generation
696.56 D
Production Margin
PJM - Generation
Economic and Reliability Dispatch $ 57,931.05 A
Natural Gas & Oil Consumption
Purchases for Generation $ (23,138.00)
Natural Gas Transport $ (5,345.82)
Eastern Shore Cashout $ (5,515.26)
Oil Consumption $ -
Subtotal: Natural Gas & Oil Consumption $ (33,999.08) B
Gross Production Margin $ 23,931.97 C = (A + B)
$/MWh Generation Production Gross Margin $ 34.36 E = (C/D)
PJM - Capacity
Generation Capacity Credit $ 632,737.28
Reactive Supply and Transmission Losses $ 78,829.33
Subtotal: PJM - Capacity $ 711,566.61 F
All in Generation Margin
All in Generation Margin Total $ 735,498.58 (G = C + F)
June 27, 2017 Page 4
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Monthly Management Committee Update
May 2017
EMISSIONS SUMMARY
Emissions Allowance and Solar Renewable Energy Summary through May 31, 2017
The reinstated Cross-State Air Pollution Rule (CSAPR) replaced the Clean Air Interstate Rule (CAIR) beginning
January 1, 2015. The State of Delaware was included in the CAIR footprint but is not included in the CSAPR
footprint.
The separate Clean Air Act acid rain deposition control program (CAA Title IV) which governs SO2 national
allowance trading program remains in effect for Dover. Beginning with the January 2015 report, TEA no
longer includes a CAIR summary. It will continue to report on Dover’s Clean Air Act Title IV SO2 allowances.
Market liquidity for Title IV SO2 allowances is very low, with few transactions occurring. The following table
shows estimated values for Dover’s banked allowances, based on a market price assessment published by
SNL Energy.
Market Value for Clean Air Act Title IV Allowances
Commodity $/Ton1 Tons Market Value
SO2 Allowances – Title IV $0.50 15,902 $7,951
Total $7,951
Regional Greenhouse Gas Initiative
The State of Delaware is a participant in the Regional Greenhouse Gas Initiative (RGGI). The City of Dover
must comply with RGGI by surrendering carbon dioxide (CO2) allowances pursuant to the State of Delaware’s
laws (Title 7, Chapter 60, Sub-Title II-A).
Dover had more than a sufficient number of RGGI allowances allocated to it to cover its requirements
through the first compliance period (calendar years 2009-2011) and second compliance period (2012 –
2014). Any unused allowances are carried over (“banked”) for subsequent years. The table below includes
Dover’s historical activities, and includes projections through 2020. Two projections are presented: (1)
future annual emissions based on the average for 2009 – 2015, and (2) future annual emissions based on
2010 actual CO2 emissions which was the highest emissions year between 2009 and 2015.
The table and chart indicate that Dover could run out of banked allowances as early as the end of 2018
under the high emissions scenario and by the end of 2020 under the average scenario. Therefore, Dover
has initiated a program to participate in RGGI’s quarterly auctions to ensure it has adequate allowances in
the future.
1 June 21, 2017 Daily Power Report by SNL Energy
June 27, 2017 Page 5
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Monthly Management Committee Update
May 2017
Dover, DE RGGI Allowance History and Forecast - May 2017
CO2 Tons
CO2 EOY Historical CO2 Tons CO2 Tons Projected EOY Projected EOY
Compliance CO2 Allowances Allocated CO2 Emitted &
Allowances Allowance Emitted - Proj. Emitted - Proj. Balance (5-Yr Balance (5-Yr
Year (CY) Purchased Allowances Adjustments-
S old Balance (5-Yr Avg) (5-Yr High) Ave) High)
Historical
2009 0 62,184 5,796 56,388
2010 0 49,747 32,971 73,164
2011 0 37,311 17,746 92,729
2012 0 27,983 15,957 104,755
2013 0 24,818 10,230 119,343
2014 0 1,000 N/A 25,426 94,917
2015 0 14,000 N/A 18,828 84,070
2016 0 16,000 N/A 25,134 85,503
2017 0 8,000 N/A 73 95,502 19,115 25,426 76,388 70,076
2018 0 N/A 19,115 25,426 57,273 44,650
2019 0 N/A 19,115 25,426 38,158 19,224
2020 0 N/A 19,115 25,426 19,043 -6,202
Subject to verification to NAES report
Does not include the June auction purchase of 2,000 allowances
Dover RGGI Allowance History and Projection
May 31, 2017
150,000
Includes the 8,000 allowances
awarded in this year's Auction 35
100,000
Tons of CO2
50,000
0
-50,000
-100,000
Historical CO2 Emissions Projected CO2 Emissions - Avg CO2 Tons Emitted - Proj. (5-Yr High)
EOY Historical Allowance Balance Projected EOY Balance (5-Yr Ave) Projected EOY Balance (5-Yr High)
June 27, 2017 Page 6
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Monthly Management Committee Update
May 2017
In anticipation of needing additional RGGI allowances in the future, Dover has participated the nine out of
the last eleven auctions and plans to continue to participate as required. The table below shows details for
Dover’s allowance purchases for each of these previous Auctions.
Dover's RGGI Allowance Purchase History
RGGI Auction Auction Clearing Price Quantity of Allowances
Number Auction Date ($/Ton) Awarded Total Cost
26 Dec 3, 2014 $5.21 1,000 $5,210
27 Ma r 11, 2015 $5.41 6,000 $32,460
28 Jun 3, 2015 $5.50 4,000 $22,000
29 Sep 3, 2015 $6.02 4,000 $24,080
30 Dec 2, 2015 $7.50 0 $0
31 Ma r 9, 2016 $5.25 8,000 $42,000
32 Jun 1, 2016 $4.53 6,000 $27,180
33 Sept 7, 2016 $4.54 2,000 $9,080
34 Dec 7, 2016 $3.55 0 $0
35 Ma r 8, 2017 $3.00 8,000 $24,000
36 Jun 7, 2017 $2.53 2,000 $5,060
Total s 41,000 $191,070
RGGI prices hovered near the 2017 lows during the lead up to Auction 36, but they have since rebounded
following the early June auction and are now trading back above $3.00 for the first time in two months. The
clearing price for Auction 36 was $2.53, down 47 cents, or nearly 16%, from the March auction $3.00 clearing
price. This was the lowest auction clearing price since December 2012, $1.93, and it was down 66% from
the record high $7.50 auction clearing price from December 2015. The decline in prices is largely attributed
to the uncertainty regarding the future structure of the RGGI program beyond 2020 and the uncertain status
of the EPA’s Clean Power Plan. The next RGGI Stakeholder Meeting is scheduled for June 27, 2017.
June 27, 2017 Page 7
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Monthly Management Committee Update
May 2017
RGGI Futures - June 21, 2017
3.70
3.60
3.50
RGGI V13
3.40
$/Ton
RGGI V14
3.30
RGGI V15
3.20 RGGI V16
3.10 RGGI V17
3.00 RGGI V18
2.90 RGGI V19
Based on the June 21, 2017 ICE price of $3.16/ton for the June 2017 futures contract, the estimated market
value of Dover’s existing 95,5022 ton RGGI allowance bank is $301,786.
Renewable Energy Certificates
Dover owns two photovoltaic systems totaling 15 kW, consisting of one 5 kW unit at the Utilities
Administration Building and two 5 kW units at the McKee Run generating station. Dover also receives solar
energy produced by the 10 MW Dover Sun Park which is owned by White Oak Solar Energy, LLC. In addition
to all of the physical energy produced by the Sun Park, Dover receives 15% of Sun Park’s Solar Renewable
Energy Credits (SRECS).
Dover participates in the Delaware Municipal Electric Renewable Portfolio Standard (DMERPS) for
compliance with the State of Delaware’s RPS laws applicable to municipal utilities. The first compliance
period under DMERPS was for the 12 months ending May 2014 and the second compliance period was for
the 12 months ending May 2015.
Through the end of generation month April 2017, Dover had accumulated a net total of 7,981 SRECs from
these renewable energy resources. This total includes SRECs reported in PJM’s GATS account and Bonus
allowances for Sun Park labor. This total was reduced by 2,941 SREC transferred to DEMEC for surrender
on October 3, 2014 for the first compliance period, 2,861 SRECs and 574 bonus SRECs for the second
compliance period on November 9, 2015, and 2,093 SRECs and 207 bonus SRECs for the third compliance
period on November 22, 2016.
2 Subject to verification from RGGI COATS account.
3 Note: Retroactive Bonus Allowances were not transferred within PJM’s GATS system, but were used to offset 2014/2015
compliance obligation.
June 27, 2017 Page 8
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Monthly Management Committee Update
May 2017
Delaware periodically holds SRECs auctions; however, these auctions are for size tiers N1 – N3, E1 and E2.
The Dover Sun Park is in the N4 tier for large-scale facilities. State-wide carve outs for Tier 4 have been fully
subscribed, so there is not a market for tier T4 SRECs in Delaware.
The nearest viable market for Dover’s SRECs is Pennsylvania. The most recent pricing data for Pennsylvania
SRECs from Karbone and Bloomberg are used in the table below.
Net SREC
PJM-GATS
10% Bonus Balance
Market Balance
SREC Vintage SRECs for Transferred to DEMEC After Market
Clearing Before
(June 1 – May 31) Sun Park for 2014/15 Transfer Value
Price 2014/15
Labor(3) Compliance and
Compliance
Surrender
GATs Bonus
2011/2012 $0.00 0 290.2 290.2 0 $0
2012/2013 $0.00 2,173 215.7 2,173 215.7 0 $0
2013/2014 $0.00 2,701 268 2701 268 0.0 0
2014/2015 $5.00 2,685 266.3 80 7.1 2,864.2 14,321
2015/2016 $5.00 2,586 168 0 0 2,754.0 13,770
2016/2017 $5.50 2,363 0 0 0 2,363.0 12,997
Totals 12,508 1,208.20 4,954 781 7,981.2 $41,088
TEA continues to recommend to Dover to retain these allowances for compliance with its Renewable
Portfolio Standard (RPS). Additionally, Dover will need to acquire additional SRECs resources in future years.
It is apparent that Dover’s portion of SRECs produced by White Oak Solar Energy Center will not be sufficient
future years as the compliance requirements increase. DEMEC has indicated that it expects to have excess
SRECs available for Dover’s compliance requirements. This and other alternatives will need to be evaluated
in the near future.
RISK MANAGEMENT SUMMARY
Forward prices have decreased month over month.
June 27, 2017 Page 9
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Monthly Management Committee Update
May 2017
II. BUDGET REPORT
Budget Actual Variance
May May
Gross Load 60,800 59,052 1,748
Power Supply
Hedged Energy $ 1,285,100 $1,512,617 $ (227,517)
PJM - Energy, Congestion & Losses $ 877,800 $527,937 $349,863
PJM - ARR, Transmission and Fees $ 633,650 347,964 $285,686
Dover SUN Park Energy $ 250,800 $235,109 $15,691
Dover SUN Park RECs $ 41,800 $33,273 $8,528
RECS (Solar and Non-Solar) $ 56,100 $0 $56,100
RGGI Credit Costs $ - $0 $0
Management Fees $ 69,583 $69,583 $0
PJM - Capacity UCAP Obligated Purchased $ 863,000 $893,406 ($30,406)
Subtotal - Power Supply 4,077,833 $3,619,889 $457,944
Power Generation O&M
Plant O&M $ 451,825 $ 384,723 $ 67,102
Subtotal Generation O&M 451,825 $ 384,723 $ 67,102
Power Generation Production Margin
PJM - Economic and reliability dispatch $ (600) ($57,931) $57,331
Fuel Costs - Natural Gas $ 200 $33,999 ($33,799)
Fuel Costs - Oil $ - $0 $0
Testing Costs $ 5,542 $0 $5,542
Subtotal Generation Production Margin 5,142 ($23,932) $ 29,074
Power Generation Non-Production Revenue
PJM - Generation Capacity Credit $ (631,700) ($632,737) $1,037
Emissions Allowance Sales $ - $0 $0
Reactive Supply - Gas $ (30,000) ($78,829) $48,829
Subtotal - Non-Production Revenue (661,700) ($711,567) $49,867
SubTotal - All Generation $ (204,733) ($350,776) $ 146,042
Total - Utilities Cost $3,873,100 $3,269,114 $603,986
Unit Costs
Total - Power Supply $67.07 $ 61.30 $5.77
Total - Power Generation ($3.37) ($5.94) $2.57
Final Cost of Service to City of Dover Ratepayers $63.70 $55.36 $8.34
June 27, 2017 Page 10
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Monthly Management Committee Update
May 2017
May Variance Analysis
Power Supply
o Dover consumed 1,748 MWh less than forecasted for the month.
o Dover saw an unfavorable variance for budgeted Hedged Energy of $227,517.
o Dover experienced a favorable variance for budgeted PJM - Energy, Congestion & Losses of
$349,863 and a favorable variance for PJM ARR, Transmission and Fees of $285,686.
o Dover Sun Park generated 137 MWhs less than forecasted.
o The City of Dover realized a favorable variance of $457,944 for power supply vs. the monthly
budget.
o This resulted in a net power supply cost positive budget variance of $5.77/MWh below
budget.
Generation
o Non Production Revenue had a favorable variance of $49,867.
o Net All Generation Revenue had a favorable variance of $146,042.
June 27, 2017 Page 11
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Budget Actual Variance
YTD YTD
Gross Load 691,000 702,636 (11,636)
Power Supply
Hedged Energy $ 15,295,000 $18,686,610 $ (3,391,610)
PJM - Energy, Congestion & Losses $ 11,036,000 $4,717,876 $6,318,124
PJM - ARR, Transmission and Fees $ 6,970,200 5,116,369 $1,853,831
Dover SUN Park Energy $ 2,010,600 $2,105,829 ($95,229)
Dover SUN Park RECs $ 325,000 $311,493 $13,507
RECS (Solar and Non-Solar) $ 617,100 $504,900 $112,200
RGGI Credit Costs $ 96,975 $9,080 $87,895
Management Fees $ 765,413 $765,413 $0
PJM - Capacity UCAP Obligated Purchased $ 9,325,700 $9,653,658 ($327,958)
Subtotal - Power Supply 46,441,988 $41,871,226 $4,570,762
Power Generation O&M
Plant O&M $ 5,935,975 $ 5,249,000 $ 686,975
Subtotal Generation O&M 5,935,975 $ 5,249,000 $ 686,975
Power Generation Production Margin
PJM - Economic and reliability dispatch $ (781,011) ($1,423,904) $642,893
Fuel Costs - Natural Gas $ 295,821 $1,289,621 ($993,800)
Fuel Costs - Oil $ - $1,123 ($1,123)
Testing Costs $ 60,958 $0 $60,958
Subtotal Generation Production Margin (424,231) ($133,160) $ (291,071)
Power Generation Non-Production Revenue
PJM - Generation Capacity Credit $ (6,826,400) ($6,837,645) $11,245
Emissions Allowance Sales $ - $0 $0
Reactive Supply - Gas $ (330,000) ($615,521) $285,521
Subtotal - Non-Production Revenue (7,156,400) ($7,453,166) $296,766
SubTotal - All Generation $ (1,644,656) ($2,337,326) $ 692,670
Total - Utilities Cost $44,797,332 $39,533,900 $5,263,432
Unit Costs
Total - Power Supply $67.21 $ 59.59 $7.62
Total - Power Generation ($2.38) ($3.33) $0.95
Final Cost of Service to City of Dover Ratepayers $64.83 $56.27 $8.56
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III. OPERATIONS MANAGEMENT
OPERATIONS SUMMARY
Executive Summary:
During the month of May, there were no recordable accidents, lost time accidents or environmental
incidents. The facility has gone 870 days through May 31, 2017 without a Lost Time Accident (LTI) and 776
days since the April 16, 2015 recordable accident. There were five (5) Near Misses reported in May 2017 at
McKee Run and VanSant Generating Stations. One (1) Near Miss was reported at VanSant when an Auxiliary
Operator reported a 69KV power line outside of Vansant’s perimeter fence arcing. The Control Room
Operator (CRO) called City of Dover operator and reported the incident. COD dispatched proper crew to fix
the power line. A second Near Miss was reported at VanSant when an operator found the AED battery pack
working properly but the AED battery pack was beyond the manufacturer’s expiration date. A new pack
was ordered and installed shortly afterward. A third Near Miss was reported at McKee Run when on shift
Operators were planning and discussing the LOTO removal. The Group LOTO Sign-on Sheet wasn’t properly
filled out to remove the LOTO. A fourth Near Miss was reported when an Operations Supervisor noticed a
LOTO tag-out occurred without the proper procedure review and signature. A fifth Near Miss was reported
after a CRO debriefed his crew on daily duties and his chair broke causing the CRO to fall to the ground. The
chair was thrown in the metal recycling roll-off container and a new one was purchased.
The McKee Run Unit 3 and VanSant Unit 11 completed one start-up each for PJM during the month of May.
During the scheduled run on Unit 3 the boiler was discovered to have a tube leak. The Unit was de-rated to
44mw’s and remained on-line to the scheduled shut-down time. The Unit entered a maintenance outage
on Monday for boiler inspection and repairs. The Operations Team completed one boiler hydro test on Unit
3 to verify the tube repair was completed and the Unit was made available to PJM. The VanSant starting
diesel was exercised three times during the month with no issues to report.
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Monthly Budget Variance - The actual expenses for the month of May are $384,723 against a budgeted
amount of $471,515 for a favorable variance of $86,792 or 18.41%. The variance was due to the following:
PERSONNEL EXPENSES – A favorable monthly variance of $48,156 was due the change in
employee staffing assignments and lower than anticipated increase in labor costs. As a
result, this impacted three (3) labor accounts – Straight Time, Overtime, and Labor
Burdens.
MATERIALS AND SUPPLIES EXPENSES – A favorable monthly variance of $16,709 was due
to not completing elevator inspections as planned.
ADMINISTRATIVE EXPENSES – A favorable monthly variance of $21,927 was primarily due
to the timing of the billing for the borescope inspection that was completed earlier than
anticipated. A portion of this favorable variance was offset by higher than budgeted
electricity costs.
The RGGI COATS table has been updated to reflect the information as it is currently in the RGGI
system. Upon investigation there were found to be discrepancies between EDR submitted data and RGGI
data. NAES will work with the our ESS team to discuss with RGGI on how these discrepancies can be
handled. This will take a collective effort from NAES, TEA, and COD. Further updates will be distributed
when possible.
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NAES Corporation
Dover, Delaware
May 2017 Monthly Report
This Report Prepared by the Staff and Management of NAES Corp.
3
Structural Preservation has made the VanSant Cooling Tower
ready for Summer Operations!
Cover picture: NAES staff completed various painting projects, including the VanSant Cooling Tower. Shown above, the before and after picture
indicate the impressive change and transformation. Plant preservation continues throughout the facility thanks to the dedicated Plant Staff.
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Table of Contents
1.0 Environmental, Health and Safety
2.0 Financials
3.0 Operations
4.0 Maintenance
5.0 Capital Improvement Projects (CIP)
6.0 General Plant Information
7.0 Training
8.0 Calendar of Upcoming Events
9.0 “Value Added” Accomplishments
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1.0 Environmental, Health and Safety
During the month of May, there were no recordable accidents, lost time accidents or environmental
incidents. The facility has gone 870 days through May 31, 2017 without a Lost Time Accident (LTI) and 776
days since the April 16, 2015 recordable accident.
There were five (5) Near Misses reported in May 2017 at McKee Run and VanSant Generating Stations.
One (1) Near Miss was reported at VanSant when an Auxiliary Operator reported a 69KV power line
outside of Vansant’s perimeter fence arcing. The Control Room Operator (CRO) called City of Dover
operator and reported the incident. COD dispatched proper crew to fix the power line. A second Near Miss
as reported at VanSant when an operator found the AED battery pack working properly but the AED
battery pack was beyond the manufacturer’s expiration date. A new pack was ordered and installed
shortly afterward. A third Near Miss was reported at McKee Run when on shift Operators were planning
and discussing the LOTO removal. The Group LOTO Sign-on Sheet wasn’t properly filled out to remove the
LOTO. A fourth Near Miss was reported when an Operations Supervisor noticed a LOTO tag-out occurred
without the proper procedure review and signature. A fifth Near Miss was reported after a CRO debriefed
his crew on daily duties and his chair broke causing the CRO to fall to the ground. The chair was thrown in
the metal recycling roll-off container and a new one was purchased.
During the month of May, McKee Run discharged industrial wastewater to the Kent County Department of
Public Works sewer treatment plant. The discharge volume was below the daily allowable flow limit and a
representative sample was collected. The sample was sent to a certified laboratory for analysis. Based on
the laboratory analytical data and the loading calculations, McKee Run was below the discharge
limitations of the permit. As required by the permit, the City of Dover submitted the Significant Industrial
User (SIU) Monthly Monitoring Report.
The City of Dover (COD) submitted the monthly electronic NPDES Discharge Monitoring Report (e-DMR) to
DNREC which indicated McKee Run did not collect storm water sample results from all outfalls. McKee Run
is required to sample semi-annually.
On May 19, 2017, the VanSant Unit 11 was dispatched in the real time by PJM. Shortly after start-up, an
alarm indicating that the water injection system was not operating properly sounded. There was no water
flow to the injection system. Maintenance staff quickly began to troubleshoot the problem to resume
water flow to the water injection system. Eventually, they discovered the water flow meters were not
working properly. The maintenance staff set-up the spare water meter and restarted the water injection
system. Due to the fact that operational permissive are not met when the unit is shut down, the unit was
required to stay on for troubleshooting purposes. The whole process of troubleshooting and repair lasted
approximately 1.5 hours.
On May 23, 2017, the City of Dover sent a non-certified initial notification letter to DNREC within the
required 2-day time period claiming affirmative defense of malfunctioning water injection system under
the Title V permit AQM-001/00076. A subsequent certified letter was sent by City of Dover to DNREC on
May 25, 2017 within the 10-day time period indicating that a possible deviation occurred and that
additional will be reviewed to confirm a possible deviation. On June 13, 2017, the final 30-day report was
submitted by City of Dover to DNREC indicating that a deviation occurred because “the water injection
system shall be operating at all times that electrical power generation is being produced”. At the time of
this report, no response has been received by DNREC.
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All staff read and acknowledged a refresher training module that described the chemicals and wastes
which are handled at both McKee Run and VanSant. This is required as part of hazardous communication
and waste regulations.
1.1 Environmental, Health and Safety Tables
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4
*Information included in the table came directly from past EDR submitted to EPA. Information provided in the table is inconsistent
with information shown in the RGGI account balances.
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1.2 Title V Air Permit Fuel Operation Compliance
McKee Run Generating Station: The Title V Permit dictates that natural gas is the primary fuel source
for the unit operations and stipulates that by April 16, 2015, the boiler shall not combust oil for more
than 10.0% of the average annual heat value (MMBtu) input during any 3 calendar years or no for
more than 15% of the annual heat rate during any single calendar year. The tables below track fuel
combustion operations to ensure compliance with the respective MRGS Title V permits are
maintained. Up to 48 hours can be used for valid “testing” purposes and gas curtailments are an
allowable exception to the rule. The plant is communicating with Eastern Shore to obtain any required
written confirmation of NG outages for compliance purposes. We are determining how many
operating hours were done for “testing” which will also reduce the required natural gas to combust to
be in compliance for Unit 3.
Van Sant Station: The Title V Air permit restrictions with regards to operations, is limited to 70,080
MW-hr. per calendar year with a rolling average of 35,040 MW-hr. over the previous 3 calendar years.
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2.0 Financials
Monthly and year to date financial results as compared with the approved power plant budget for the
Generation Units are provided below.
2.1 Variance analysis:
The actual expenses for the month of May are $384,723 against a budgeted amount of $471,515
for a favorable variance of $86,792 or 18.41%. The variance was due to the following:
PERSONNEL EXPENSES – A favorable monthly variance of $48,156 was due the change in
employee staffing assignments and lower than anticipated increase in labor costs. As a result, this
impacted three (3) labor accounts – Straight Time, Overtime, and Labor Burdens.
MATERIALS AND SUPPLIES EXPENSES – A favorable monthly variance of $16,709 was due to not
completing elevator inspections as planned.
ADMINISTRATIVE EXPENSES – A favorable monthly variance of $21,927 was primarily due to the
timing of the billing for the borescope inspection that was completed earlier than anticipated. A
portion of this favorable variance was offset by higher than budgeted electricity costs.
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3.0 Operations
Unit Operations / Outages / Trips: The McKee Run Unit 3 and VanSant Unit 11 completed one start-up
each for PJM during the month of May. During the scheduled run on Unit 3 the boiler was discovered to
have a tube leak. The Unit was de-rated to 44mw’s and remained on-line to the scheduled shut-down
time. The Unit entered a maintenance outage on Monday for boiler inspection and repairs. The
Operations Team completed one boiler hydro test on Unit 3 to verify the tube repair was completed and
the Unit was made available to PJM. The VanSant starting diesel was exercised three times during the
month with no issues to report.
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5
3.1 Team Report:
The Operations Department continues to utilize the on duty Day Shift Team to support
plant operations, general maintenance of the plant and support the maintenance
department by successfully completing Preventative Maintenance (PM) work orders and
other plant related PM tasks.
The Operations Team completed GPI Learning courses for the month of May. GPI online
training will be utilized monthly to complete NAES SMP (Safety & Environmental)
Training. The Operations Team will review the plant’s safety and environmental
permits/policies/manuals and complete a final test for knowledge and familiarity with the
subject material.
4.0 Maintenance
During the month of May, the Plant Maintenance staff continues to address the backlog of work orders,
preventative maintenance (PM’s) and new work orders received during the month. Back logged Work
Orders are work orders that have been open for greater than thirty days. There were 113 new work orders
issued with 100 work orders being completed, and 53 of the back logged work orders completed during
the month. There were 2 new Safety Work Orders entered into the plant’s Computerized Maintenance
Management System (MP2) for the McKee Run site during the month. These safety work orders were
completed during the month. The table below summarizes the monthly work order activities based on
MP2 work order records and will continue to improve with time. This table gives a representation of
identified outstanding work; Preventative Maintenance tasks completion and remaining corrective work
and back logged work orders that require attention.
5 *Hot Gas Path inspection
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Notable activities during the month include:
A tube leak was discovered on the northwest corner on the ground floor of Unit 3 boiler. The maintenance
staff removed the lagging from the boiler after the unit had shut down to determine where the leak was
located. The leak was found on the second tube from the corner of the boiler. APEX Piping made the
repairs to the boiler by removing a section of boiler tube and installing a new boiler tube in the place of
the old one. The Operation staff completed an operating pressure hydro of the boiler. There were no leaks
discovered inside or outside of the boiler.
EIA 860 and EIA 923 annual reports were entered into the US Energy Information Administration’s
electronic system prior to their due dates.
The daily generation data power meter report system was offline for approximately 5 days during the
month. This problem caused the control room operator to manually input hourly system data into
reporting spreadsheets until the problem could be investigated and addressed by the meter vendor. The
problem was fixed by the vendor and automatic reporting capabilities were restored.
Forest Fence was contracted to remove and replace the fence on the east, north side of the facility and
around the buss yard. Miss Utility was contacted to locate underground lines. A temporary fence was
installed before any of the old fence was removed. The NAES IC&E staff removed and replaced all of the
grounding on the fence for the buss yard. Once all this was completed the old fence was removed and the
new fence was installed. New gates were installed and adjusted for proper operation.
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The Maintenance staff started the prepping and then painting the structure of the gas turbine at VanSant.
The structures were cleaned and rust removed from areas on the turbine. The surfaces of the structures
were then painted with a coat of primer. The finish coat was painted on. The structures were painted with
a machine gray color. This work enhanced the facility look and preserves the structures.
A concern was brought to the attention of the safety committee about the entering and exiting the shop
trucks. The trucks are 3/4 ton trucks and the height of the trucks is taller than a normal 1/2-ton truck. It
was suggested that running boards be installed on the trucks for the safety of the employees entering and
exiting the vehicles. The running boards were purchased and installed. The running boards do make it
safer for employees entering and exiting the vehicles.
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5.0 Capital Improvement Projects (CIP)
This month’s report for CIP project planned and budgeted for the current budget year 2016/2017 with the
status to date for the project.
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6.0 General Plant Information
Operations Supervisor Lawrence Sheranko attended the 2017 O&M Conference in San Antonio, Texas.
This conference was help from May 15 through May 18, 2017. This conference gives an opportunity to
learn valuable O&M skills and provides networking capabilities with other facilities within the fleet and
around the country.
Maintenance Mechanic Eric Carrow had his 15-year Plant anniversary as of May 13, 2017. During his time
with McKee Run, Eric worked his way up to Senior Operator before transitioning to Maintenance
Mechanic in 2016. His broad knowledge of Operations and Maintenance make him an invaluable team
member, and we are pleased he continues to share his knowledge and professionalism.
Five (5) Near Misses were reported this month and a total of fourteen (14) have been reported since the
start of the fiscal calendar.
7.0 Training
The May Safety Committee meeting topic “Proper Use of Propane Grill During Summer Months” was
reviewed and discussed in Team meetings and by the entire staff. All staff read and acknowledged a
refresher training module that described the chemicals and wastes which are handled at both McKee Run
and VanSant. This is required as part of hazardous communication and waste regulations.
Operations Staff has been busy completing PJM required NERC training and OES-NA certified NERC
Training for PJM CEH’s.
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8.0 Calendar of Upcoming Events
A forecast of general event dates for the power plant projects, outages and various agency reporting dates
are listed below.
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9.0 “Value Added” Accomplishments during May
During the month the power plant staff accomplished the normal preventative and corrective
maintenance for the generation units. We are responsible for maintaining and protecting the City of Dover
power generation assets, and keeping them “available”, for dispatch when called.
Listed below are some of the work accomplishments that have been completed this past month that NAES
feels added value to the generation assets, protected them from deterioration or inoperability, and overall
increased their life expectancy through improved equipment maintenance practices which include
preventative and predictive maintenance tasks (see Section 4 - Maintenance Work Orders) for the City of
Dover units.
The Operations Teams continues painting the outside hand rails. The plan is to
gradually improve the plant appearance and equipment for both generation sites over
the course of the next couple of years.
The Operations and IC&E Team completed a successful natural gas purge of Units
one and two natural gas piping systems for decommissioning work required by
DNREC.
The Operations Team has been installing fencing privacy slats on the east side of the
plant. Utilizing the NAES staff for this project is a cost savings to NAES and the client,
City of Dover.
The Maintenance staff started the structure preservation at The VanSant Generating
Station. The structures have been cleaned and painting has begun. The pictures
below are just some of the improvements that have been made during the month.
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APPENDIX: PJM INVOICE
REPORT NAME: Monthly Billing Statement - CSV and XML
CUSTOMER
ACCOUNT: City of Dover, Delaware
CUSTOMER
CODE: DOVDE
CUSTOMER ID: 76.000000
FINAL BILLING
STATEMENT
ISSUED: 6/7/2017 9:06
BILLING PERIOD
START DATE: 5/1/2017
BILLING PERIOD
END DATE: 5/31/2017
INVOICE
NUMBER: 2017053100076.000000
INVOICE DUE
DATE: 6/16/2017 12:00
SOURCE BILLING PERIOD
CHARGES ADJ BILLING LINE ITEM NAME START AMOUNT ($)
1100.000000 Network Integration Transmission Service 416352.630000
1108.000000 Transmission Enhancement 73063.210000
1130.000000 Firm Point-to-Point Transmission Service 0.000000
1140.000000 Non-Firm Point-to-Point Transmission Service 0.000000
1200.000000 Day-ahead Spot Market Energy 567416.050000
1205.000000 Balancing Spot Market Energy 11051.450000
1210.000000 Day-ahead Transmission Congestion -86203.960000
1215.000000 Balancing Transmission Congestion 3003.450000
1220.000000 Day-ahead Transmission Losses -29623.460000
1225.000000 Balancing Transmission Losses -934.680000
1230.000000 Inadvertent Interchange 1025.590000
1242.000000 Day-Ahead Load Response Charge Allocation 43.850000
1243.000000 Real-Time Load Response Charge Allocation 38.160000
1250.000000 Meter Error Correction -3742.920000
PJM Scheduling, System Control and Dispatch
1301.000000 Service - Control Area Administration 12217.620000
PJM Scheduling, System Control and Dispatch
1302.000000 Service - FTR Administration 0.000000
PJM Scheduling, System Control and Dispatch
1303.000000 Service - Market Support 2867.620000
PJM Scheduling, System Control and Dispatch
1304.000000 Service - Regulation Market Administration 104.000000
PJM Scheduling, System Control and Dispatch
1305.000000 Service - Capacity Resource/Obligation Mgmt. 1183.580000
PJM Scheduling, System Control and Dispatch
1307.000000 Service - Market Support Offset -206.080000
1313.000000 PJM Settlement, Inc. 206.080000
1314.000000 Market Monitoring Unit (MMU) Funding 358.180000
1315.000000 FERC Annual Recovery 4415.800000
Organization of PJM States, Inc. (OPSI)
1316.000000 Funding 40.720000
North American Electric Reliability Corporation
1317.000000 (NERC) 733.060000
1318.000000 Reliability First Corporation (RFC) 1175.200000
Transmission Owner Scheduling, System
1320.000000 Control and Dispatch Service 4322.700000
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Reactive Supply and Voltage Control from
1330.000000 Generation and Other Sources Service 40201.390000
1340.000000 Regulation and Frequency Response Service 8995.370000
1360.000000 Synchronized Reserve 4771.710000
1362.000000 Non-Synchronized Reserve 837.000000
1365.000000 Day-ahead Scheduling Reserve 6624.690000
1370.000000 Day-ahead Operating Reserve 843.350000
1375.000000 Balancing Operating Reserve 3340.100000
Balancing Operating Reserve for Load
1376.000000 Response 3.460000
1378.000000 Reactive Services 5791.240000
1380.000000 Black Start Service 7476.270000
1400.000000 Load Reconciliation for Spot Market Energy -1816.020000
Load Reconciliation for Transmission
1410.000000 Congestion 167.770000
1420.000000 Load Reconciliation for Transmission Losses 8.420000
Load Reconciliation for Inadvertent
1430.000000 Interchange 0.510000
Load Reconciliation for PJM Scheduling,
1440.000000 System Control and Dispatch Service -17.540000
Load Reconciliation for PJM Scheduling,
1441.000000 System Control and Dispatch Service Refund 0.870000
Load Reconciliation for Market Monitoring Unit
1444.000000 (MMU) Funding -0.420000
Load Reconciliation for FERC Annual
1445.000000 Recovery -5.190000
Load Reconciliation for Organization of PJM
1446.000000 States, Inc. (OPSI) Funding -0.050000
Load Reconciliation for North American
1447.000000 Electric Reliability Corporation (NERC) -0.860000
Load Reconciliation for Reliability First
1448.000000 Corporation (RFC) -1.380000
Load Reconciliation for Transmission Owner
Scheduling, System Control and Dispatch
1450.000000 Service -5.080000
Load Reconciliation for Regulation and
1460.000000 Frequency Response Service -4.640000
1470.000000 Load Reconciliation for Synchronized Reserve -2.200000
Load Reconciliation for Non-Synchronized
1472.000000 Reserve 0.110000
Load Reconciliation for Day-ahead Scheduling
1475.000000 Reserve 0.030000
Load Reconciliation for Balancing Operating
1478.000000 Reserve -3.200000
1490.000000 Load Reconciliation for Reactive Services -0.840000
1600.000000 RPM Auction 14785.450000
1610.000000 Locational Reliability 676685.670000
1611.000000 CP Transitional Locational Reliability 218542.250000
1250.000000 A Meter Error Correction 42826.000000 10011.230000
PJM Scheduling, System Control and Dispatch
1304.000000 A Service - Regulation Market Administration 42705.000000 0.140000
PJM Scheduling, System Control and Dispatch
1304.000000 A Service - Regulation Market Administration 42736.000000 0.040000
PJM Scheduling, System Control and Dispatch
1304.000000 A Service - Regulation Market Administration 42767.000000 0.060000
PJM Scheduling, System Control and Dispatch
1304.000000 A Service - Regulation Market Administration 42795.000000 0.090000
PJM Scheduling, System Control and Dispatch
1304.000000 A Service - Regulation Market Administration 42826.000000 0.260000
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PJM Scheduling, System Control and Dispatch
Service Refund - Regulation Market
1311.000000 A Administration 42767.000000 -0.010000
PJM Scheduling, System Control and Dispatch
Service Refund - Regulation Market
1311.000000 A Administration 42795.000000 -0.010000
Organization of PJM States, Inc. (OPSI)
1316.000000 A Funding 42736.000000 -6.470000
Organization of PJM States, Inc. (OPSI)
1316.000000 A Funding 42767.000000 -5.570000
Organization of PJM States, Inc. (OPSI)
1316.000000 A Funding 42795.000000 -6.060000
Organization of PJM States, Inc. (OPSI)
1316.000000 A Funding 42826.000000 -5.420000
1340.000000 A Regulation and Frequency Response Service 42705.000000 17.290000
1340.000000 A Regulation and Frequency Response Service 42736.000000 26.720000
1340.000000 A Regulation and Frequency Response Service 42767.000000 5.100000
1340.000000 A Regulation and Frequency Response Service 42795.000000 20.100000
1340.000000 A Regulation and Frequency Response Service 42826.000000 18.350000
1360.000000 A Synchronized Reserve 42826.000000 0.060000
1362.000000 A Non-Synchronized Reserve 42736.000000 -1.470000
1365.000000 A Day-ahead Scheduling Reserve 42736.000000 -0.010000
1370.000000 A Day-ahead Operating Reserve 42583.000000 -0.530000
1370.000000 A Day-ahead Operating Reserve 42795.000000 33.600000
1375.000000 A Balancing Operating Reserve 42125.000000 1.100000
1375.000000 A Balancing Operating Reserve 42156.000000 2.290000
1375.000000 A Balancing Operating Reserve 42186.000000 5.490000
1375.000000 A Balancing Operating Reserve 42583.000000 0.100000
1375.000000 A Balancing Operating Reserve 42736.000000 -2.990000
1375.000000 A Balancing Operating Reserve 42795.000000 -17.110000
1375.000000 A Balancing Operating Reserve 42826.000000 20.760000
1378.000000 A Reactive Services 42826.000000 -167749.000000
1930.000000 A Generation Deactivation 42826.000000 209.380000
Total Charges 1808703.600000
SOURCE BILLING PERIOD
CREDITS ADJ BILLING LINE ITEM NAME START AMOUNT ($)
2100.000000 Network Integration Transmission Service 0.000000
2108.000000 Transmission Enhancement 15130.110000
2130.000000 Firm Point-to-Point Transmission Service 0.000000
2140.000000 Non-Firm Point-to-Point Transmission Service 429.230000
2210.000000 Transmission Congestion 0.000000
2220.000000 Transmission Losses 17565.780000
Transmission Owner Scheduling, System
2320.000000 Control and Dispatch Service 0.000000
Reactive Supply and Voltage Control from
2330.000000 Generation and Other Sources Service 29388.000000
2340.000000 Regulation and Frequency Response Service 0.000000
2360.000000 Synchronized Reserve 113.210000
2365.000000 Day-ahead Scheduling Reserve 31761.930000
2370.000000 Day-ahead Operating Reserve 0.000000
2375.000000 Balancing Operating Reserve 316.620000
2380.000000 Black Start Service 0.000000
2420.000000 Load Reconciliation for Transmission Losses -19.170000
2510.000000 Auction Revenue Rights 64550.990000
2600.000000 RPM Auction 647522.730000
2640.000000 Incremental Capacity Transfer Rights 1592.160000
2661.000000 Capacity Resource Deficiency 229.300000
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2666.000000 Load Management Test Failure 280.520000
2140.000000 A Non-Firm Point-to-Point Transmission Service 42736.000000 -4.080000
2140.000000 A Non-Firm Point-to-Point Transmission Service 42826.000000 35.630000
2220.000000 A Transmission Losses 42583.000000 0.410000
Total Credits 808893.370000
Monthly Billing Net Total 999810.23
Previous Weekly Billing Net Total 839626.180000
Total Due / Receivable 160184.050000
End of Report
June 27, 2017 Page 35
Page 262
City Planner’s Monthly Report
Planning, Inspections & Recreation
MAY 2017
Planning, Inspections & Recreation Highlights
The monthly report contains a wealth of information about the departments that demonstrate the volume
of activity and the scope of our responsibilities. But there are also excellent indicators of the general eco-
nomic health of the community as well.
There are obvious signs of an increasingly healthy economy in Dover during FY17:
Building permit revenues are up 141% over last year
$860,000+ in building permit fees received so far this year v. $600,000 last year
This year 111 permits have been issued for new residential units and over $37 million in new commercial
investment has been approved
Over $21,000 in fee waivers were approved within the DDD area, indicating a renewed interest in down-
town
Inspections and Code Enforcement numbers are also up significantly:
There were 407 code enforcement inspections in May and 1638 YTD
21 additional properties were identified and registered as vacant
A number of dangerous buildings are being demolished helping to eliminate blight
Building related inspections are up by almost 1000 compared to this time last year
2187 business licenses were issued so far this year versus only 1256 last year
Park and Recreation activities' and participation are steady compared to last year but a renewed interest in
our parks system has resulted in two community meetings, submission of grant requests for planning and
park development, with a focus on reestablishing Dover Park to its anchor park status.
Planning staff is working diligently to improve processes and clarifying ordinance provisions to make the
community more business friendly. Increased coordination with various stakeholders regarding economic
activity, housing, and redevelopment are also ongoing priorities.
Dawn Melson-Williams attended the Plan4Health Roundtable Summit on May 12, 2017. Presentations at
the event included Mapping of Assets, the Statewide Health and Equity Assessment, collaborative part-
nerships and brainstorming of ideas for healthy living with a prioritization of future tasks related to
Health. The Plan4Health is a grant-funded program that will result in recommendations for incorporating
healthy living into the City’s Comprehensive Plan. http://deplan4health.org
Dave Hugg attended the Downtown Development District Workshop on May 31, 2017 to report on activ-
ities in Dover’s Downton Development District and to learn about our Districts throughout the State.
Page 263
PROGRESS IN PICTURES
1365 N. DuPont Highway—T. Mobile
“Dover Behavioral Health” 725 Horsepond Rd.-
Page 264
PROGRESS IN PICTURES
231 Nob Hill
Road—Clearview
Meadows
344-365 Tribbitt
Street-
Cannon Mills
Page 265
Planning, Inspections & Recreation Revenue
FY '17 Budget FY '17 Actual
YTD thru May
Revenue Stream
Business License $1,467,000 $ 1,455,252 99%
PERFORMING ARTS ON THE
Trailer License $21,000 $ 18,294 87%
GREEN SERIES-is kicking off the
Building Permits $609,000 $ 860,869 141%
41st season! Be sure to join us
Cert. of Occupancy $10,000 $ 14,800 148%
on Thursdays now until Sep-
Public Occupancy $21,000 $ 23,703 113%
tember 7th at 7pm.
Lodging House $14,100 $ 13,640 97%
Plumbing/Heating/Air $115,000 $ 120,926 105%
Rental Inspection Fee $437,000 $ 398,969 91%
Miscellaneous $27,000 $ 27,567 102%
Fire Protection Fees $65,000 $ 62,339 96%
Code Enf. Fines $35,000 $ 27,400 78%
Vacant Building Reg. $150,000 $ 257,585 172%
Total P&I Revenue $2,971,100 $ 3,281,344 110%
Recreation $150,000 $ 131,330 88%
PERSONNEL AND TRAINING
Wayne Voshell completed three days of training on May 21-23 to renew the
Certified Playground Safety Inspector license.
Sherwanda Rachal Speaks completed food safety training with the Food Bank
of Delaware in order to remain eligible to receive free breakfast lunch services
for the summer day camps.
PLANNING OFFICE
The Planning Office is part of the review process for certain types of construc-
tion activity permits (Building Permits, Sign Permits, etc.) and Certificate of Oc-
cupancy permits. For May 2017, Planning Staff was involved with review of 105
Permits and 14 Certificates of Occupancy permits. This results in a 2017 calen-
dar year to date total of 448 Permits and Certificates of Occupancy (2016 calen-
dar year to date total of 451 Permits and COs compared to 374 for 2015). Plan-
ning Staff also reviews new applications for Business Licenses and Rental
Dwelling Permits.
Page 266
COMPREHENSIVE PLAN IMPLEMENTATION
Planning Staff continues to focus on the various implementation items identified in the 2008
Comprehensive Plan as amended.
The Planning Office continues to be involved in the following studies and projects: Restor-
ing Central Dover Community Plan implementation, the Dover/Kent County MPO Region-
al Bicycle Plan Update project, and Downton Parking Study.
The Planning Office is utilizing the data collection from fieldwork for the study of “Non-
conforming Uses” to identify non-compliant uses in specific residential zones. The first set
of non-conforming property owners (Round 1) received Notification Letters in August
2016 with December 31, 2016 as the sunsetting date for the nonconforming uses. A num-
ber of the identified properties took action to resolve the non-conformity. The second set
of non-conforming properties (Round 2) were sent letters on February 24, 2017 to notify
them of the non-conformity with June 30, 2017 as the sunsetting date for the noncon-
forming uses if not resolved. In May a rezoning application was in the review process to
resolve a non-conformity at a property (Z-17-03). Planning Staff was in contact with sev-
eral remaining property owners to assist them in beginning the process to take action to
resolve their non-conformities.
Construction Activity
Construction activities continue at several multi-family residential projects including the
Tall Pines project at 1655 and 1665 Kenton Road (S-14-18), Leander Lakes Apartments (S-
12-18), and Phase 2 of the Blue Hen Apartment Complex.
There is residential construction activity in Clearview Meadows PND, Nottingham Mead-
ows, Senators Lake, Seskinore, Village of Cannon Mill, Village of Westover and Chestnut
Grove Farms. Certificates of Occupancy were issued to a total of 9 residential projects in-
cluding 2 one family detached dwellings, 5 townhouse units, and 2 apartment buildings in
the month of May.
A Building Permit was also issued for the following project: Panera Bread Restaurant at
545 North DuPont Highway (S-16-23).
MAY FY17 TOTAL FOR FY17
New Home Permits Issued 14 125
Value of Commercial Projects 2,545,909.00 39,903,647.00
Downtown Incentives (Fees $759.00 $21,965.25
Waived)
Page 267
BOARD AND COMMISSION ACTIVITY
Planning Commission
The Planning Commission met on May 15, 2017. The next Planning Commission meet-
ing is scheduled for June 19, 2017.
S-15-05 North Street Mini Storage at 1351 West North Street – Planning Commission
moved to grant a one-year extension of the Planning Commission approval granted on May 18, 2015
of a Site Development Plan to construct a self-storage facility consisting of three (3) buildings totaling
108,940 S.F. to include an office building and two (2) storage buildings with 519 units, and associated
site improvements.
Z-17-03 Lands of Most Worshipful Prince Hall Grand Lodge at 1408, 1412, and 1416
College Road – Planning Commission moved to approve recommendation to City Council for rezon-
ing of three parcels located on the southeast side of College Road.
SB-17-01 Minor Subdivision Plan at 749 West North Street -Planning Commission moved to
approve a Minor Subdivision Plan application to permit subdivision of a 23,144 S.F. lot into three (3)
new lots of approximately 7,400 S.F. +/- each.
S-17-13 Longhorn Steakhouse at 505 North DuPont Highway -Planning Commission moved
to approve a Site Development Plan to permit construction of a 5,842 S.F. Longhorn Steakhouse res-
taurant and related site improvements.
Board of Adjustment
The Board of Adjustment met on May 19, 2017. The next regular scheduled meeting of
the Board of Adjustment is scheduled for May 18, 2017. The following Applications
were considered:
Applicant #V-17-08 Revised Day Care Center at 868 South State Street: Shell’s Early
Learning Center–The Board moved to approve a variance from the requirements of the Zoning Or-
dinance, Article 5 §14.31 pertaining to maximum number of children in a day care center in a residen-
tial zone; and Article 3, §1.14(a)(v) pertaining to maximum building coverage of a conditional use in a
residential zone. The requested variances are to allow the number of children in the day care center
to increase from a maximum of 50 children to 83 children, and to allow the permitted total building
coverage of the lot to increase from a maximum of 20% to 23.7%.
Historic District Commission
The Historic District Commission met on May 18, 2017. The next Historic District Commission meeting
is scheduled for June 15, 2017. The Commission heard presentations of the Summary of Applications
and Permits with Architectural Review Certifications for calendar year 2016 and 2017. Updates on Re-
search Consultation on Proposed Project Fence Project at 2 North State Street: Fence Height and Ma-
terials. There were also updates on the Certified Local Government (CLG) Program application for CLG
Grant Funding for FFY2017.
Page 268
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CDBG FY16 Projects
The following projects are underway:
Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time
homebuyers who purchase affordable housing in the City of Dover. Four (4)
families purchased homes.
Dover Interfaith Mission for Housing
CDBG funds will be used to provide operation costs for the shelter. One hun-
dred (100%) of funds have been expended year to date. This project is com-
plete.
Connections Community Support Program
CDBG funds will be used to provide rapid re-housing/rental assistance ser-
vices for homeless households within the City.
Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro-
grams
CDBG funds will be used to rehabilitate existing owner occupied housing in
the City that is in violation of the City’s Housing Code and to complete emer-
gency home repairs to eliminate housing conditions that threaten the health
and safety of low income homeowners. Rehabs of two (2) single family
homes are underway and emergency home repairs have been completed for six
(6) families.
Page 269
Code Enforcement Activity—MAY
Case Type # cases current # cases % staff initiated % staff initiated
month YTD (July current month YTD
to July)
No valid Rental Permit 48 209 100% 99%
No valid Building Permit 9 52 75% 82%
Tall grass and weeds 143 329 75% 71%
Unregistered vehicle 9 59 95% 91%
Abandoned vehicle 1 34 100% 75%
Annual Housing Inspection 30 423 97% 89%
Property Maintenance – 30 309 60% 69%
Exterior
Electric Termination 20 122 95% 90%
Dover Code of Ordinances 29 359 48% 70%
Zoning 5 36 20% 61%
Total Cases 324 1962
Total # of Inspections For 455
Month
Page 270
Dangerous Buildings, Vacant Buildings & Demolitions
35 N. Queen Street—The structure has been demolished.
126 N. Ann Avenue—All renovation and plumbing permits have been closed and ap-
proved. The property is currently vacant and for sale.
131 N. Kirkwood Street —The property was condemned and taken forward to City Coun-
cil as a dangerous building on November 7, 2016. Council ordered the owner to demolish
the structure by December 7, 2016. The asbestos survey and abatement have been com-
pleted with the demolition of the structure scheduled for June.
954 Lincoln Street—The property was condemned and taking forward to City Council as a
dangerous building on November 7, 2016. Council ordered the owner to demolish the
structure by December 7, 2016. The asbestos survey and abatement have been complet-
ed . The mortgage company has requested time to make renovations. The demolition has
been put on hold.
801 North State Street—The property was condemned on October 21, 2016 due to fire
damage. A demolition permit has been obtained by the owner.
1175 Horsepond Road—The property was condemned on November 14, 2016 due to the
dilapidated condition of the home. Notice was sent to the owner to repair or demolish the
structure by February 23, 2017, or City Staff would take the property forward to City
Council as a dangerous building. Property was presented to City Council on March 6,
2017; Council declared the property dangerous and ordered the owner to demolish by
April 7, 2017. The owner is working to have the building demolished.
236 Eisenhower Drive—The property was condemned on August 29, 2016, due to the di-
lapidated condition of the home. Notice was sent to the owner to repair or demolish the
structure by February 23, 2017, or City Staff would take the property forward to City
Council as a dangerous building. Property was presented to City Council on March 6,
2017; Council declared the property dangerous and ordered the owner to demolish by
April 7, 2017. The demolition of the structure has been scheduled for late June, 2017.
Vacant Buildings—During the month of May, twenty one (21) additional buildings were
registered as vacant, and $10,750.00 in vacant building registration fees were collected.
Page 271
Building Inspections & Licensing Summary
Current July 16-June17 May 2016 July 15-June16
MAY 17 FYTD 17 MAY 16 FYTD 16
PERMITTING AND LICENSING
Permits Issued
MAY 17 FYTD 17 MAY 16 FYTD 16
Administrative Permit 3 56 5 49
Building Addition/Renovation Permits 42 355 44 342
Building Permits
45 308 37 247
Demolition Permits
5 35 2 58
Fence Permits 16 102 21 99
Fire Prevention Permits 6 96 4 113
Mechanical Permits
25 470 35 433
Plumbing Permits
46 457 19 422
Sign Permits 10 158 27 255
Swimming Pool Permits
2 121 2 5
Business Licenses 26 2213 66 1322
Merchant Licenses
2 369 1 285
Contractor Licenses
28 216 26 930
Lodging House Licenses
1 66 0 47
Manufactured Homes
2 397 1 274
Public Occupancy 13 458 33 435
Rental Dwelling 71 3237 92 3331
BUILDING INSPECTIONS
Inspections MAY 17 FYTD 17 MAY 16 FYTD 16
Building
375 4431 280 3370
Plumbing/Mechanical
665 5546 326 3492
Certificate of Occupancy 14 187 11 153
Page 272
Fire Marshal’s Office—At a Glance
The Fire Marshal’s Office investigated a total of
five (5) incidents in the month of May to include a
major fire loss at 856 Forest St and 411 Collins Dr.
The Fire Marshal’s Office made 2 arrests in the
month of May with the assistance of the Dover Po-
lice Department.
The Fire Marshal attended a 2 week Fire Investi-
gation Interview and Testimony class at the Na-
tional Fire Academy.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 18 264 403
Deficiencies From the Above Inspections 73 889 983
Fire Code Violations/Deficiencies/Complaints 6 319 478
C/O & Fire Equipment Acceptance Tests 7 132 118
Meetings & Walk Through 21 440 106
Fire Plan Review & DAC 8 135 -
Month Year to Date Previous Year to Date
Accidental 2 totaling $11,000 29 totaling $612,003 $421,000
Undetermined 0 6 totaling $805,501 $22,900
Incendiary 3 totaling $381,000 10 totaling $552,600 $73,600
Arrest Made with DPD 2 4 -
Investigation Time 35 hours 307 hours -
Injuries 1 6 -
Deaths 0 0 -
Please feel free to contact our office at any time with any questions or concerns. Thank you!
Page 273
Recreation Division
Enrollment Summary
MAY FY17 verses MAY FY16
Category FY/17 FY/16
General Recreation 156 184
Sports 7 74
Trips 0 0
Leagues 310 255
Camps 0 20
Page 274
Revenue Breakdown: May 2017 verses May 2016
General Recreation $1858.00 General Recreation $2988.50
Sports $0.00 Sports $420.00
Trips $333.00
Trips $0.00
Leagues $14,430.00
Leagues $19,735.00
Building & Field Rentals $1050.00
Building & Field Rentals $800.00
Camps $3840.00
Camps $2765.00
Youth Connections/CSW $17,753.00
Youth Connections/CSW $16,742.78
Page 275
John W. Pitts Recreation Center – MAY 2017
Total Program Attendance Facility Usage By The Hour
** Program Attendance figures includes daily participants, parents and spectators in the facility.
Facility Usage By The Hour MAY 17 FYTD 17 MAY 16 FYTD 16
Open Gym 498 4,009.5 477 4,105.25
Fitness Classes 32 351.5 28 372.5
Leagues 47 1,204 41.5 1,174
Camps 0 1,011.5 0 998
Sports Classes 0 145.5 12 160.5
Meetings & Rentals 20 179.5 35 267
Enrichment Classes 2 9.5 2 27
Total Facility Usage Hours 599 6,911 595.5 7,104.25
Daily Program Attendance** MAY 16 FYTD 17 MAY 16 FYTD 16
Total 1,340 54,905 1,632 56,940
Open Gym 477 4,164 478 4,170
Fitness Classes 122 1,386 143 2,116
Leagues 704 44,276 576 44,508
Camps 0 1,310 25 1,231
Sports Classes 0 2,247 95 2,126
Meetings & Rentals 25 1,472 332 2,656
Enrichment Classes 12 50 8 133
Since our opening in late April 2008, we have had 501,758 guests at the John W. Pitts Recreation Center.
Open Gym Registrations and Packages Sold
PACKAGES SOLD: MAY MTD YTD FYTD
Daily: 5 $15 151 $165
Individual Quarterly: 0 $0 57 $105
Individual Annual: 0 $0 0 0
Family Quarterly: 0 $0 0 0
Family Annual: 0 $0 0 0
Revenue 5 $15 208 $270
Page 276
MAY 2017
PLEASE NOTE – THIS REPORT PROVIDES TOP LINE INFORMATION ON THE OPERATING
FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION, PLEASE FEEL FREE TO CONTACT
THE FINANCE DEPARTMENT.
Page 277
CITY OF DOVER
ACTIVITY REPORTS
MAY 2017
FINANCE DEPARTMENT ACTIVITY LEVELS
FY16 YTD FY17 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 6,532 6,486
Total Amount of All Deposits $ 119,295,349 $ 120,379,759
PAYROLL
Hours % Amount Hours % Amount
Gross wages per registers 825,303 100.0% $ 118,060,354 832,783 100.0% $ 124,032,419
Wages and Hours Worked
Regular 681,709 82.6% $ 15,311,794 684,573 82.2% $ 15,695,891
All over time 32,250 3.9% $ 1,397,411 30,385 3.6% $ 1,333,340
Other Paid or Unpaid Wages and Hours
Vacation 38,317 4.6% $ 1,064,745 39,261 4.7% $ 1,116,975
Sick 14,987 1.8% $ 378,829 18,231 2.2% $ 487,424
Terminal Leave - Retiree Vacation/Sick Payout 16,976 2.1% $ 554,213 23,856 2.9% $ 774,362
Comp Time 6,953 0.8% $ 209,181 6,715 0.8% $ 191,604
Personal 2,996 0.4% $ 98,399 5,530 0.7% $ 184,102
Leave Without Pay 2,665 0.3% $ - 2,736 0.3% $ -
Other (description below) 28,451 3.4% $ 1,019,890 21,498 2.6% $ 751,546
Other includes: pay adjustments, military differential pay, training, committee meetings, worker compensation tracking/adjustments, etc.
Other Activity
Number of Pay Periods 24 24
Number of Payroll Checks & Direct Deposits Issued 9,342 9,579
Number of Pension Checks Issued 16,735 16,652
Total Pension Benefits Paid - Defined Benefit Plan $ 28,735,848 $ 28,775,456
ACCOUNTS PAYABLE
Number of Check Vouchers 5,693 5,724
Number of EFT Vouchers 2,376 2,498
Vouchers Dollar Amount Disbursed $ 66,896,095 $ 62,848,376
PROCUREMENT & INVENTORY ACTIVITY LEVELS
Warehouse Stock
3,000,000 1,440
1,420
2,500,000
1,400
1,380
2,000,000
1,360
1,500,000 1,340 Dollar Value
Line Items
1,320
1,000,000
1,300
1,280
500,000
1,260
0 1,240
May-16 Jul-16 Sep-16 Nov-16 Jan-17 Mar-17 May-17
Value: $2,199,632.05 Line Items: 1,303
Fuel Use
Unleaded: 121,523.1 gallons
Diesel: 71,456.9 gallons
Total Cost: $ 315,170.26
2
Page 278
City of Dover
Finance Department
Monthly Report - May 2017
General Fund Summary
Revised 92%
Budget Budget YTD Balance Budget
Beginning Balance $ 4,493,900 $ 5,424,800 $ 5,424,751 $ 49 100.0%
Revenues
Court of Chancery Fees 1,100,000 1,100,000 1,093,800 6,200 99.4%
Police Extra Duty, Fines & Revenue 1,288,300 1,288,300 858,481 429,819 66.6%
Franchise Fees 680,000 680,000 517,123 162,877 76.0%
Grants 623,500 623,500 321,618 301,882 51.6%
Intrafund Services 5,218,700 5,299,300 4,537,366 761,934 85.6%
Library & Recreation Revenues 532,900 532,900 516,091 16,809 96.8%
Licenses & Permits 3,129,100 3,129,100 3,339,132 (210,032) 106.7%
Property Taxes (1) 12,895,100 12,895,100 12,892,106 2,994 100.0%
Miscellaneous Revenues 146,800 146,800 215,520 (68,720) 146.8%
Sanitation Revenues 2,538,300 2,538,300 2,303,229 235,071 90.7%
Garrison Farm Rent Revenue 94,500 94,500 95,739 (1,239) 101.3%
Transfers-In from Special Funds & Utilities
Municipal Street Aid Fund 673,100 673,100 505,091 168,009 75.0%
Civil Traffic Penalties 496,900 496,900 349,733 147,167 70.4%
Transfer Taxes 1,672,700 1,672,700 1,485,239 187,461 88.8%
Police Grants/Extra Duty 258,600 258,600 224,943 33,657 87.0%
Water/Wastewater Fund 875,000 875,000 875,000 - 100.0%
Electric Fund 10,000,000 10,000,000 10,000,000 - 100.0%
Total Revenues 42,223,500 42,304,100 40,130,211 2,173,889 94.9%
Total Beginning Balance & Revenues $ 46,717,400 $ 47,728,900 $ 45,554,962 $ 2,173,938 95.4%
Expenditures
City Clerk & Council $ 553,400 $ 557,300 $ 467,463 $ 89,837 83.9%
Mayor, City Manager & Human Resources 1,258,900 1,274,200 1,139,581 134,619 89.4%
Police & Police Extra Duty 16,875,200 17,075,800 14,918,307 2,157,493 87.4%
Public Services 5,077,600 5,007,600 4,005,271 1,002,329 80.0%
Engineering 207,000 207,000 193,281 13,719 93.4%
Procurement & Inventory, Facilities Mgmt., Fleet Maint. 1,968,500 2,051,700 1,815,489 236,211 88.5%
Planning, Inspections, Life Safety, & Code Enf. 2,151,000 2,167,600 1,762,434 405,166 81.3%
Finance, Info Tech & Customer Services 2,871,200 2,983,100 2,461,724 521,376 82.5%
Library & Recreation 2,385,900 2,424,000 2,061,013 362,987 85.0%
Fire Department 721,700 721,700 642,035 79,665 89.0%
Assessor 244,000 247,400 191,478 55,922 77.4%
Miscellaneous Grant Expense 25,000 25,000 15,815 9,185 63.3%
Other Employment Expenses 400,700 118,700 - 118,700 0.0%
Bank & CC Fees 15,000 15,000 14,829 171 98.9%
Insurance 700,000 700,000 689,797 10,203 98.5%
Street Lights 804,000 804,000 743,930 60,070 92.5%
Debt Service 685,300 685,300 654,593 30,707 95.5%
Transfers Out
Contribution to DDP 150,000 150,000 112,500 37,500 75.0%
OPEB - Retiree’s Health Care Contribution 2,039,700 2,039,700 1,699,975 339,725 83.3%
Appropriation to Police Pension Fund 670,000 670,000 503,833 166,167 75.2%
Police Pension Trust Contribution - State Grant 500,000 500,000 211,728 288,272 42.3%
Capital Asset Reserve - 253,400 253,400 - 100.0%
Inventory Write-offs 10,000 10,000 10,000 - 100.0%
Capital Projects Fund 1,859,400 2,344,400 1,869,500 474,900 79.7%
Uncollectibles: Trash & Other 50,000 50,000 50,000 - 100.0%
Total Expenditures 42,223,500 43,082,900 36,487,976 6,594,924 84.7%
Budget Balance -Working Capital 4,493,900 4,646,000 - 4,646,000 0.0%
Total Budget Balance & Expenditures $ 46,717,400 $ 47,728,900 $ 36,487,976 $ 11,240,924 76.4%
Reserve Balances
Contingency $ 741,000 $ 742,900 $ 742,645
(1) Property Taxes are the taxes billed and not cash received. The outstanding receivable balance as of 5/31/17 is $94,598
as compared to $122,437 in May 2016.
3
Page 279
City of Dover
Finance Department
Monthly Report - May 2017
Water/Wastewater Fund Summary
Revised 92%
Budget Budget YTD Balance Budget
Beginning Balance - Water $ 566,500 $ 881,300 $ 881,297 $ 3 100.0%
Beginning Balance - Wastewater 663,200 719,200 719,132 68 100.0%
1,229,700 1,600,500 1,600,429 71 100.0%
Revenues
Water Services 5,800,000 5,800,000 5,248,554 551,446 90.5%
Wastewater Services 3,800,000 3,800,000 3,394,224 405,776 89.3%
Wastewater Treatment Services 3,000,000 3,000,000 2,657,547 342,453 88.6%
Groundwater Inflow Adjustment 1,938,000 1,938,000 1,700,073 237,927 87.7%
Water Tank Space Leases 366,200 366,200 353,677 12,523 96.6%
Miscellaneous Receipts 83,000 83,000 88,474 (5,474) 106.6%
Impact Fees - Water 252,000 228,000 634,328 (406,328) 278.2%
Impact Fees - Wastewater 228,000 252,000 577,600 (325,600) 229.2%
Total Revenues 15,467,200 15,467,200 14,654,477 812,723 94.7%
Total Beginning Balance & Revenues $ 16,696,900 $ 17,067,700 $ 16,254,906 $ 812,794 95.2%
Expenses
Water/Wastewater Operating Divisions
Engineering & Inspection $ 516,500 $ 521,900 $ 419,897 $ 102,003 80.5%
Water Department 655,400 670,200 563,152 107,048 84.0%
Water Treatment Plant 1,727,400 1,744,000 1,574,732 169,268 90.3%
Wastewater Department 962,400 983,500 816,119 167,381 83.0%
Kent County Treatment Charge 4,130,000 4,130,000 3,359,913 770,087 81.4%
Intrafund Service Fees 1,653,800 1,673,400 1,426,567 246,833 85.2%
OPEB Unfunded Liability - 101,800 - 101,800 0.0%
Retiree's Health Care 192,400 192,400 192,400 - 100.0%
Debt Service 1,227,200 1,227,200 1,085,289 141,911 88.4%
Other Employment Expenses 21,200 3,300 - 3,300 0.0%
Bank & CC Fees 25,000 25,000 23,957 1,043 95.8%
Bond Issuance Cost 40,000 40,000 - 40,000 0.0%
Transfers Out
Water I & E Fund 1,000,000 980,000 980,000 - 100.0%
Wastewater I & E Fund 1,000,000 980,000 980,000 - 100.0%
General Fund 875,000 875,000 875,000 - 100.0%
Contingency Reserve - Water 110,000 131,100 131,100 - 100.0%
Contingency Reserve - Wastewater 60,000 60,000 60,000 - 100.0%
Electric Improv. & Ext. 231,200 231,200 - 231,200 0.0%
Total Expenses 14,427,500 14,570,000 12,488,126 2,081,874 85.7%
Budget Balances
Budget Balance - Work. Cap Water 1,103,100 1,330,900 - 1,330,900 0.0%
Budget Balance - Work. Cap WW 1,166,300 1,166,800 - 1,166,800 0.0%
Total Budget Balances 2,269,400 2,497,700 - 2,497,700 0.0%
Total Budget Balances & Expenses $ 16,696,900 $ 17,067,700 $ 12,488,126 $ 4,579,574 73.2%
Reserve Balances
Contingency-Water $ 249,000 $ 250,000 $ 251,412
Contingency-Wastewater $ 253,100 $ 276,200 $ 277,943
Impact Fee Reserve - Water $ 243,200 $ 246,700 $ 607,663
Impact Fee Reserve - Wastewater $ 1,391,800 $ 2,876,400 $ 3,541,538
Bond Coverage Ratio (Covenant 1.20) 3.44 4.30 4.71
4
Page 280
City of Dover
Finance Department
Monthly Report - May 2017
Electric Revenue Fund Summary
Revised 92%
Budget Budget YTD Balance Budget
Beginning Balance $ 13,302,200 $ 19,896,400 $ 19,896,366 $ 34 100.0%
Revenues
Direct Sales to Customers 77,193,200 77,193,200 72,306,214 4,886,986 93.7%
Utility Tax 1,287,900 1,287,900 1,209,717 78,183 93.9%
Weyandt Hall Rents 223,000 223,000 162,328 60,672 72.8%
Miscellaneous Revenues 676,600 676,600 643,569 33,031 95.1%
Interest Earnings 47,900 47,900 203,026 (155,126) 423.9%
Total Revenues 79,428,600 79,428,600 74,524,854 4,903,746 93.8%
Total Beginning Balance & Revenues $ 92,730,800 $ 99,325,000 $ 94,421,220 $ 4,903,780 95.1%
Expenses
Power Supply & Generation
Hedged Energy $ 16,557,600 $ 16,557,600 $ 18,686,610 $ (2,129,010) 112.9%
Power Supply Management 996,000 931,000 765,413 165,587 82.2%
Capacity Charges 10,160,600 10,160,600 9,653,658 506,942 95.0%
Dover Sun Park Energy 2,313,900 2,313,900 1,870,719 443,181 80.8%
Renewal Energy Credits (Incl. Solar) 1,036,800 1,036,800 278,721 758,079 26.9%
RGGI 129,300 129,300 - 129,300 0.0%
PJM Charges - Energy 12,357,900 12,357,900 4,717,876 7,640,024 38.2%
PJM Charges - Transmission & Fees 7,603,800 7,603,800 5,116,369 2,487,431 67.3%
Total Power Supply 51,155,900 51,090,900 41,089,366 10,001,534 80.4%
Plant Operations 6,215,700 6,280,700 5,248,999 1,031,701 83.6%
Generation Fuels 302,600 302,600 1,267,246 (964,646) 418.8%
Capacity Credits (7,355,100) (7,355,100) (6,837,645) (517,455) 93.0%
PJM Spot Market Energy (804,900) (804,900) (1,423,904) 619,004 176.9%
PJM Credits (360,000) (360,000) (615,521) 255,521 171.0%
Total Generation (2,001,700) (1,936,700) (2,360,825) 424,125 121.9%
Total Power Supply & Generation 49,154,200 49,154,200 38,728,541 10,425,659 78.8%
Electric Operating Divisions:
Transmission/Distribution 3,605,700 3,616,300 3,218,949 397,351 89.0%
Electrical Engineering 1,247,900 1,250,900 928,751 322,149 74.2%
Administration 929,700 934,200 723,630 210,570 77.5%
Meter Reading 378,600 379,600 338,585 41,015 89.2%
Systems Operations 651,700 662,100 567,196 94,904 85.7%
Interfund Services 3,564,900 3,625,900 3,110,799 515,101 85.8%
Utility Tax 1,287,900 1,287,900 1,209,717 78,183 93.9%
Retirees Health Care 600,000 600,000 600,000 - 100.0%
Interest on Deposits 21,000 21,000 15,570 5,430 74.1%
Green Energy Payment to DEMEC 128,000 128,000 120,984 7,016 94.5%
Accounts Receivable Write-Offs 250,000 250,000 250,000 - 100.0%
Other Employee Expenses 58,900 29,400 - 29,400 0.0%
OPEB Unfunded Liability - 109,300 - 109,300 0.0%
Bank & CC Fees 275,000 275,000 271,550 3,450 98.7%
Debt Service 1,618,000 1,618,000 1,512,062 105,938 93.5%
Transfers Out:
General Fund 10,000,000 10,000,000 10,000,000 - 100.0%
Electric Improvement & Extension Fund 2,500,000 2,500,000 1,875,000 625,000 75.0%
Future Capacity Reserve 750,000 2,750,000 2,750,000 - 100.0%
Depreciation Reserve 750,000 2,750,000 2,750,000 - 100.0%
Rate Stabilization Reserve 1,250,000 3,250,000 3,250,000 - 100.0%
Total Expenses 79,021,500 85,191,800 72,221,334 12,970,466 84.8%
Budget Balance - Work. Capital 13,709,300 14,133,200 - 14,133,200 0.0%
Total Budget Balance & Expenses $ 92,730,800 $ 99,325,000 $ 72,221,334 $ 27,103,666 72.7%
Reserve Balances
Contingency Reserve $ 848,300 $ 856,400 $ 861,500
Insurance Reserve $ 762,000 $ 769,300 $ 773,863
Rate Stabilization Reserve $ 8,511,900 $ 10,574,000 $ 10,625,449
Bond Coverage Ratio (Covenant 1.25) 4.22 1.64 6.46
Megawatt Hours Sold & Purchased
Sales to Customers MWh (excluding Street Light MWh) 713,501 713,501 676,182 94.8%
Sales per MWh $ 108.19 $ 108.19 $ 106.93 98.8%
Purchased/Generated MWh 763,129 763,129 702,635 92.1%
All In MWh Supply & Generation $ 64.41 $ 64.41 $ 55.12 85.6%
5
Page 281
City of Dover
Finance Department
Monthly Report - May 2017
Governmental Capital Project Fund Summary
Revised 92%
Budget Budget YTD Balance Budget
Beginning Balance - Projects $ 383,900 $ 1,472,100 $ 1,472,016 $ 84 100.0%
Revenues
State Grant - Other 105,000 105,000 31,350 73,650 29.9%
Interest Earnings 5,000 5,000 15,705 (10,705) 314.1%
Transfer from General Fund for Projects 1,859,400 2,344,400 1,869,500 474,900 79.7%
Miscellaneous Receipts - 16,700 20,984 (4,284) 125.7%
Income from Sale of Assets - 109,100 104,947 4,153 96.2%
Transfer from Parkland Reserve 80,000 80,000 - 80,000 0.0%
Total Revenues 2,049,400 2,660,200 2,042,486 617,714 76.8%
Total Beginning Balance & Revenue $ 2,433,300 $ 4,132,300 $ 3,514,502 $ 617,798 85.0%
Expenditures
Fire $ 145,700 $ 145,700 $ 145,614 $ 86 99.9%
Grounds Maintenance 58,200 153,800 149,735 4,065 97.4%
Library - 15,000 677 14,323 4.5%
Recreation 165,000 165,000 - 165,000 0.0%
Life Safety 29,500 29,500 - 29,500 0.0%
Police 299,800 299,800 257,324 42,476 85.8%
Streets 1,026,000 2,027,600 413,813 1,613,787 20.4%
Sanitation 261,500 261,500 - 261,500 0.0%
City Manager - 502,800 452,975 49,825 90.1%
Public Services - Administration - - 4,354 (4,354) 0.0%
Facilities Management 27,700 27,700 24,263 3,437 87.6%
Procurement & Inventory - - 12,480 (12,480) 0.0%
Fleet Maintenance 31,000 31,000 27,391 3,609 88.4%
Transfer to Parkland Reserve - - 5,000 (5,000) 0.0%
Total Expenditures 2,044,400 3,659,400 1,493,626 2,165,774 40.8%
Budget Balance - Projects 388,900 472,900 - 472,900 0.0%
Total Budget Balance & Expenditures $ 2,433,300 $ 4,132,300 $ 1,493,626 $ 2,638,674 36.1%
Reserve Balances
Capital Asset Replacement Reserve $ 1,266,300 $ 1,522,200 $ 1,524,552
Parkland/Recreation $ 247,900 $ 249,400 $ 335,884
6
Page 282
City of Dover
Finance Department
Monthly Report - May 2017
Water/Wastewater Improvement & Extension Fund Summary
Revised 92%
Budget Budget YTD Balance Budget
Beginning Balance - Water $ 1,179,900 $ 3,584,500 $ 3,584,464 $ 36 100.0%
Beginning Balance - Wastewater 952,600 3,129,800 3,129,719 81 100.0%
2,132,500 6,714,300 6,714,183 117
Revenues
Interest Earnings 20,000 20,000 86,489 (66,489) 432.4%
Income from Sale of Assets - - 2,104 (2,104) 0.0%
Transfer from Operating Fund for Water 1,000,000 980,000 980,000 - 100.0%
Transfer from Operating Fund for Wastewater 1,000,000 980,000 980,000 - 100.0%
Transfer from Impact Fee Reserve - Water 190,800 190,800 - 190,800 0.0%
Transfer from Impact Fee Reserve - Wastewater 211,200 211,200 - 211,200 0.0%
State Loan-Water 2,400,000 2,400,000 - 2,400,000 0.0%
State Loan-Wastewater 884,000 884,000 - 884,000 0.0%
Total Revenues 5,706,000 5,666,000 2,048,593 3,617,407 36.2%
Total Beginning Balance & Revenues $ 7,838,500 $ 12,380,300 $ 8,762,776 $ 3,617,524 70.8%
Expenses
Engineering & Inspection $ 30,400 $ 30,400 $ 26,831 $ 3,569 88.3%
Water 1,338,800 3,908,100 677,001 3,231,099 17.3%
Wastewater 2,021,200 4,004,700 1,494,963 2,509,737 37.3%
Water Treatment Plant 1,200,000 1,200,000 84,808 1,115,192 7.1%
Total Expenses 4,590,400 9,143,200 2,283,603 6,859,597 25.0%
Budget Balance Water - Working Capital 2,226,700 2,042,000 - 2,042,000 0.0%
Budget Balance Wastewater - Working Capital 1,021,400 1,195,100 - 1,195,100 0.0%
Total Budget Balances 3,248,100 3,237,100 - 3,237,100 0.0%
Total Budget Balances & Expenses $ 7,838,500 $ 12,380,300 $ 2,283,603 $ 10,096,697 18.4%
Reserve Balances
Capital Asset Replacement - Water $ 518,500 $ 523,500 $ 526,584
Capital Asset Replacement - Wastewater $ 517,300 $ 522,300 $ 525,379
7
Page 283
City of Dover
Finance Department
Monthly Report - May 2017
Electric Improvement & Extension Fund Summary
Revised 92%
Budget Budget YTD Balance Budget
Beginning Balance $ 5,540,500 $ 9,314,400 $ 9,314,351 $ 49 100.0%
Revenues
Interest Earnings 40,000 40,000 103,513 (63,513) 258.8%
Development Grants 5,000 5,000 20,000 (15,000) 400.0%
Transfer from Electric Revenue Fund 2,500,000 2,500,000 1,875,000 625,000 75.0%
Transfer from Water/Wastewater Fund 231,200 231,200 - 231,200 0.0%
Income from Sale of Assets - 28,000 34,845 (6,845) 124.4%
General Service Billing 900,000 900,000 540,277 359,723 60.0%
Total Revenues 3,676,200 3,704,200 2,573,635 1,130,565 69.5%
Total Beginning Balance & Revenues $ 9,216,700 $ 13,018,600 $ 11,887,986 $ 1,130,614 91.3%
Expenses
Electric Generation $ 1,842,800 $ 2,389,100 $ 848,275 $ 1,540,825 35.5%
Transmission/Distribution 1,975,000 2,175,000 549,252 1,625,748 25.3%
Electrical Engineering 910,700 1,731,700 734,687 997,013 42.4%
Meter Reading 41,800 64,800 17,993 46,807 27.8%
ERP System 1,000,000 1,000,000 47,644 952,356 4.8%
Administration - 23,000 - 23,000 0.0%
Total Expenses 5,770,300 7,383,600 2,197,851 5,185,749 29.8%
Budget Balance Bond - Work. Capital 3,446,400 5,635,000 - 5,635,000 0.0%
Total Budget Balance & Expenses $ 9,216,700 $ 13,018,600 $ 2,197,851 $ 10,820,749 16.9%
Reserve Balances
Depreciation Reserve $ 10,910,200 $ 12,957,300 $ 13,023,696
Future Capacity Reserve $ 10,961,700 $ 13,110,300 $ 13,178,389
City of Dover
Electric Revenue Fund
FY17 - White Oak Solar Park Incremental Cost
Original
Budget YTD Balance
Power Supply & Generation
Dover Sun Park - Energy $ 2,446,700 $ 2,123,829 $ 322,872
Dover Sun Park - REC's 362,400 267,179 95,221
Total Power Supply Cost 2,809,100 2,391,007 418,093
Non-Solar Power Supply Cost (1,191,300) (858,421) (332,879)
Incremental Energy Cost $ 1,617,800 $ 1,532,586 $ 85,214
Revenues
Customer Sales - Electricity (93,900) (94,647) 747
Rent Receipts (94,500) (63,005) (31,495)
Total Revenues (188,400) (157,652) (30,748)
Incremental Sun Park Cost $ 1,429,400 $ 1,374,934 $ 54,466
MWh Purchased/Generated - Solar 18,159.000 15,180.938
MWh $ Solar Energy $ 134.74 139.90
Solar REC's MWh 2,343.000
MWh $ Solar REC (one month lag)* 114.03
8
Page 284
City of Dover
Finance Department
Monthly Report - May 2017
Community Transportation Improvement Fund
Revised 92%
Budget Budget YTD Balance Budget
Beginning Balance $ 92,100 $ 90,700 $ 90,699 $ 1 100.0%
Revenues
Grants Revenue 500,000 500,000 135,000 365,000 27.0%
Interest Earned - - 280 (280) 0.0%
Total Revenues 500,000 500,000 135,280 364,720 27.1%
Total Beginning Balance & Revenues $ 592,100 $ 590,700 $ 225,979 $ 364,721 38.3%
Expenses
Program Expenses - Grant Related $ 500,000 $ 505,500 $ 185,069 $ 320,431 36.6%
Total Expenses 500,000 505,500 185,069 320,431 36.6%
Budget Balance - Working Capital 92,100 85,200 - 85,200 0.0%
Total Budget Balances & Expenses $ 592,100 $ 590,700 $ 185,069 $ 405,631 31.3%
9
Page 285
City of Dover
Finance Department
Monthly Report - May 2017
Police Grant Funds
Revised 92%
Budget Budget YTD Balance Budget
Beginning Balance $ 295,300 $ 513,000 $ 512,917 $ 83 100.0%
Revenues
State & Federal Grants Received 319,000 519,200 263,576 255,624 50.8%
Interest Earnings - - 2,373 (2,373) 0.0%
Total Revenues 319,000 519,200 265,949 253,251 51.2%
Total Beginning Balance & Revenues $ 614,300 $ 1,032,200 $ 778,866 $ 253,334 75.5%
Expenses
Cadet Program $ 81,100 $ 81,100 $ 41,024 $ 40,076 50.6%
Equipment & Program Supplies 284,000 524,000 226,277 297,723 43.2%
Telephone/Fax 16,000 16,000 16,316 (316) 102.0%
Training/Conference/Food/Travel 17,000 58,100 33,942 24,158 58.4%
Consulting/Audit Fees 1,000 1,000 - 1,000 0.0%
Contractual services 5,000 78,000 73,328 4,672 94.0%
Operating Transfers - Out 82,000 250,000 224,943 25,057 90.0%
Total Expenses 486,100 1,008,200 615,830 392,370 61.1%
Budget Balance - Working Capital (Unaudited) 128,200 24,000 - 24,000 0.0%
Total Budget Balances & Expenses $ 614,300 $ 1,032,200 $ 615,830 $ 416,370 59.7%
City of Dover
Finance Department
Monthly Report - May 2017
Library Grant Fund
Revised 92%
Budget Budget YTD Balance Budget
Beginning Balance $ 17,300 $ 37,600 $ 37,525 $ 75 99.8%
Revenues
Grants Received 305,500 297,100 297,027 73 100.0%
Federal Grants 2,500 2,500 2,920 (420) 116.8%
Total Revenues 308,000 299,600 299,947 (347) 100.1%
Total Beginning Balance & Revenues $ 325,300 $ 337,200 $ 337,472 $ (272) 100.1%
Expenses
Program Expenses/Supplies-State Grants $ 27,500 $ 30,000 $ 21,328 $ 8,672 71.1%
Program Expenses/Supplies-Federal Grants 2,500 2,500 3,000 (500) 120.0%
Office Supplies 30,800 30,800 28,620 2,180 92.9%
Printing/Duplicating 12,500 14,000 13,167 833 94.1%
Postage 100 200 108 92 54.0%
Books 150,600 150,300 115,025 35,275 76.5%
Furniture 10,500 12,500 7,516 4,984 60.1%
Audio Visual Supplies 77,200 77,200 66,025 11,175 85.5%
Training/Conference/Food/Travel 5,300 6,000 4,239 1,761 70.7%
Computer Software - 1,000 360 640 36.0%
Computer Hardware - 4,400 3,457 943 78.6%
Office Equipment/Repairs & Maintenance 6,300 6,300 4,051 2,249 64.3%
Other Equipment - Lease 2,000 2,000 1,780 220 89.0%
Total Expenses 325,300 337,200 268,676 68,524 79.7%
Total Budget Balances & Expenses $ 325,300 $ 337,200 $ 268,676 $ 68,524 79.7%
10
Page 286
City of Dover
Finance Department
Monthly Report - May 2017
After School Program/Substance Abuse Prevention Fund
Revised 92%
Budget Budget YTD Balance Budget
Beginning Balance $ 60,300 $ 99,500 $ 99,453 $ 47 100.0%
Revenues
Grants Received 28,000 28,000 21,023 6,977 75.1%
Recreation Revenue 33,000 33,000 45,072 (12,072) 136.6%
Total Revenues 61,000 61,000 66,095 (5,095) 108.4%
Total Beginning Balance & Revenues $ 121,300 $ 160,500 $ 165,548 $ (5,048) 103.1%
Expenses
Temporary Help/Benefits $ 60,200 $ 60,200 $ 45,582 $ 14,618 75.7%
Program Expenses/Supplies 55,000 55,000 29,718 25,282 54.0%
Total Expenses 115,200 115,200 75,300 39,900 65.4%
Budget Balance - Working Capital 6,100 45,300 - 45,300 0.0%
Total Budget Balances & Expenses $ 121,300 $ 160,500 $ 75,300 $ 85,200 46.9%
City of Dover
Finance Department
Monthly Report - May 2017
CDBG Fund
Revised 92%
Budget Budget YTD Balance Budget
Beginning Balance $ 2,100 $ 2,100 $ 17,338 $ (15,238) 825.6%
Revenues
Grants Received 236,500 279,700 159,070 120,630 56.9%
Interest Earnings - - 244 (244) 0.0%
Total Revenues 236,500 279,700 159,314 120,386 57.0%
Total Beginning Balance & Revenues $ 238,600 $ 281,800 $ 176,652 $ 105,148 62.7%
Expenses
Closing Cost/Down Payment Program $ 50,000 $ 80,900 $ 69,102 $ 11,798 85.4%
Connection Community Support Program 7,200 9,800 2,945 6,855 30.1%
Dover Interfaith Ministry 22,000 22,000 22,000 - 100.0%
MHDC Emergency Home Repair 25,000 47,300 32,356 14,944 68.4%
Habitat For Humanity 30,000 3,000 2,953 47 98.4%
NCALL Research Inc. - 1,000 991 9 99.1%
Milford Housing H/O Rehabilitation 55,000 68,400 32,554 35,846 47.6%
Salaries 47,300 47,300 32,848 14,452 69.4%
NSP Expense - - 7,619 (7,619) 0.0%
Total Expenses 236,500 279,700 203,368 76,332 72.7%
Budget Balance - Working Capital 2,100 2,100 - 2,100 0.0%
Total Budget Balances & Expenses $ 238,600 $ 281,800 $ 203,368 $ 78,432 72.2%
11
Page 287
MONTHLY REPORT
May 2017
Page 288
Date Range: From 05/01/2017 to 05/31/2017
Incident Run Log Company: All Companies
Dover Fire Department Sorted by: Not selected
Date FDID Incident# Alarm ### Address Suite Type Lgth
05/01/2017 30046 2017-000411 12:32 879 N DUPONT HWY Public service assistance, other 0.6
05/01/2017 30046 2017-000412 19:07 59 PRIMROSE DR Building fire 1.2
05/01/2017 30046 2017-000413 23:49 1200 N DUPONT HWY False alarm or false call, other 0.1
05/02/2017 30046 2017-000414 18:51 BRADLEY RD Public service 1.2
05/03/2017 30046 2017-000415 14:42 1131 N DUPONT HWY Vicinity alarm (incident in other location) 0.3
05/03/2017 30046 2017-000416 19:18 120 HAMAN DR Heat from short circuit (wiring), defective/worn 0.5
05/03/2017 30046 2017-000417 19:46 1178 MADISON CT Overheated motor 0.3
05/04/2017 30046 2017-000418 09:40 360 TRIBBITT ST Dispatched & canceled en route 0.1
05/04/2017 30046 2017-000419 09:46 856 FOREST ST Fires in structure other than in a building 5.6
05/04/2017 30046 2017-000420 17:12 1210 WHITEOAK RD Good intent call, other 0.4
05/05/2017 30046 2017-000421 13:19 209 THORNTON ST Good intent call, other 0.6
05/06/2017 30046 2017-000422 09:09 50 N DUPONT HWY Sprinkler activation due to malfunction 0.3
05/06/2017 30046 2017-000423 12:10 419 S STATE ST Smoke detector activation, no fire - unintentional 0.3
05/06/2017 30046 2017-000424 21:46 225 S STATE ST Good intent call, other 0.3
05/08/2017 30046 2017-000425 11:04 120 N STATE ST Smoke detector activation, no fire - unintentional 0.1
05/09/2017 30046 2017-000426 22:20 125 HAMAN DR Smoke detector activation, no fire - unintentional 0.4
05/11/2017 30046 2017-000427 15:18 561 N DUPONT HWY Smoke detector activation due to malfunction 0.5
05/12/2017 30046 2017-000428 01:19 800 N STATE ST Malicious, mischievous false call, other 0.3
05/12/2017 30046 2017-000429 02:29 43 PINE ST Public service 0.3
05/12/2017 30046 2017-000430 07:27 541 BUCKSON DR Dispatched & canceled en route 0.0
05/12/2017 30046 2017-000431 12:26 121 S STATE ST System malfunction, other 0.2
05/12/2017 30046 2017-000432 12:36 207 W LOOCKERMAN ST Smoke detector activation, no fire - unintentional 0.1
05/12/2017 30046 2017-000433 21:11 642 S QUEEN ST 102 Good intent call, other 0.3
05/13/2017 30046 2017-000434 00:37 561 N DUPONT HWY Alarm system activation, no fire - unintentional 0.3
05/13/2017 30046 2017-000435 08:29 446 COUNTRY DR Cooking fire, confined to container 0.5
05/13/2017 30046 2017-000436 09:37 550 OTIS DR Overheated motor 0.6
05/13/2017 30046 2017-000437 10:43 1568 N DUPONT HWY Detector activation, no fire - unintentional 0.5
05/13/2017 30046 2017-000438 15:08 1 N AMERICAN AVE Cooking fire, confined to container 0.3
05/13/2017 30046 2017-000439 15:36 207 S GOVERNORS AVE Building or structure weakened or collapsed 0.8
05/13/2017 30046 2017-000440 18:36 STATE ROUTE1 Vehicle accident, general cleanup 0.5
05/13/2017 30046 2017-000441 22:52 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.1
05/14/2017 30046 2017-000442 03:38 2800 N DUPONT HWY Cooking fire, confined to container 0.5
05/15/2017 30046 2017-000443 08:08 120 N STATE ST Smoke detector activation, no fire - unintentional 0.1
05/15/2017 30046 2017-000444 16:18 111 WOLF CREEK BLVD Outside rubbish, trash or waste fire 0.4
05/15/2017 30046 2017-000445 20:20 30 BACON CT Outside rubbish, trash or waste fire 0.4
05/16/2017 30046 2017-000446 19:52 20 N BRADFORD ST Fire, other 1.1
05/17/2017 30046 2017-000447 08:27 411 COLLINS DR Fires in structure other than in a building 3.1
05/17/2017 30046 2017-000448 14:11 414 FEDERAL ST Good intent call, other 0.2
05/17/2017 30046 2017-000449 19:53 1574 N DUPONT HWY Malicious, mischievous false call, other 0.4
05/18/2017 30046 2017-000450 14:39 820 CARVEL DR F Steam, vapor, fog or dust thought to be smoke 0.3
05/18/2017 30046 2017-000451 16:20 1200 N DUPONT HWY Unintentional transmission of alarm, other 0.1
05/18/2017 30046 2017-000452 22:34 1155 WALKER RD Cooking fire, confined to container 0.3
05/19/2017 30046 2017-000453 11:39 899 WOODCREST DR Cooking fire, confined to container 0.3
05/19/2017 30046 2017-000454 12:59 2800 N DUPONT HWY Good intent call, other 0.4
05/19/2017 30046 2017-000455 14:54 1001 S BRADFORD ST 5 Brush or brush-and-grass mixture fire 0.2
05/19/2017 30046 2017-000456 18:55 435 S NEW ST Emergency medical service incident, other 0.6
05/20/2017 30046 2017-000457 08:40 823 W NORTH ST Authorized controlled burning 0.2
05/20/2017 30046 2017-000458 11:57 STATE ROUTE 1 Vicinity alarm (incident in other location) 0.5
05/20/2017 30046 2017-000459 12:46 734 BICENTENNIAL BLVD Medical assist, assist EMS crew 0.6
05/20/2017 30046 2017-000460 19:51 430 COLLEGE RD 100 Smoke scare, odor of smoke 0.4
05/20/2017 30046 2017-000461 21:11 39 N AMERICAN AVE Gas leak (natural gas or LPG) 0.4
05/21/2017 30046 2017-000462 11:17 506 E LOOCKERMAN ST Cooking fire, confined to container 0.3
05/21/2017 30046 2017-000463 12:49 739 HAZLETTEVILLE RD 0.7
05/21/2017 30046 2017-000464 16:47 735 BACON AVE Water or steam leak 1.0
05/21/2017 30046 2017-000465 23:17 320 BILLY MITCHELL LN Cooking fire, confined to container 0.5
05/22/2017 30046 2017-000466 02:35 1210 WHITEOAK RD Passenger vehicle fire 1.4
05/22/2017 30046 2017-000467 08:11 65 CARVER RD 0.7
05/22/2017 30046 2017-000468 10:03 600 JEFFERIC BLVD Smoke detector activation, no fire - unintentional 0.3
05/22/2017 30046 2017-000469 11:58 1368 ROSE VALLEY SCHOOL RD Lock-out 0.4
Date: 06/01/2017 Page: 1 Time:11:05
Page 289
Date FDID Incident# Alarm ### Address Suite Type Lgth
05/23/2017 30046 2017-000470 09:02 COLLEGE RD Good intent call, other 0.3
05/23/2017 30046 2017-000471 20:13 400 COUNTRY DR Smoke detector activation, no fire - unintentional 0.3
05/24/2017 30046 2017-000472 11:32 1200 N DUPONT HWY Smoke detector activation due to malfunction 0.5
05/24/2017 30046 2017-000473 13:20 851 CARVEL DR Public service assistance, other 0.2
05/24/2017 30046 2017-000474 21:25 1703 E LEBANON RD Extrication of victim(s) from vehicle 0.7
05/25/2017 30046 2017-000475 09:03 SHARON HILL RD Motor vehicle accident with injuries 0.5
05/25/2017 30046 2017-000476 18:07 1001 N DUPONT HWY 13 Hazardous condition, other 0.7
05/26/2017 30046 2017-000477 15:49 100 HAMAN DR Malicious, mischievous false call, other 0.1
05/26/2017 30046 2017-000478 16:55 280 COWGILL ST Animal rescue 0.5
05/27/2017 30046 2017-000479 18:11 237 PINE ST Smoke detector activation, no fire - unintentional 0.3
05/28/2017 30046 2017-000480 00:38 396 PARADEE DR Smoke detector activation, no fire - unintentional 0.4
05/28/2017 30046 2017-000481 13:34 135 LADY BUG DR Medical assist, assist EMS crew 0.4
05/28/2017 30046 2017-000482 17:06 NAULT RD Good intent call, other 0.3
05/28/2017 30046 2017-000483 17:21 1255 S STATE ST System malfunction, other 0.3
05/28/2017 30046 2017-000484 23:46 1255 S STATE ST Heat from short circuit (wiring), defective/worn 1.1
05/28/2017 30046 2017-000485 23:50 347 FREAR DR Smoke scare, odor of smoke 0.2
05/29/2017 30046 2017-000486 20:17 110 HAMAN DR Smoke detector activation, no fire - unintentional 0.2
05/29/2017 30046 2017-000487 21:05 990 WYOMING MILL RD Power line down 1.3
05/30/2017 30046 2017-000488 10:48 34 STARLIFTER AVE Alarm system activation, no fire - unintentional 0.3
05/30/2017 30046 2017-000489 16:36 2735 FORREST AVE Cooking fire, confined to container 0.4
05/30/2017 30046 2017-000490 18:09 1200 N DUPONT HWY Cooking fire, confined to container 0.8
05/30/2017 30046 2017-000491 18:31 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.2
05/30/2017 30046 2017-000492 20:38 425 COUNTRY DR Cooking fire, confined to container 0.7
05/31/2017 30046 2017-000493 06:16 114 LINDEN CT Good intent call, other 0.5
05/31/2017 30046 2017-000494 08:07 2 S BRADFORD ST Hazardous condition, other 0.3
05/31/2017 30046 2017-000495 13:29 209 S STATE ST Detector activation, no fire - unintentional 0.4
05/31/2017 30046 2017-000496 21:10 418 E WATER ST Detector activation, no fire - unintentional 0.3
Total Number of Incidents: 86
Total Length of Incidents: 45.0 Hours
Page 290
FY 16-17 City Funded Account Balance Sheet
ACCOUNT BUDGET SPENT BALANCE
Apparatus Repairs & Maintenance $ 91,300.00 $ 124,003.89 $ (32,703.89)
Building Maintenance Supplies $ 1,500.00 $ 567.48 $ 932.52
Contract Services-Admin Assist $ 16,000.00 $ 3,669.13 $ 12,330.87
Contractual Services $ 9,000.00 $ 9,000.00
Electricity $ 45,000.00 $ 33,873.95 $ 11,126.05
Gasoline $ 15,000.00 $ 9,952.93 $ 5,047.07
Heating Expenses- Gas $ 12,000.00 $ 9,902.23 $ 2,097.77
Medical Supplies $ 1,000.00 $ 438.38 $ 561.62
Office Supplies $ 1,500.00 $ 451.94 $ 1,048.06
Other Equipment Repairs $ 1,500.00 $ 5,113.48 $ (3,613.48)
Program Expenses $ 45,000.00 $ 40,381.85 $ 4,618.15
Radio Repairs $ 2,000.00 $ 1,000.45 $ 999.55
Safety & Security $ 1,500.00 $ 401.45 $ 1,098.55
Small Tools $ 3,500.00 $ 5,025.06 $ (1,525.06)
Telephone $ 9,000.00 $ 6,911.33 $ 2,088.67
Training & Travel $ 10,000.00 $ 10,364.95 $ (364.95)
Gear money taken out
Uniforms & Firefighting Gear $ 30,000.00 $ 4,612.11 $ 25,387.89 of Company budget
Water/ Sewer $ 2,500.00 $ 2,189.07 $ 310.93
Page 291
1:23 PM Robbins Hose Company # 1, Inc.
06/25/17
Accrual Basis Profit & Loss Detail
May 2017
Type Date Num Name
Ordinary Income/Expense
Expense
Apparatus