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Page 1
REGULAR COUNCIL MEETING
The Regular Council Meeting was held on December 10, 2018 at 7:30 p.m. with Council President
Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis,
Mr. Cole, Mr. Polce (departed at 8:21 p.m.), Mr. Hare, and Mr. Lindell.
Staff members present were Deputy Police Chief Stump, Ms. Peddicord, Mrs. Mitchell,
Mrs. Melson-Williams, Fire Chief Carey, City Solicitor Rodriguez, and Mrs. McDowell.
Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President 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. El Ronnier Henry, 953 Myers Lane, Seaford, Delaware, noting that he is currently visiting his
girlfriend who lives at 218 North Kirkwood Street in Dover, Delaware, spoke about discrimination
that is being applied within the City when it comes to the regulation of private property and
consumer goods. He advised that he was told that he had to have his car registered with DMV or
it would be towed. Mr. Henry stated that towing his car would be against the law because UCC
382A, which deals with consumer goods for automobiles for traveling purposes, states that
automobiles are exempt from taxation, and vehicles for hire or commercial purposes are subject to
taxation.
The invocation was given by Bishop Thomas L. Holsey, followed by the Posting of the Colors and
the Pledge of Allegiance led by Cub Scout Pack 109 of Magnolia.
AGENDA ADDITIONS/DELETIONS
Mr. Sudler moved for approval of the agenda, seconded by Mr. Neil and unanimously carried.
Mr. Lewis requested that item #10, Reappointments Recommended by Mayor Christiansen - Board
of Adjustment, be removed from the consent agenda.
Mr. Neil moved for approval of the consent agenda, as amended, seconded by Mr. Lindell and
carried by a unanimous roll call vote.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF NOVEMBER 13, 2018
The Minutes of the Special Council Meeting of November 13, 2018 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 13, 2018
The Minutes of the Regular Council Meeting of November 13, 2018 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of
Mayor Christiansen.
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 2
RESOLUTION NO. 2018-13 - COUNCILMAN BRIAN E. LEWIS
The City Clerk read into the record proposed Resolution No. 2018-13 recognizing Councilman
Brian E. Lewis’ service to the City of Dover.
By motion of Mr. Sudler, seconded by Mr. Lindell, Resolution No. 2018-13 was unanimously
adopted, as follows:
WHEREAS, Brian E. Lewis was appointed to the Dover Human Relations Commission on
October 13, 2008, serving until February 22, 2010, and was sworn into office as Councilman of the
Second District on May 11, 2015 and served with distinction until December 27, 2018; and
WHEREAS, throughout his tenure, Brian E. Lewis served as Chair of the Safety Advisory and
Transportation Committee, and as a Member of the Construction Code Appeals Committee,
Construction and Property Maintenance Code Board of Appeals, General Employee Pension Plan
Board, Parks, Recreation, and Community Enhancement Committee, Police Chief Selection
Committee, and the Police Pension Plan Retirement Committee; and
WHEREAS, Brian E. Lewis demonstrated dedication to protecting the citizens of Dover. He served
with sincere concern/or his community and his hands-on involvement was evident by his
participation in neighborhood and community improvement events. He was a bold advocate for both
the youth of Dover and the homeless community and has always placed the concerns and views of
his constituents in the fore.front. Brian E. Lewis will always be remembered as a voice for the
people.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council congratulate
Brian E. Lewis on his election as Kent County Sheriff, recognize that he will be sorely missed, and
wish him and his family success in all future endeavors.
BE IT FURTHER RESOLVED that the Mayor and Council express their sincere appreciation to
Brian E. Lewis and his family for the dedicated years of service and personal sacrifices made on
behalf of the City of Dover and direct the City Clerk to make this resolution a part of the permanent
records of the City of Dover as a lasting symbol of appreciation and gratitude.
ADOPTED: DECEMBER 10, 2018
On behalf of the Mayor, Council, and the citizens of the City of Dover, Mayor Christiansen
presented the Resolution, a Dover Cup, and a key to the City to Councilman Brian E. Lewis as
tokens of appreciation for his service to the City.
Councilman Lewis thanked God for allowing him to serve as a Councilman for the City and
extended his gratitude to the citizens of the Second District who entrusted him to represent them. He
stated that it had been an honor and a privilege to be a Dover City Councilman, and that he will miss
many people that he had the pleasure and opportunity to interact with during his term. Councilman
Lewis advised that the most important lesson that he learned as a Councilman was to have the
courage to do what you believe is morally right. A friend once told him that if something out there
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 3
was preventing you from being who you really are, fight. Councilman Lewis stated that he has
always believed in making, or having, an impact today rather than leaving a legacy for tomorrow.
He advised that when he decided to enter the political arena some years ago, starting with the school
board, a family friend simply told him, "The approach to public office is simple. Be honest and
accessible." Councilman Lewis advised that, as he moves forward, he thanks his colleagues on
Council for their public service, noting that what they do is not easy, especially when trying to build
a better future in this City for the days that lie ahead, and that, although they have not always agreed
or gotten along, he believes they all serve to try and make a difference and that their best beliefs
about each other and themselves can one day become the reality upon which this City is built.
CERTIFICATE OF APPRECIATION - SENATOR BRIAN J. BUSHWELLER
The City Clerk read the following Certificate of Appreciation into the record:
CERTIFICATE OF APPRECIATION
Presented to
The Honorable Brian J. Bushweller
State Senator 17th District
It is with heartfelt gratitude and appreciation that we recognize
the ten years of dedicated service to the citizens of the City of Dover and State of Delaware.
His dedication and commitment to the betterment of all his constituents shall be long
remembered. We appreciate his generous annual allotment of Community Transportation Fund
contributions for improvements to the sidewalk and street network throughout the
City of Dover, as well as, securing other funds for the Dover Police and Fire Departments and
other projects, too numerous to mention.
Best wishes for a happy retirement to Senator Brian J. Bushweller,
his wife, Rocky, and his extended family.
December 10, 2018
Mayor Christiansen stated that Senator Bushweller had done an exemplary job representing the
17th Senatorial District, but particularly the City of Dover. He presented the Certificate of
Appreciation and a Dover Cup to Senator Bushweller in appreciation for his work in the Senate.
Mr. Neil advised that he began his professional career as a newsman, an observer, trained to pull
together facts, duly reporting them to the public without embellishment or personal interpretation.
He noted that, early in his career, he came to the conclusion that elected officials fall into several
categories. Some of them, not so nice. Then there are those who examine issues, ask questions, learn
about the subject and make decisions, while not easy or politically expedient, vote for what they
believe is best for the general welfare for the nation and/or state and the people they serve. These
individuals are called statesmen or stateswomen. Mr. Neil noted that, in the 85 years of his
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 4
existence, he had not changed his mind as to what constitutes the best of the best and
Brian Bushweller is a statesman.
Mr. Neil stated that, since coming to Delaware, he had been fortunate to have been represented by
two extraordinary statesmen, Senator Bushweller and previously by Senator Bruce Ennis. As a
relative newcomer to the role of elected official, he stated that Brian Bushweller was a model to be
emulated.
Senator Bushweller advised that what he liked best about being the State Senator for the 17th District
was that he loved the opportunity that being a State Senator gave him to work with other people in
the community who themselves are committed people trying to do good things. He noted that there
are a bunch of people who work hard at trying to do good things for our community, and for the past
10 years he had the opportunity to work with all of them on something good for the people of Dover
and for the people of the 17th District.
Senator Bushweller noted that he and his wife, Rocky, came to Dover 37 years ago with a plan to
move off to bigger and better things; however, they quickly became aware that, especially with five
kids, Dover was a great place to live, and they gave up on the idea of leaving town. He advised that
he was very appreciative of the recognition and the opportunity to work with the City over many
years, and that he looked forward to working together on a continuing basis into the future.
Senator Elect Trey Paradee, Senator Bushweller’s successor, advised that there are dozens of
workers whose jobs are more secure and thousands of college students at DelTech and Del State
whose college education is more attainable because of the work of Brian Bushweller and that, to him,
is what the legacy of Brian Bushweller will be going forward for many, many years to come.
Senator Bushweller thanked Senator Elect Paradee for making the decision not to run for re-election
easier for him.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
EMERGENCY CASE - PROPERTY LOCATED AT 350 MARTIN STREET, OWNED BY
GLENN R. DAVIS AND WILLIAM F. DAVIS (LTR)
In accordance with Chapter 22, Article XI - Dangerous Buildings, Sec. 22-388 - Emergency cases,
of the Dover Code, in cases where it reasonably appears that there is an immediate danger to the life
or safety of any person, unless a dangerous building is immediately repaired, vacated and closed, or
demolished, the building inspector shall report such facts to the council, which may cause the
immediate repair, vacation, or demolition of such dangerous building. A public hearing was duly
advertised for this time and place to consider a violation of the Dangerous Building Ordinance at
350 Martin Street, owned by Glenn R. Davis and William F. Davis (LTR).
Mr. Tim Taraila, Code Enforcement Supervisor, and Mr. Jason Osika, Fire Marshall, reviewed a
presentation depicting the condition of the property and providing a chronological history of the
property (Exhibit #1).
Staff recommended: 1) Declaring this building and all accessory structures on this property
dangerous; 2) Ordering the property demolished or repaired by December 26, 2018 by the owner or
equity owner at their own risk; 3) Ordering the Fire Marshal and Chief Code Enforcement Officer
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 5
to cause the demolition of the structures if not completed by the owner within 10 days of the date
established by City Council; 4) Ordering the City Manager with the assistance of the City Solicitor
to cause the cost of demolition to be charged against the land on which the building exists as a
municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied
as a special tax, or to be recovered in a suit at law against the owner.
Responding to Mr. Sudler, Mr. Taraila advised that all of the outstanding bills would not have to be
satisfied before the property owner is able to obtain a demolition permit. Mr. Osika advised that it
was an undetermined fire and that the case is still open.
Mr. Polce, noting that the building was deemed uninhabitable in 2014, asked what they need to do
as a Council to ensure that blighted buildings, that are probably used for illicit behavior and activity,
do not continue accruing structural issues for four years, leading to a cost to the Fire Department to
respond to the fire and putting lives at risk.
Responding, Mr. Osika stated that the City currently has a great vacant building program with a code
enforcement officer assigned strictly to vacant buildings. He noted that all vacant buildings are
registered and there is a good record of what is vacant. Mr. Osika stated that the property owner,
the fire department, and the police department are all notified when a property is registered as vacant.
He advised that code enforcement sends notices to the property owner regarding repairing or
maintaining the property. If they are not repaired, they begin the violation of the dangerous building
process. Mr. Osika noted that the demolition list must be prioritized according to the condition of
the property and the amount of funding available for demolition. He stated that this property was
not in the worst condition originally and was still structurally intact; however, the fire caused it to
be secured by the code enforcement officers and it has moved up the list because of its current
condition.
Mr. Sudler asked if the property owner was contacted to secure the property. Responding, Mr. Osika
advised that they try to have the owner take care of as much as they can. If it becomes a problem,
the police will call code enforcement and they will board the property themselves or have contractors
do the work. Mr. Osika noted that the cost of the materials is billed to the property.
Mr. Sudler asked if more staff was necessary to monitor the vacant or abandoned properties to see
if people are in the properties and to check for fire hazards. Mr. Osika advised that the staffing
requests had been presented to the City Manager for consideration during the budget process.
Council President Slavin declared the public hearing open and, with no one being present wishing
to speak, the public hearing was closed.
Staff recommended: 1) Declaring this building and all accessory structures on this property
dangerous; 2) Ordering the property demolished or repaired by December 26, 2018 by the owner or
equity owner at their own risk; 3) Ordering the Fire Marshal and Chief Code Enforcement Officer
to cause the demolition of the structures if not completed by the owner within 10 days of the date
established by City Council; 4) Ordering the City Manager with the assistance of the City Solicitor
to cause the cost of demolition to be charged against the land on which the building exists as a
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 6
municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied
as a special tax, or to be recovered in a suit at law against the owner.
Mr. Anderson moved for approval of Staff’s recommendation. The motion was seconded by
Mr. Neil and carried by a unanimous roll call vote.
REZONING REQUEST - PUBLIC HEARING/FINAL READING OF PROPOSED
ORDINANCE #2018-11
A public hearing was duly advertised for this time and place to consider the rezoning of property
located at 971, 975, 983, 987, and 991 Forest Street, 21 and 27 Saulsbury Road, and 20 and 30
Carver Road, consisting of nine (9) parcels of land totaling 2.32 +/- acres, owned by Faithwork LLC
and Paul Davis and Justine J. Davis (Paul and Justine Davis Revocable Trust). The properties are
currently zoned IO (Institutional and Office Zone), C-1A (Limited Commercial Zone), and C-PO
(Commercial and Professional Office Zone) subject to the COZ-1 (Corridor Overlay Zone) and the
proposed zoning is C-2A (Limited Central Commercial Zone) subject to the COZ-1 (Corridor
Overlay Zone). (Tax Parcels: ED-05-076.07-01-62.00-000, ED-05-076.07-01-37.00-000,
ED-05-076.07-01-36.00-000, ED-05-076.07-01-35.00-000, ED-05-076.07-01-34.00-000, ED-05-076.07-01-38.00-000,
ED-05-076.07-01-39.00-000, ED-05-076.07-01-61.00-000, and ED-05-076.07-01-60.00-000; Planning Reference:
Z-18-03; Council District: 4).
Mr. Neil moved that the Final Reading of Proposed Ordinance #2018-11 be acknowledged by
title only, seconded by Mr. Lindell and unanimously carried. (The First Reading of the
ordinance was accomplished during the Council Meeting of October 22, 2018.)
Planner's Review
Mrs. Dawn Melson-Williams, Principal Planner, reviewed the petition to amend the zoning district
and the findings and recommendations of the Planning Commission. She noted that the Planning
Commission recommended approval of the rezoning request.
Mr. Sudler asked if how the rezoning might affect some of the residents in that area had been
considered or if they had received any input from the residents. Responding, Mrs. Melson-Williams
advised that no members of the public spoke during the Planning Commission Public Hearing. She
noted that the Comprehensive Plan identifies this block, which is bounded by Carver Road, as a
commercial area and the Lincoln Park area is more of a residential land use classification.
Mrs. Melson-Williams noted that a legal ad was placed in the local newspaper and a notice of that
evening’s public hearing was physically posted on the property with a bright yellow sign.
Public Hearing
Council President Slavin declared the public hearing open.
Mr. Tolano Anderson, 50 Dove Creek Terrace, Dover, advised that he was the owner of
Faithwork, LLC, and that over the past decade and a half, he and his wife have gone through the
process of accumulating the properties and have recently joined with Mr. Paul Davis. He stated that
they are excited about their project and the business opportunities and the potential for creating jobs.
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 7
Mr. Anderson noted that the process has been really good and that they have worked well with the
Planning Staff and Development Advisory Committee (DAC) and they were happy to have the Staff
recommendation of support. He stated that they have no objections to combine the three different
zones into one zone, and do not object to the properties being subject to the Corridor Overlay Zone.
Mr. Anderson advised that they have had several meetings with the Delaware Department of
Transportation (DelDOT) and the traffic impact study is going to help them formulate their plan and
engineer the traffic flows associated with this project.
Mr. Paul Davis, 5233 South DuPont Highway, Dover, stated that he and his wife, Justine Davis, own
the two parcels around the corner, which is currently the Subway property. He advised that they met
with Mr. Anderson and are working on a plan to develop the whole area. Mr. Davis stated that he
was a big supporter of economic development and creating jobs and that they were very excited
about the project. He also thanked the Planning staff and all involved and requested support for their
application.
There being no one else present wishing to speak, Council President Slavin declared the hearing
closed.
Mr. Hare moved for approval of the rezoning request, as recommended by the Planning
Commission. The motion was seconded by Mr. Neil and, by a unanimous roll call vote,
Council adopted Ordinance #2018-11, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES
LOCATED AT 971, 975, 983, 987, AND 991 FOREST STREET, 21 AND 27 SAULSBURY
ROAD, AND 20 AND 30 CARVER ROAD
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from IO (Institutional and Office Zone), C-1A (Limited Commercial
Zone), and C-PO (Commercial and Professional Office Zone) subject to the COZ-1 (Corridor
Overlay Zone) to C-2A (Limited Central Commercial Zone) subject to the COZ-1 (Corridor Overlay
Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the zoning designation from
IO (Institutional and Office Zone), C-1A (Limited Commercial Zone), and C-PO
(Commercial and Professional Office Zone) subject to the COZ-1 (Corridor Overlay Zone)
to C-2A (Limited Central Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone)
on that property located at 971, 975, 983, 987, and 991 Forest Street, 21 and 27 Saulsbury
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 8
Road, and 20 and 30 Carver Road, consisting of nine (9) parcels of land totaling 2.32 +/-
acres, owned by Faithwork LLC and Paul Davis and Justine J. Davis (Paul and Justine Davis
Revocable Trust).
(Tax Parcels: ED-05-076.07-01-62.00-000, ED-05-076.07-01-37.00-000, ED-05-076.07-01-36.00-000,
ED-05-076.07-01-35.00-000, ED-05-076.07-01-34.00-000, ED-05-076.07-01-38.00-000,
ED-05-076.07-01-39.00-000, ED-05-076.07-01-61.00-000, and ED-05-076.07-01-60.00-000; Planning
Reference: Z-18-03; Council District 4)
ADOPTED: DECEMBER 10, 2018
ECONOMIC DEVELOPMENT COMMITTEE REPORT - OCTOBER 9, 2018
The Economic Development Committee met on October 9, 2018 at 4:49 p.m. with
Mayor Christiansen presiding. Members present were Mr. Hare, Mr. Cole,
Mrs. Mitchell, Mr. Hugg, Ms. Laird, Mrs. Adams (arrived at 4:52 p.m.), and
Mr. Hammond.
Update - Federal Opportunity Zone Program (Patricia Cannon, State Division
of Small Business)
Ms. Patricia Cannon, Director of Special Projects at the Department of State Division
of Small Business, provided members with information regarding the Federal
Opportunity Zone Program. She explained that Opportunity Zones are an economic
development tool designed as revitalization programs in economically-distressed
communities in Delaware and in other communities by providing tax benefits to
investors. Ms. Cannon informed members that the Governor nominated 25 census
tracts as Opportunity Zones in Delaware and they were designated by the
U.S. Department of Treasury. She stated that the Governor wanted staff to start and
build around the Downtown Development Districts because that initiative is already
underway and entices investors to invest in those specifically targeted areas.
Ms. Cannon noted that since the Opportunity Zone Program is a federal program it
offers stackable tax credits and incentives, explaining that investors could potentially
qualify for a downtown development incentive, a historical tax credit, a low income
tax credit, and an Opportunity Zone tax benefit. She stated that it’s now a matter of
trying to get investors to invest in Delaware, so the Department of State Division of
Small Business has been tasked with developing presentations for the Governor to
tell the Delaware story. Ms. Cannon advised members that she needs Dover to come
up with specific projects that will entice investors to invest in the Downtown Dover
District.
Mrs. Mitchell asked if the City is eligible for the funding since it is tax exempt.
Responding, Ms. Cannon stated that she believed so. She stated that she was not a
lawyer, however, it was her understanding that the City would create the fund and if
the City owned a piece of property it could donate the property to the fund, and the
current value of the property would be the value of the investment. Then you
renovate the property and sell it for five times what you paid for it. Since the City
is tax exempt, it will get the revenue and not pay any tax anyway but if the City had
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 9
a partner in the fund who was not tax exempt, they would get the profits if they left
them in the fund for 10 years and would not have to pay the capital gains tax.
Mr. Hugg noted that one of the keys to this program is setting up an Opportunity
Zone fund prior to making an investment a project. He stated that City staff had
reached out to some of the known potential investors in Dover to advise them to talk
to their tax attorneys and accounts about this program. He informed members that
virtually all of the downtown and west side of Dover are in the distressed census tract
and eligible for these types of projects, and it is important for members to add this
program to their repertoire of talking points, especially when talking with potential
developers.
Responding to Mr. Hammond, Ms. Cannon stated that it this program does
incorporate residential housing and commercial development. She explained that it
is their ideal that it really touches all aspects.
Ms. Cannon advised that there is a real sense of urgency to identify shovel-ready
projects because the law requires investments to be made by December 31, 2019.
She stated that a member of Congress had already tried to pass a bill to renew the
program and to be able to assign new census tracts in 10 years, however, it is
currently a fixed law.
Mr. Cole asked if the City qualified for the program and moved forward on a project,
would the City then be responsible for any outlays in the next fiscal year. In
response, Mrs. Mitchell stated her understanding was that it sounded like the outlays
would be coming from the fund. As she understood it, the fund would be setup with
its own set of guidelines and the City would have to follow those guidelines.
Mr. Hugg noted that Ms. Cannon is also the City’s contact for Foreign Trade Zone
designation and there have been discussions regarding whether any part of the
Garrison Tract might be eligible for and whether it might make sense or not to look
into a Foreign Trade Zone designation.
Mayor Christiansen asked whether consideration had also been given to the eligibility
for the Kent Aero Park on Horse Pond Road to be designated as a Foreign Trade
Zone. Responding, Mr. Hugg noted that it was a good question and indicated that he
thought it would be eligible.
Ms. Cannon advised members that a couple of years ago Delaware was the first state
in the country to be approved as an alternative site framework. She explained that
prior to that a Foreign Trade Zone had to be the point of entry, which in Delaware
meant the Port of Wilmington or a contiguous site to that port. Ms. Cannon stated
that with the alternative site framework the entire state of Delaware is considered
contiguous to the port, so any parcel is eligible.
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 10
Ms. Cannon noted that the State uses an attorney located in Kansas City, Missouri,
explaining that there are two (2) law firms in the United States who specialize in
Foreign Trade Zones and they use the same one that John Pastor has used since 1986.
She advised that he was planning to come to Delaware on October 30 for a meeting
with Sussex County regarding their airport, and if the City would like, she would be
happy to schedule some time to stop in Dover for staff to explore some ideas with
him. Ms. Cannon noted that the funds collected for that are restricted federal funds
that she can only use to market the Foreign Trade Zone, so she can pay him to come
and answer questions if that would be helpful.
Update - Draft 2019 Comprehensive Plan, Chapter 10 - Economic Development
Mr. Dave Hugg, Director of Planning and Community Development, reviewed
Chapter 10: Economic Development Plan, Goals, Recommendations and Actions -
Preliminary Review Draft, dated October 5, 2018, explaining that the Draft 2019
Comprehensive Plan would be issued in its entirety for public comment and
ultimately submitted to Council and the Planning Commission for consideration and
approval. He stated that he was looking for input or feedback, so that everyone is on
the same page and the City has a sound and cohesive economic development
planning strategy for the next 10 years.
Mayor Christiansen asked members to review the Goals and Recommendations for
discussion during the Economic Development Committee meeting scheduled for
November 14, 2018.
Ms. Adams noted that Goal 8 - Promote inclusive workforce development programs,
strategies and partnerships, especially for disadvantaged groups, was one of the most
important to her. She explained that you have to have the workforce to support
businesses before you can bring businesses here. Ms. Adams advised that she
struggles with having the workforce to support her business. She noted that she is
a hub zone company for Downtown Dover and she wouldn’t dare move her business
right now because the hub zone areas are shrinking.
Mr. Hammond stated that he thought the Goals and Recommendations were very
comprehensive, especially in regard to healthy living, noting that there are some
major issues regarding healthy living and quality of life in the Dover community.
Report - Site Tour for Kent Economic Partnership (KEP) and Delaware
Prosperity Partnership (DPP)
Mr. Dave Hugg, Director of Planning and Community Development, advised
members that Ms. Linda Parkowski, Executive Director of the Kent Economic
Partnership (KEP), and Mr. Kurt Foreman, CEO of Delaware Prosperity Partnership
(DPP), requested a tour of available properties in Dover. He stated that as they
toured Dover, they tried to identify a number of possible industrial or manufacturing
sites that might be attractive to market. Mr. Hugg provided an overview of the
11 areas identified, as depicted on the Dover Industrial Tour: Area Overview map.
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 11
Ms. Parkowski advised members that she had toured the County and Mr. Hugg had
provided one of the best tours. She stated that she received a nice booklet, all of the
properties were really well defined, and she learned a lot. Ms. Parkowski noted that
since starting her job with KEP, she had discovered that all of the really developable
properties are in the municipalities of Dover, Smyrna, Milford, and Harrington; the
County really doesn’t have that much land of their own that is available for
commercial or industrial development. She stated that most of the economic
development that KEP is going to do will be in conjunction with the municipalities
and they have been working toward that.
Ms. Parkowski provided members with an update regarding the Air Cargo
Ramp/Civil Air Terminal, noting that the 50-year use agreement was close to being
signed. She advised that it was pending an environmental assessment because they
increased the numbers of take offs and landings. Ms. Parkowski expressed KEP’s
appreciation for the City doing its part by designating a new zoning classification.
She stated that KEP would like to see that entire area master planned. Ms. Parkowski
noted that one of the targeted industries for the County from the economic analysis
study was warehouse and distribution and KEP thinks that warehousing distribution
goes really well with air cargo. She stated that while they are waiting on the
completion of the environmental assessment, the Delaware Department of
Transportation (DelDOT) and KEP have been bringing in site selectors, aviation
consultants, and people who deal with air cargo logistics to have them assess the site.
In addition, they are trying to find consultants who can find an investor or developer
that would take on this project.
Ms. Parkowski advised members that, in its Comprehensive Plan, the County had
designated Employment Zones for future land use strategy. She stated that it had
designated one as the Aero Park on Horse Pond Road and another in the area of the
Little Heaven Interchange. Ms. Parkowski informed members that the County
Planning Office was working on developing ordinances for those Employment Zones
and planned to have an ordinance available for public workshops on October 29 and
30, 2018 for the South Fred Interchange. She stated that they had not designated the
area around DE Turf as an Employment Zone, however, it is targeted for rezoning in
the future land use strategy. Ms. Parkowski advised that the KEP was waiting to
review the ordinance to see what the allowable uses will be, however, she noted that
it was very good that the County identified jobs and economic development as key
factors in its Comprehensive Plan. She stated that the Employment Zone designation
is looking to the future and will be helpful to the KEP as it moves forward.
By consent agenda, Mr. Neil moved for acceptance of the Economic Development Committee
Report, seconded by Mr. Lindell and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 12
ECONOMIC DEVELOPMENT COMMITTEE REPORT -
NOVEMBER 14, 2018
The Economic Development Committee met on November 14, 2018 at 4:32 p.m.
with Mayor Christiansen presiding. Members present were Mr. Hare, Mr. Cole,
Mrs. Mitchell, Mr. Hugg, Ms. Laird, and Mrs. Adams. Mr. Hammond was absent.
Draft 2019 Comprehensive Plan, Chapter 10 - Economic Development Plan
During their meeting of October 9, 2018, members reviewed Chapter 10: Economic
Development Plan, Goals, Recommendations and Actions - Preliminary Review
Draft, dated October 5, 2018.
Mr. Dave Hugg, Director of Planning and Community Development, advised that
staff’s deadline was to complete the 2019 Draft Comprehensive Plan before the end
of the year and asked members to submit their input regarding Chapter 10 as soon as
possible. He noted that this would not be the only opportunity for them to provide
input because the entire preliminary document would be presented to City Council
and the Planning Commission for approval prior to submission to the State for
certification.
Mr. Hugg noted that since the Committee reviewed Chapter 10 in October, all of the
recommendations had been circulated to City staff for their input and several
questions and suggestions were received. He stated that Mrs. Donna Mitchell, City
Manager, had raised some questions regarding Goal 1, Recommendation 2 - Develop
Effective Protocols for Business Attraction and Retention, and Goal 5,
Recommendation 11 - Encourage the use of Garrison Oak as a potential site for
green, alternative and low-carbon energy plant(s), and for large technological and
manufacturing firms that support these industries. Mr. Hugg explained that Goal 1,
Recommendation 2 deals with clarifying the point of contact for economic
development and developing protocols for managing City facilities, like Garrison
Oak Technical Park. He noted that she thought that the City should resolve those
issues prior to issuing the Comprehensive Plan, rather than including them as
recommendations. In regard to Goal 5, Recommendation 11, Mr. Hugg stated that
Mrs. Mitchell questioned whether encouraging the use of Garrison Oak as a potential
site for green, alternative and low-carbon energy plant(s), and for large technological
and manufacturing firms that support these industries might unduly limit the City’s
ability to market it for various types of uses. He indicated that he agreed, and that the
City needed to be careful not to limit itself, particularly since the City was in the
process of trying to redefine the Park and develop a marketing strategy.
Mr. Hugg stated that in regard to Goal 8, Recommendation 15 - Support the
development of workforce development programs, strategies and partnerships that
increase training and employment opportunities for all residents, especially for youth
and young adults, and for low income, communities of color, people with disabilities,
ex-offenders, and others that face economic injustices and barriers to employment,
Mrs. Mitchell advised that she was currently working on this for City recruitment and
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 13
staffing and had met with the school districts. He noted that he thought that the
Comprehensive Plan simply needed to reference that point.
Mr. Hugg informed members that Mr. Jim Robinson, Electric Director, also
submitted a comment regarding Chapter 10. Mr. Robinson suggested the inclusion
of a recommendation related to Smart City initiatives.
Mayor Christiansen asked whether Mr. Hugg was seeking endorsement of the
concepts from the Committee. Responding, Mr. Hugg stated that endorsement would
be great, with the understanding that any endorsement is not binding, it is simply to
move forward with the process. He indicated that his primary goal was to determine
if members had any concerns or suggestions with the draft Goals and
Recommendations.
Mr. Cole moved to recommend that staff move forward with Chapter 10 of the Draft
Comprehensive Plan, with the inclusion of the recommendations of Mrs. Donna
Mitchell, City Manager, and Mr. Jim Robinson, Electric Director, seconded by
Mrs. Mitchell.
Mr. Hare, referring to the first bullet point under Goal 1, Recommendation 2, noted
that “point-of-contract” should be changed to “point-of-contact.”
Responding to Mrs. Mitchell, Mr. Hugg stated that there is opportunity for unofficial
and official public comment. He advised that the Draft Goals and Recommendations
were circulated to several stakeholders, including the Kent Economic Partnership of
Greater Delaware, the Chamber of Commerce. Mr. Hugg explained that the next step
will be to put together the first draft of the preliminary Plan which will be issued for
public review and comment, followed by a presentation of a preliminary draft Plan
to Council and the Planning Commission, further opportunity for public review, and
then back to Council and Planning Commission for approval.
Mr. Hare asked if the City was involved with the County in Goal 8, Recommendation
15 - Support the development of workforce development programs, strategies and
partnerships that increase training and employment opportunities for all residents,
especially for youth and young adults, and for low income, communities of color,
people with disabilities, ex-offenders, and others that face economic injustices and
barriers to employment. He noted that a recent newspaper article questioned what
the City was doing for the homeless, and he wondered what the County was doing.
Mr. Hare stated that he did not think that it should all on the City, and he would like
to see the County have a stake in it as well. Responding, Mr. Hugg stated that he did
not know what the County was doing with regard to workforce development,
however, he had met with the County regarding the Comprehensive Plan review and
this may be a point that the City wants to address with them. He noted that the
County adopted its Comprehensive Plan about a month ago; however, he could not
recall whether they address this topic. Mayor Christiansen advised that the County
Comprehensive Plan had been certified by the Governor.
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 14
In regard to workforce development programs, Mr. Hugg advised that City staff is
working very closely with the four (4) institutions of higher education in Dover,
particularly DelTech, to try to match the economic trends and opportunities in Dover
with the opportunities for people to be trained and educated for the jobs of the future.
He stated that this was an issue that he knew Wilmington University had thought
about for their programs in Dover, noting that they’re doing a lot with information
technology and data analytics. Mr. Hugg stated that these programs are aimed at
ensuring that there are jobs in Dover or Kent County for Delaware graduates.
Mayor Christiansen noted that the Kent Economic Partnership (KEP) has a
Workforce Development Committee in place under the leadership of Executive
Director Linda Parkowski. He stated that the Committee is fully funded, partially by
Kent County. Mayor Christiansen suggested that the City coattail on the KEP.
Mr. Hugg stated that he would take another look at this recommendation and the
efforts of the KEP.
Mrs. Mitchell expressed concern with multiple committees, organizations, and
agencies doing the same things. She stated that if KEP was taking on the charge of
workforce development, the City should let them handle it. Mayor Christiansen
stated that he agreed with Mrs. Mitchell, noting that the City makes a substantial
contribution to the KEP too.
Mayor Christiansen asked if it was the recommendation of the Committee to strike
Goal 8, Recommendation 15 from Chapter 10 of the Comprehensive Plan.
Responding, Mr. Hare stated that he did not think that the City should be investing
time and employee efforts to duplicate the work of the KEP. Mr. Cole stated that he
agreed but indicated that he did not think the City wanted to lose the overall goal and
suggested rewording it instead. Mr. Hugg stated that he will review what KEP is
doing, and reexamine this goal and recommendation to make sure it is reflective of
members’ comments and what the county is proposing. Mayor Christiansen
reminded members that the City is involved since there are City representatives on
the KEP Board as well as the Greater Kent Committee, both of which are working
on these goals. He indicated that he thought that the City should let them handle this
matter. Mr. Hare suggested rewording the recommendation to reflect that the KEP
is the leader and the City will support their efforts.
Responding to Mayor Christiansen, Mr. Cole and Mrs. Mitchell agreed to amend the
motion to reflect that the draft language be brought back to the Economic
Development Committee.
The Committee recommended continuing forward with the current verbiage with the
caveat that they have concerns, and that staff bring the draft language back to the
Economic Development Committee meeting on January 15, 2019.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 15
Proposed Resolution No. 2018-12 Proposing to Change the Name of Garrison
Oak Technical Park to Garrison Oak Business and Technology Center
Mr. Dave Hugg, Director of Planning and Community Development, reviewed
Proposed Resolution No. 2018-12, explaining that changing the name of Garrison
Oak Technical Park to Garrison Oak Business and Technology Center would broaden
the scope to appeal to different types of businesses that may want to purchase or lease
property within the Park.
The Committee recommended adoption of Proposed Resolution No. 2018-12.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation. The
motion was seconded by Mr. Lindell and, by a unanimous roll call vote, Resolution
No. 2018-12 was adopted, as follows:
A RESOLUTION PROPOSING TO CHANGE THE NAME OF THE GARRISON OAK
TECHNICAL PARK TO GARRISON OAK BUSINESS AND TECHNOLOGY CENTER
WHEREAS, the City of Dover acquired the property known as the “Garrison Tract” in 1999 for
purposes of creating jobs and providing economic stability, and
WHEREAS, the State of Delaware provided funds from the FY 2000 Capital Improvements Act
(Bond Bill) in the amount of $2,000,000 to facilitate the site acquisition with the provision that the
site be used as a high-technology industrial park, and the site was designated as the “Garrison Oak
Technical Park” and marketed as such, and
WHEREAS, in accordance with epilogue language for the FY 2000 Bond Bill, a Memorandum of
Understanding was executed between the City of Dover, Kent County and the State of Delaware
setting forth various commitments regarding the responsibilities of each party. One condition
contained in the epilogue language identified the types of business to be targeted, such designation
to be in effect until January 1, 2010, after which the limitation can be altered by mutual agreement
of the City of Dover and the Delaware Economic Development Office (DEDO), and
WHEREAS, the City of Dover now desires to expand the purpose and nature of the Garrison Oak
Technical Park to reflect current business conditions and the changing marketplace, therefore
improving its marketability, and the Delaware Secretary of State has determined that with the
elimination of DEDO, no State approval of the name change is required.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dover hereby
directs the Mayor to take necessary actions to cause the name to be changed to Garrison Oak
Business and Technology Center and market the Center to prospective businesses in cooperation
with the Kent Economic Partnership and the Delaware Prosperity Program.
ADOPTED: DECEMBER 10, 2018
Mr. Hugg provided members with an update on the County’s employment zone
discussions related to the Central DE Aviation Complex (CDAC), located north of
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 16
the existing Kent County Aero Park and Civil Air Terminal. He advised that the
purpose of the employment zones is to promote business, industrial, and non retail
commercial kinds of activities. Mr. Hugg noted that the ongoing discussions with
Dover Air Force Base regarding the renewal of the Joint Use Agreement seem to be
close to preliminary approval, and that agreement would provide a 50-year joint
operations agreement that would allow commercial aviation to use Dover Air Force
Base as an air terminal with facilities being built on the Aero Park and adjacent
properties for aviation and related kinds of uses. He reminded members that the City
amended the zoning ordinances to allow an aviation and aeronautics-based industrial
zone. Mr. Hugg reviewed a document entitled “Central DE Aviation Complex
(CDAC)”, noting that the map on the left indicated the area already included within
City limits and the County was suggesting that the area to the north be annexed into
the City and managed and developed under City rules and regulations in the RPM3
zoning classification. He indicated that the County would like to designate the entire
area as the Center Delaware Aviation Complex or something similar. Mr. Hugg
advised that this would include a couple hundred acres of property south of South
Little Creek Road and would be tax rateable. He informed members that there was
one use proposed to the County for this area; however, that use would not be
permitted in the City. He stated that the City did not officially object, but made it
known to the County that it could be an impediment to carrying forward this kind of
activity. He stated that he did not know whether this was the influence, but the
County Regional Planning Commission voted seven (7) to zero (0) to deny that use.
By consent agenda, Mr. Neil moved for acceptance of the Economic Development Committee
Report, seconded by Mr. Lindell and carried by a unanimous roll call vote.
CO UNCI L COMMI T T E E O F T H E W H O L E R EPO RT -
NOVEMBER 14, 2018
The Council Committee of the Whole met on November 14, 2018 at 6:02 p.m., with
Councilman Hare presiding in the absence of Council President Slavin. Members of
Council present were Mr. Sudler (departed at 6:58 p.m.), Mr. Neil, Mr. Lewis,
Mr. Cole, Mr. Polce (departed at 6:58 p.m.), and Mr. Lindell (departed at 6:14 p.m.,
and returned at 6:15 p.m.). Mr. Anderson was absent. Mayor Christiansen was also
present (departed at 7:01 p.m.). Civilian members present for their Committee
meetings were Mr. Caldwell and Dr. Warfield (Parks, Recreation, and Community
Enhancement), and Mr. Shevock (Legislative, Finance, and Administration).
Mr. Garfinkel and Mr. Shelton (Safety Advisory and Transportation), Mrs. Doyle and
Ms. Scarborough (Utility) were absent.
COUNCIL COMMITTEE OF THE WHOLE
(All Members of All Committees)
The Council Committee of the Whole met with Councilman Hare presiding in the
absence of Council President Slavin.
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 17
Update on the Comprehensive Plan Project
Mr. David Hugg, Director of Planning and Community Development, and
Mrs. Dawn Melson-Williams, Principal Planner, reviewed a presentation entitled
“City of Dover, Delaware, 2019 Comprehensive Plan, Project Update October 2018”
and the Preliminary Draft Goals and Recommendations for the 2019 Dover
Comprehensive Plan.
Mr. Polce expressed his appreciation that there was one single voice used throughout
the document. He noted that he had paid particular attention to the Economic
Development and Housing and Community Development sections, and thought that
a majority of the goals in the Economic Development section were spot-on.
Referring to Economic Development Goal 9 - Promote the revitalization and
redevelopment of the Center City, Mr. Polce indicated that he would like the City to
incorporate the word “enterprise zones.” He explained that he thought it was
important for the City to be more innovative and that it was critical to success that
members think of things like enterprise zones when incentivizing private
development through federal, state, and local tax reimbursements.
Mr. Polce stated that he was very happy to see that the City was linking the plan for
health in all of the work related to Housing and Community Development. He
explained that he thought that it was important that the City was looking at how
health and housing are combined and how socioeconomic status and demography
impact health and quality health outcomes. Mr. Polce expressed his appreciation that
staff captured those points.
Responding to Mr. Sudler, Mayor Christiansen stated that the Economic
Development Committee (EDC) reviewed the draft Economic Development section
of the Plan and made some recommendations during their meeting of
November 14, 2018. He noted that they discussed partnering with the County and
Kent Economic Partnership regarding workforce development.
Mr. Sudler asked when the Comprehensive Plan would most likely be ready. In
response, Mrs. Melson-Williams stated that they set a goal to have an initial draft for
most of the plan chapters completed by early December, and anticipate that a draft
plan will be issued in January or February for review by the PLUS process and
Planning Commission. She informed members that PLUS is the State agency review
process that compares the City’s document to the checklist of requirements for
comprehensive plans. Mrs. Melson-Williams explained that once the draft plan is
issued, it becomes a public document and begins the formal review process. She
stated that staff wants to ensure that they are putting out the best product to start the
process, noting that it is a lot more complicated to rearrange and rewrite whole
sections once the draft is issued. Mrs. Melson-Williams advised that staff is on track
to have the final document completed before summer 2019.
Mr. Hugg requested members of Council to provide their input prior to the Christmas
holiday.
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 18
Mr. Neil complimented staff on the proposed name change for Garrison Oak
Technical Park and requested that they consider a foreign zone.
Mr. Hare suggested providing the draft to Council during their Retreat in January.
Responding, Mrs. Melson-Williams stated that staff could certainly aim for that,
explaining that it is always better to have a general endorsement of the document
before it is submitted to PLUS. She noted that the goals and recommendations are
a big piece of the document, and the chapters contain a lot of the background
information. Mr. Hugg stated that he thought that the Plan would be an ideal
document to have for the Council Retreat since it touches so much of what the City
does and what they hope to achieve. He advised that staff would certainly have the
document in a form that Council could review during their Retreat, even if it is
preliminary.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Lewis
presiding.
Proposed Ordinance #2018-12 Amending Chapter 70 - Offenses and
Miscellaneous Provisions, Section - 70-5 Aggressive Panhandling and Appendix
F - Fees and Fines (Sponsors: Hare and Polce)
The committee deferred this item during their meeting of October 23, 2018.
Mr. Polce explained that Proposed Ordinance #2018-12 was developed in response
to some of the concerns regarding ongoing panhandling, not only in the downtown
community but at many of the City’s local restaurants and businesses, most often gas
stations. He indicated that Council will have some very critical decisions to make
in the coming months regarding big projects that will redefine the way the City does
business and, in order to do that, members must ensure that the community is safe
and that the perception is that the community is safe.
Mr. Polce reviewed Proposed Ordinance #2018-12, explaining that it is rooted in
Title 11 - Crimes and Criminal Procedure of the Delaware State Code. He stated that
the ultimate goal is to provide the City’s police with more discretion in these matters,
in order to reduce panhandling. Mr. Polce noted that it would also ensure that
panhandlers are aware that the City is proactively engaging the community in saying
“you can’t continue to harass patrons.” He explained that this would provide an
opportunity for the police to meet panhandlers without automatically arresting them.
Mr. Polce stated that there were probably a number of underlying issues within the
panhandling community, ranging from mental illness to substance use disorder to
homelessness. He advised that this would provide a tool to engage the community.
Mr. Polce informed members that he previously discussed this matter with Police
Chief Marvin Mailey, who had raised warranted concerns, and he assured him that
he would not force the ordinance through the process without proper consultation
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 19
from the Police Department. Mr. Polce noted that the Police Department does a
tremendous amount of work with very little resources and one of the major issues is
that the City continues to ask the Department to do more without really considering
their resources and how resources are continuing to be expanded without having
proper funding.
Police Chief Marvin Mailey stated that he understood that Mr. Polce was trying to
do what he perceived was in the best interest of the City; however, the Police
Department was opposed to Proposed Ordinance #2018-12 for many reasons. He
advised that 11 Del. C. §1321 states that “a person is guilty of loitering when the
person loiters, remains or wanders about in a public place for the purpose of begging”
or there are other mitigating factors that deal with other criminal acts, so to allow
loitering in certain locations between certain times would be in conflict with the
Delaware Code.
Chief Mailey stated that he also reached out to Mr. Steve Wells, the head prosecutor
for Kent County, who advised that he is not aware of any legislation change or any
alteration to the law that would allow for panhandling. Chief Mailey advised
members that police officers take an oath to uphold the U.S., federal, state, and local
laws and it causes problems when an officer is put in a situation where he has
opposing directions. He stated that he understands that the intent of the Proposed
Ordinance is to give officers more leeway; however, he explained that officers have
leeway in the fact that when they typically contact a panhandler, they will ask them
to move on and after that they can progress from a warning all the way to an arrest.
Additionally, Chief Mailey advised that managing the permits and tracking the
violations would be taxing on their already strained resources. He also noted that
panhandling is one of the top five problems that he hears about at civic association
meetings, town hall meetings, and from homeowner associations.
Chief Mailey expressed concern that the City might assume some liability if they
allow panhandling and then someone is hurt, harmed, injured, or a victim of a crime
as a result of them opening their wallet to give someone money.
Responding to Mr. Lindell, Chief Mailey stated that alternatives to the legislation
would be verbal warnings and departmental focus on problem areas. Chief Mailey
discussed at length staffing in the downtown area to improve safety.
The Committee tabled consideration of Proposed Ordinance #2018-12.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare
presiding.
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 20
Evaluation of Proposals - Diversity and Inclusion Study
Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding
the evaluation of proposals for the Diversity and Inclusion Study. She noted that this
was requested by Council last year and a budget amendment was completed last
fiscal year for $90,000. Mrs. Mitchell stated that staff recommended approval of the
award to Ivy Planning Group for up to $45,000 plus travel costs; therefore, she was
only proposing to carry-forward $50,000 from FY 2018-2019 and this was included
in the Project Carry-Forward Budget Balances and Proposed Ordinance #2018-13 -
2018-2019 Budget Ordinances - First Amendment item scheduled for consideration
during the latter part of the meeting.
Mr. Hare asked how this study would differ from the study previously completed by
Delaware State University. Responding, Mrs. Mitchell stated that she could not
recall whether Delaware State University had completed a diversity study for the City
in the past; however, the City did reach out to them the first time the Request for
Proposals (RFP) was done.
The Committee recommended approval of the award to Ivy Planning Group for up
to $45,000 plus travel costs, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote.
Annual Review of Investment Policy
Mrs. Donna Mitchell, City Manager, advised members that the City’s Investment
Policy Statement is scheduled for annual review. She stated that staff did not have
any recommended changes to the Policy.
Responding to Mr. Neil, Mrs. Mitchell advised that the City is making money.
The Committee recommended approval of the City of Dover, DE Investment Policy
Statement, as presented.
By consent agenda, Mr. Neil moved for approval of the City of Dover, DE Investment Policy
Statement, as presented (Exhibit #2). The motion was seconded by Mr. Lindell and carried
by a unanimous roll call vote.
Project Carry-Forward Budget Balances and Proposed Ordinance #2018-13 -
2018-2019 Budget Ordinances - First Amendment
Mrs. Donna Mitchell, City Manager, reviewed the project carry-forward budget
balances and Proposed Ordinance #2018-13 - 2018-2019 Budget Ordinances - First
Amendment. She stated that this is the first budget amendment for FY 2018-2019
from the carry-forward balances from last fiscal year. Mrs. Mitchell explained that
the adjustments primarily reflect the budget balances carried forward for multi-year
projects. She advised that there were also two (2) operational items: $50,000 for the
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 21
diversity study, and $50,000 for Fleet Maintenance for police vehicle parts and
materials.
Mrs. Mitchell explained that Fleet Maintenance was now servicing the police
vehicles instead of utilizing an outside automotive firm. Mrs. Mitchell stated that the
proposed total carry-forward budget balance adjustment was $6,572,000.
Staff recommended approval of the proposed budget amendments totaling
$6,572,000 for fiscal year 2019.
The Committee recommended approval of the proposed budget amendments totaling
$6,572,000 for fiscal year 2019 and adoption of Ordinance #2018-13, as
recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Lindell and carried by a unanimous roll call vote. (The First Reading of
Ordinance #2018-13 will take place during the latter part of the meeting).
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Lindell and carried by a unanimous roll call vote.
MONTHLY REPORTS - OCTOBER 2018
By motion of Mr. Neil, seconded by Mr. Lindell, the following monthly reports were accepted
by consent agenda:
City Assessor's Report
City Council’s Community Enhancement Fund Report
City Manager's Report
City Planner's Report
Fire Chief's Report
Police Chief's Report
REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN - BOARD OF
ADJUSTMENT - THREE-YEAR TERMS
Mayor Christiansen recommended the following reappointments to the Board of Adjustment:
Arthur G. Ericson - term to expire July 2020
James N. Keller - term to expire July 2021
Mr. Lewis stated that he received a phone call from a concerned citizen who had indicated they had
concerns because of the reappointments not being made within a certain timeframe. He noted that
these reappointments were due in July of this year. Mr. Lewis asked if the City would be held liable
for any legalities on decisions that were made between July and now, as far as Board of Adjustment
meetings. Responding, Mr. Slavin advised that legal counsel was looking into it.
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 22
Mr. Lewis moved to table the reappointments until they receive a legal opinion with respect to the
matter.
City Solicitor Rodriguez advised that none of the Board’s decisions were controversial nor contested
and the appeal period has expired. He stated that he attends all of the Board of Adjustment meetings
and he is confident that there is no liability on the part of the City. Mr. Rodriguez advised that they
have a very important Board of Adjustment meeting the following week and it is preferable to have
the members reappointed before that meeting.
Mr. Neil moved for approval of the reappointments to the Board of Adjustment, as
recommended by Mayor Christiansen. The motion was seconded by Mr. Lindell and carried
by a roll call vote of eight (8) yes (Anderson, Sudler, Neil, Cole, Polce, Hare, Lindell, and
Slavin) and one (1) abstention (Lewis).
ELECTION OF OFFICERS - ROBBINS HOSE COMPANY - YEAR 2019 FIRE LINE
OFFICERS
The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of
November. Members were provided the results from the November 19, 2018 Robbins Hose
Company Election for consideration as follows:
Fire Chief - Ronald W. Rhodes, Sr.
Deputy Fire Chief - Michael J. O'Connor, Jr.
First Assistant Fire Chief - Cole R. Enright
Second Assistant Fire Chief - Benjamin P. Smetana
Third Assistant Fire Chief - Michael J. Morris
Fourth Assistant Fire Chief - Christopher W. Jacobs
First Fire Line Captain - Michael D. Nitsch
Second Fire Line Captain - Wesley T. Liberto
By consent agenda, Mr. Neil moved for acceptance of the Fire Line Officers for Robbins Hose
Company No. 1 for the Year 2019, as submitted, seconded by Mr. Lindell and carried by a
unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCE #2018-13
Council President Slavin reminded the public that copies of the proposed ordinance were 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. Final
action by Council on the proposed ordinance will take place during the Council Meeting of
January 14, 2019.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
ORDINANCE #2018-13 - 2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 23
CITY MANAGER'S ANNOUNCEMENTS
Mrs. Donna Mitchell, City Manager, advised that leaf collection was underway and would conclude
on January 11th. She noted that they were behind because of the volume; however, the entire street
department is working on collecting leaves and the grounds crew would be cleaning the catch basins.
Mrs. Mitchell encouraged everyone to go out and see the Christmas lights. She stated that the City
looks very pretty this time of year, and the lights on the lake are exceptional. Mrs. Mitchell also
advised that there are lights on the top of the power plant, which looks very nice.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Sudler thanked Mrs. Donna Mitchell, City Manager, for her warm season's greetings.
Mr. Neil wished everyone a happy and safe holiday season and, particularly, the Beth Shalom
Congregation for inviting him to their Hanukkah dinner service, and latke, which is a potato pancake,
tasting contest the previous Friday.
Mr. Slavin wished Mr. Lewis a happy birthday on December 23rd.
Mr. Lewis wished everybody a merry Christmas and a happy Hanukkah. He shared his favorite
quote by Winston Churchill: “We make a living by what we get, and we make a life by what we
give.”
Mr. Anderson wished everyone a merry Christmas and a happy Hanukkah. He also congratulated
Councilman Lewis (on his election as Kent County Sheriff) and stated that they were proud of him
and the work that he had done and will do. Mr. Anderson noted that he looked forward to supporting
the next phase of Mr. Lewis’ endeavors and thanked him for the dedication and the work that he had
done on City Council and his commitment to the community.
Mr. Sudler moved for adjournment, seconded by Mr. Lewis and unanimously carried.
Meeting adjourned at 8:25 p.m.
TRACI A. McDOWELL
CITY CLERK
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CITY COUNCIL MEETING OF DECEMBER 10, 2018 PAGE 24
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of December 10, 2018, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2018\12-10-2018 Council Minutes.wpd
Exhibits
Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 350 Martin Street
Exhibit #2 - Investment Policy Statement
Page 25
EXHIBIT #1
Regular Council Meeting of 12/10/2018
Violation of Dangerous
Building Ordinance
350 Martin Street
Planning & Inspections Department
Dover, Delaware
December 10, 2018
Page 26
350 Martin
Case History
13 code enforcement cases since 2013
Numerous interior violations – Grass violations
Vehicles parked in the yard – Junk and Debris
Was being operated as a rooming house
The utilities were terminated on May 27, 2014
Registered as vacant by the city on September 9,
2014
Condemned as unfit for human occupancy on May
27, 2014
Page 27
350 Martin Street
Outstanding Fees
Taxes $1,376.38
VBO Registration Fees $7,500.00
Water/Sewer $2,782.95
Utilities Location #5550 $1,177.19
Utilities Location #42716 $533.14
Page 28
350 Martin Street
Current Condition
Extreme fire damage through-out the home.
With damage to walls, ceilings, windows,
doors, siding and roof.
There is damage to structural members of
the dwelling which has caused partial
collapse of the roof.
Page 45
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(4) Fire damage, etc.
(5) Unfit for habitation.
(9) General Welfare.
Page 46
Recommended Council Action
Declare this building and all accessory structures on this property
dangerous.
Order the property demolished by December 26, 2018 by the
owner or equity owner at their own risk.
Order the Fire Marshal and Chief Code Enforcement Officer to
cause the demolition of the structures if not completed by the
owner within 10 days of the date established by City Council.
Order the City Manager with the assistance of the City Solicitor to
cause the cost of demolition to be charged against the land on
which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as
a special tax, or to be recovered in a suit at law against the owner.
Page 47
EXHIBIT #2
Regular Council Meeting of 12/10/2018
City of Dover, DE
Investment Policy Statement
Dated October 23, 2018
Page 48
1.0 Governing Authority
It is the policy of the City of Dover to invest public funds under its control in a manner
that will provide the highest investment return consistent with the maximum safety of
principal, while meeting cash flow needs of the City. The investment program shall
conform to all state and local statutes governing the investment of public funds.
2.0 Scope
This Investment Policy Statement (the “Policy”) applies to all financial assets of the City
of Dover for which the City retains direct or indirect daily control. Funds for which the
City has retained outside fund manager(s) shall also be governed by this Policy or, in the
case of bond proceeds, related governing bond documents.
2.1 Accounts
2.1.1 Cash and Liquidity Accounts: The majority of the City’s cash balance
available for investment is maintained in the cash and liquidity accounts.
These accounts will be managed and invested by investment managers,
selected by the City Council through competitive bid, in order to maximize
the return to the City while, at the same time, providing for safety of principal
and sufficient liquidity for the City to meet its cash needs. The City will
manage its short-term investments to ensure sufficient liquidity and prevent
their premature sale for the purpose of covering expenditures. Short-term
investments should mature at face value in sufficient amounts to meet any
liquidity needs.
2.1.2 Reserve Cash (Intermediate) Account: To the extent cash is not expected to
be needed on short notice, the City shall invest such funds in the Reserve Cash
Account. This fund shall be managed and invested by an investment
manager or managers, selected by the City Council after a competitive bid, in
order to maximize the return on said money to the City while providing for
the safety of principal.
All of the City of Dover’s funds are accounted for in its Comprehensive Annual Financial
Report. Those funds to which this Policy applies include (excluding the Deferred
Compensation Plan and Pension Trusts):
2.2 Funds
2.2.1 General Fund
2.2.2 Capital Project Funds
2.2.3 Special Revenue Funds
2.2.4 Enterprise Funds
2.2.5 Internal Service Funds
2.2.6 Any new fund created by the City Council, unless specifically exempted
3.0 Objectives
The primary objectives of the City of Dover’s investment activities, in order of importance
shall be:
Investment Policy Page 2 of 15
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3.1 Safety
Preservation of principal is the foremost objective of the investment program. To
attain this objective, funds shall be diversified among securities of high credit
quality and liquidity, so that risk of loss of principal is minimized.
3.2 Liquidity
The City’s investments shall be made for such periods as to enable the City to meet
all operating requirements that may be scheduled or reasonably anticipated.
3.3 Return on Investments
A goal of the investment program shall be to maximize investment return within
the constraints of Sections 3.1 and 3.2.
4.0 Delegation of Authority
Authority to manage the City of Dover’s investment program is derived from this Policy,
which is approved by City Council, and “Dover Code, PART I, Subpart A, Article II,
Section 17" (attachment B) which states in part that “The Controller/Treasurer shall be the
custodian of all of the City funds.”
The City’s Controller/Treasurer shall:
1) Review this Policy annually and recommend changes, if any, to City Council;
2) Be charged with implementing the Policy, and may delegate authority to make
investments to an investment advisor. The Controller/Treasurer shall be responsible
for all investment transactions and shall establish controls to regulate the activities of
the investment advisor, if any.
3) Ensure that records of the City’s investment activities are kept for ten years.
5.0 Prudence, Ethics and Conflicts of Interest
Any official of the City or investment advisor/manager empowered to make investments
on behalf of the City of Dover shall comply with the following:
5.1 “Prudent Person” Rule
Investment decisions shall be made with the judgment and care which persons of
reasonable intelligence, under circumstances prevailing at the time the investment
is made, would exercise in the management of their own investments assuming that
their objectives are those shown in Section 3.0 of this policy.
5.2 Ethics and Conflict of Interest
The delegate authorized to make City investments shall act at all times in an ethical
manner, and shall not engage in activity that could impair or be perceived to impair
their ability to make impartial investment decisions. They shall disclose to the
Mayor and City Council any material interests in financial institutions with which
the City has financial dealings, and which may be related to the performance of the
investment program. Employees and officers shall refrain from undertaking
personal investment transactions with the same individual(s) with whom business
is conducted on behalf of the City.
Investment Policy Page 3 of 15
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6.0 Authorized Institutions and Dealers
All broker/dealers that desire to become qualified for investment transactions with the City
shall meet the following:
1. Primary dealers and regional dealers that qualify under Securities and Exchange
Commission Rule 15C3-1 (uniform net capital rule)
2. Capital of at least $25,000,000 or capital of $5,000,000 for firms incorporated in
the State of Delaware
3. Registered as a dealer under the Securities Exchange Act of 1934
4. Member of the Financial Industry Regulatory Authority (FINRA)
5. Registered to sell securities in the State of Delaware
6. Engaged in the business of effecting transactions in U.S. government, federal
agency, and corporate securities for at least five (5) consecutive years
To the extent the City utilizes the services of an outside Investment Advisor, it shall be the
responsibility of the Investment Advisor to maintain an approved list of brokers.
7.0 Safekeeping and Custody
To ensure that securities are deposited in an eligible financial institution prior to the release
of funds, all trades of marketable securities will be executed by delivery vs. payment
(“DVP”).
Further, all securities will be held by an independent third-party custodian, in the name of
the City, and evidenced by safekeeping receipts in the City’s name. The custodian shall
provide daily confirmation of held securities as well as a monthly transactions and holdings
report.
8.0 Authorized Investments and Trading of Securities
The Controller/Treasurer or authorized delegate may invest only in the types of securities
listed below. The maximum stated maturity of any security shall be limited to 10 years at
settlement, unless otherwise stated. The maximum average maturity of the portfolio shall
be seven years. For asset backed and Agency mortgage backed securities, the maximum
maturity shall be defined as the weighted average life (“WAL”). WAL is a convention
that estimates the expected weighted amount of time, in years, for the principal amount of
an issue to be fully paid. For Agency mortgage backed securities, WAL shall be limited
to 10 years, measured at the settlement date, provided by Bloomberg Financial Markets.
For asset backed securities, the average life must not exceed two years, except for such
securities that are subject to periodic reset of coupon or interest rate - - these may have an
average life not to exceed three years.
8.1 United States Government Securities
Marketable securities issued by the U.S. Government and supported by the full faith
and credit of the U. S. Treasury either by statue or an opinion of the attorney general
of the United States. The maximum maturity shall be limited to 10 years. Up to
100% of the portfolio may be invested in this sector.
8.2 Government Agency Securities
Debt securities issued by government-sponsored enterprises (“GSE”), federal
agencies, federal financing banks, and instrumentalities of the U.S. Government.
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The maximum maturity shall be limited to 10 years. Up to 50% of the portfolio may
be invested in this sector, with a maximum of 20% in any one issuer.
8.3 Certificates of Deposit and Time Deposits
8.3.1 Domestic Institutions: Issued or endorsed by a domestic bank, or a savings
and loan association, organized and supervised under the laws of the United
States and denominated in U.S. dollars; provided, however, that deposits are
fully insured or guaranteed by the Federal Deposit Insurance Corporation
(“FDIC”).
If not insured by the FDIC:
The banking institution must have assets of not less than $5 billion; and
Issuers must have a short-term rating in the highest category by Standard
& Poor’s, Moody’s, or Fitch and a long-term rating of at least the “A”
category by Standard & Poor’s, Moody’s, or Fitch.
The maximum maturity of any investment in this sector shall be limited to 10
years at trade settlement. This sector shall not exceed 25% of the total
portfolio. No single issuer shall exceed 5% of the City’s portfolio.
8.3.2 Delaware-Domiciled Institutions: Issued by or endorsed by any bank or
savings association domiciled in the State of Delaware and organized and
supervised under federal or State of Delaware banking laws which does not
meet the requirements of Section 8.3.1 hereto; provided, however, that:
For each of the latest two years, the bank or association has had a return
on total average assets of 0.50% or greater and an average capital ratio
(defined as total equity capital to total assets) of at least 1 to 20, or the
instrument is secured as set forth in Section 9, “Collateralization of City
Deposits,” hereto; and
Not more than the lesser of $10 million or 25% of an issuer’s total equity
capital, may be invested in any one issuer. (Investments due to mature
in one business day may be excluded from the computation of this
percentage.)
The Board expressly affirms that, consistent with these guidelines,
Delaware banks and savings associations should be considered as a source
of investment.
The maximum stated maturity of any investment in this sector shall be
limited to 10 years at time of purchase. This sector shall not exceed 20%
of the total portfolio. No single issuer shall exceed 5% of the City’s
portfolio.
8.4 Corporate Debt Instruments
Such instruments include commercial paper bankers’ acceptances, and non-
convertible senior debt securities (bonds and debentures).
8.4.1 Corporate securities must be denominated/issued in US dollars. Many foreign
corporations issue debt/securities in the US market, in US dollars.
8.4.2 No single issuer shall exceed 5% of the City’s portfolio.
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8.4.3 Commercial Paper shall be limited to a final maturity of 270 days. This
sector shall not exceed 25% of the total portfolio. Issuers shall be rated in
the highest short-term category by Standard & Poor’s, Moody’s, or Fitch.
8.4.4. Bankers’ Acceptances shall be limited to a final maturity of 365 days. This
sector shall not exceed 25% of the City’s Portfolio. Issuers shall be rated in
the highest short-term rating by Standard & Poor’s, Moody’s, or Fitch.
8.4.5 Corporate bonds and debentures shall be limited to a final maturity of 10
years. This sector shall not exceed 50% of the total portfolio. Issuers
shall hold a long-term rating of at least the “A” category by Standard &
Poor’s, Moody’s, or Fitch.
8.5 Repurchase Agreements
The underlying collateral shall consist of U.S. government and/or GSE securities
provided, however, that:
8.5.1 All repurchase agreements must be governed by a written master repurchase
agreement;
8.5.2 Agreements will be entered into only with respect to underlying securities in
which the investment manager may otherwise invest as described above, and
only with a recognized U.S. Government/broker or a bank which meets the
requirements set out under paragraph Section 8.3.1 or 8.3.2 above;
8.5.3 In the case of repurchase collateral held in book-entry form in the Federal
Reserve System, all deliveries of securities must be made, for the transfer
thereof, through the Federal Reserve book-entry system to the account
designated by the investment manager for such purpose. Securities held in
certificated form must be delivered to the investment manager or a custodian
as directed by the investment manager.
8.5.4 Any collateral employed under this paragraph shall be counted towards the
applicable maximum limits set forth within these guidelines for such type of
investment, and such collateral shall be valued at market at not less than 103
percent of the maturity value of the agreement and marked-to-the-market as
requested by the investment manager.
8.5.5 Repurchase agreements shall be limited to a maximum maturity of 90 days
from date of purchase. This sector shall not exceed 50% of the total portfolio.
No single issuer shall exceed 25% of the City’s portfolio.
8.6 Registered Investment Companies (Money Market Funds)
No single fund shall exceed 25% of the City’s portfolio. Money market funds shall
be rated AAA by Standard & Poor’s. A current prospectus must be obtained
before investing in any money market fund, and current holdings reports must be
maintained at least each month.
8.7 Mortgage-Backed Securities
Mortgage-backed securities issued by the following: Government National
Mortgage Association (GNMA), Federal National Mortgage Association (FNMA)
or Federal Home Loan Mortgage Association (FHLMC). This sector, combined
with the asset backed security sector, shall not exceed 10% of the total portfolio.
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8.8 Asset Backed Securities
These investments include auto loan receivables, credit card receivables, home
equity loans, and manufactured housing loans. These can be fixed or floating rate
and must be rated in the highest long-term category by Standard & Poor’s,
Moody’s, or Fitch. This sector, combined with the mortgage-backed security sector,
shall not exceed 10% of the City’s portfolio. No single issuer shall exceed 5% of
the City’s portfolio.
8.9 Municipal Obligations
Taxable and tax-exempt securities issued by state and local governments and public
authorities in the United States. The maximum stated maturity of any investment
in this sector shall be limited to 10 years at time of purchase. This sector shall not
exceed 30% of the City’s portfolio. No single issuer shall exceed 5% of the City’s
portfolio. Issuers shall be rated in at least the “A” category by Standard & Poor’s,
Moody’s, or Fitch. Additionally, Issuers in the short term market (under one year)
shall be rated at a minimum of “mig-1”, “f1” or “sp-1” for Moody’s, Fitch and
Standard &Poor’s.
8.10 State of Delaware Investments Pool
8.10.1 Delaware Local Government Investment Pool (DELGIP) -The investment in
this pool is permitted in relation to the City's cash flow and the guidelines set
forth by the State of Delaware. The investment in this pool will not exceed
25% of the total funds available and will be monitored by the City's Finance
Department on a monthly basis.
8.10.2 Delaware Local Government Retirement Investment Pool (DELRIP) The
investment in this pool is permitted in relation to the City's Post-Retirement
Benefits Fund. The investment in this pool will not exceed 25% of the total
funds available and will be monitored by the City's Finance Department on a
monthly basis.
8.11 Trading Securities
The Controller/Treasurer is hereby authorized to sell securities prior to their stated
maturity date in the following circumstances:
1. A security with declining credit may be sold prior to its maturity to minimize
loss of principal;
2. A security swap may be executed if it would improve the quality, yield, or
target duration of the portfolio;
3. Securities may be sold to provide needed liquidity.
8.12 Internal Control on such transactions
8.12.1 An investment report will be provided to the Council on a quarterly basis.
8.12.2 All investment reporting documents will be provided to the independent
auditors.
8.12.3 Investment records will be kept by the City for ten (10) years.
8.12.4 The trading shall not involve any hedge, derivatives and/or borrowing funds
for trading purposes.
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A summary of permitted investments is below:
Investment Sector Issuer Maturity Credit Quality
Type Limit Limit Limit Minimum
United States Government
100% 100% 10 Years N/A
Securities
Government Agency
50% 20% 10 Years N/A
Securities
Mortgage-Backed Securities N/A 10 Year WAL N/A
Combined
10% limit Highest long-term
Asset Backed Securities 5% 2 Year WAL rating by Fitch,
Moody's or S&P
Long-term rating of at
least “A” by S&P,
Moody’s, or Fitch
For issuers in short
Municipal Obligations 30% 5% 10 Years term market, rating of
at least “mig-1”, “f1
or “sp-1” for
Moody’s, Fitch &
S&P
FDIC-Insured Deposits 25% 5% 10 Years N/A
Highest short-term
rating by Fitch,
Certificates of Deposit and
Moody's or S&P.
Time Deposits (not insured 25% 5% 10 Years
Long-term rating of at
by FDIC)
least “A” by S&P,
Moody’s, or Fitch
Delaware-Domiciled
20% 5% 10 Years N/A
Institutions
Highest short-term
Commercial Paper 25% 5% 270 Days rating by Fitch,
Moody's or S&P
Highest short-term
Bankers’ Acceptances 25% 5% 365 Days rating by Fitch,
Moody's or S&P
Long-term rating of at
Corporate Bonds and
50% 5% 10 Years least “A” by S&P,
Debentures
Moody’s, or Fitch
Repurchase Agreements 50% 25% 90 days N/A
Registered Investment
Companies (Money Market 100% 25% N/A AAAm by S&P
Funds)
Delaware Local Government
25% N/A N/A N/A
Investment Pool
Delaware Local Government
25% N/A N/A N/A
Retirement Investment Pool
Investment Policy Page 8 of 15
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9.0 Collateralization of City Deposits
If the City deposits funds in any financial institution, those funds will be subject to the
following collateralization requirements. The financial institution shall:
9.1 Collateralize the City’s daily ledger balance(s) if, for any quarter during the most
recent eight quarters the bank has not met both of the following two criteria:
Return on total average assets of 0.50 percent or greater.
Average capital ratio (total equity to total assets) of 5.00 percent or greater.
9.2 If either criterion in paragraph 9.1 is not satisfied collateral must be pledged and shall
consist of one or more of the following securities:
U.S. Government securities
U.S. Government agency securities
Federal Home Loan Board letters of credit
State of Delaware securities
Mortgage backed securities as referenced in Section 8.7
Securities of a political subdivision of the State of Delaware with a Moody’s
rating of “A” or better
9.3 Ensure that the securities pledged as collateral (except for Federal Home Loan Board
letters of credit) have a market value equal to or greater than 102 percent of the ledger
balance(s) in the account(s) marked to market each day.
9.4 Ensure that securities pledged as collateral are housed at the Federal Reserve Bank
or a mutually agreed upon third party depository. (The trust department of the
winning vendor will not be acceptable.)
9.5 Provide reports on a monthly basis to the City Finance Department detailing the
collateral pledged.
9.6 Provide a Call Report (Consolidated Report of Condition and Income, FFIEC 031)
on a quarterly basis to the City Finance Department.
10.0 Policy Considerations
If securities owned by the City are downgraded by either Standard & Poor’s, Fitch or
Moody’s to a level below the quality required by this Policy, it shall be the City’s policy
to review the credit situation and make a determination as to whether to sell or retain such
securities in the portfolio.
If a security is downgraded two grades below the level required by the Policy, the security
shall be sold immediately.
If a security is downgraded one grade below the level required by this Policy and matures
within 6 months, the security may be held to maturity. The Controller/Treasurer may
determine to sell the security if it is determined that there is a probability of default prior
to maturity.
If a decision is made to retain a downgraded security in the portfolio, its presence in the
portfolio will be monitored and reported monthly to the Controller/Treasurer.
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11.0 Internal Controls
The Controller/Treasurer is responsible for establishing and maintaining an internal control
structure designed to ensure that the assets of the City are protected from loss, theft, or
misuse. The Controller/Treasurer shall also establish a process for an annual independent
review by an external auditor to assure compliance with policies and procedures. The
internal controls shall address the following:
Control of collusion
Separation of transaction authority from accounting and recordkeeping
Custodial safekeeping
Prohibition of physical delivery securities
Clear, written delegation of authority to subordinate staff members
Written confirmation of transactions for investments and wire transfers
12.0 Performance Standards
The City of Dover’s investment decisions shall be made with the objective of obtaining a
rate of return commensurate with the investment risk constraints and the cash flow needs.
On a quarterly basis, the Controller/Treasurer shall compare the City’s portfolio against the
Merrill Lynch 0-5 Year U.S. Treasury Index, in terms of time-weighted total return and
average duration for the period under review.
13.0 Reporting
At the end of each calendar quarter, the Controller/Treasurer will submit a report of all
quarter-ending investments to the Mayor and City Council. Reports shall include the
following:
Listing of individual securities held as of last day of reporting period, sorted by
sector
Par, market, and amortized cost values of each security
Coupon, current yield, and final stated maturity date of each security
14.0 Investment Policy Adoption
The City of Dover’s investment policy will be adopted by the City Council after review and
recommendation of the Legislative and Finance Committee. The policy will be reviewed at
least once every year by the Legislative and Finance Committee, which is charged with
considering the existing policy and any recommendations to modify the policy. Any
modifications to the policy must be approved by the City Council.
LEGEND
1. Original approval by City Council - November 14, 1988
2. Revised policy approved by City Council - March 7, 2005
3. City Council Approved with No Changes – April 14, 2008
4. Revised policy approved by City Council – July 25, 2011
5. Revised policy approved by City Council – August 12, 2013.
6. Revised policy approved by City Council – September 8, 2014
7. Revised policy approved by City Council – October 10, 2016
8. Revised policy approved by City Council – October 23, 2017
9. City Council Approved with No Changes – December 10, 2018
Investment Policy Page 10 of 15
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ATTACHMENT A
GLOSSARY
AGENCIES: Federal agency securities, otherwise known as “Government Sponsored
Enterprises.”
CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a
certificate. Large denomination CD's are typically negotiable.
BANKERS ACCEPTANCE: A short-term credit investment which is created by a non-
financial firm and whose payment is guaranteed by a bank.
COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to
secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of
public monies.
COMMERCIAL PAPER: An unsecured obligation issued by a corporation or bank to finance
its short-term credit needs. Maturities typically range from one (1) to 270 days.
COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report
for the City of Dover. It includes five combined statements for each individual fund and account
group prepared in conformity with GAAP. It also includes supporting schedules necessary to
demonstrate compliance with finance-related legal and contractual provisions, extensive
introductory material, and a detailed Statistical Section.
CORPORATE BONDS: A debt security issued by a corporation based in the United States of
America. Such bonds usually have a par value of $1,000, have a term maturity, and are traded on
a major exchange.
DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and
selling for his own account.
DIVERSIFICATION: Dividing investment funds among a variety of securities offering
independent returns, in an attempt to limit risk.
FEDERAL CREDIT AGENCIES: Agencies of the Federal government set up to supply credit
to various classes of institutions and individuals, e.g., S&L's, small business firms, students,
farmers, farm cooperatives, and exporters.
FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that
insures bank deposits, currently up to $250,000 per deposit.
FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is
currently pegged by the Federal Reserve through open-market operations.
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FEDERAL HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings
and loan associations. The Federal Home Loan Banks play a role analogous to that played by the
Federal Reserve Banks vis-a-vis member commercial banks.
FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA was
chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal
corporation working under the auspices of the Department of Housing and Urban Development
(HUD). It is the largest single provider of residential mortgage funds in the United States.
Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The
corporation's purchases include a variety of adjustable mortgages and second loans, in addition to
fixed-rate mortgages. FNMA's securities are also highly liquid and are widely accepted.
FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress
and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks
and about 5,700 commercial banks that are members of the system.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA or Ginnie Mae):
Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage
bankers, commercial banks, savings and loan associations, and other institutions. Security holder
is protected by full faith and credit of the U.S. Government. Ginnie Mae securities are backed by
the FHA, VA or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie
Mae's.
LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a
substantial loss of value. In the money market, a security is said to be liquid if the spread between
bid and asked prices is narrow and reasonable size can be done at those quotes.
LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from
political subdivisions that are placed in the custody of the State Treasurer for investment and
reinvestment.
MARKET VALUE: The price at which a security is trading and could presumable be purchased
or sold.
MATURITY: The date upon which the principal or stated value of an investment becomes due
and payable.
MORTGAGE-BACKED SECURITIES (MBS): An investment instrument that represents
ownership of, and is backed by, an individual interest in a pool of mortgages such as those issued
by Ginnie Mae or Freddie Mac. Principal and interest from the individual mortgages is used to
pay principal and interest on the MBS.
MUNICIPAL NOTES AND BONDS: Securities issued by a state, city, or local government to
finance operations or special projects.
PRUDENT PERSON RULE: An investment standard. In some states the law requires that a
fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody
state--the so-called legal list. In other states the trustee may invest in a security if it is one which
Investment Policy Page 12 of 15
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would be bought by a prudent person of discretion and intelligence who is seeking a reasonable
income and preservation of capital.
QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim
exemption from the payment of any sales or compensating use or ad valorem taxes under the laws
of this state, which has segregated for the benefit of the commission eligible collateral having a
value of not less than its maximum liability and which has been approved by the Public Deposit
Protection Commission to hold public deposits.
RATE OF RETURN: A measure of worth, either at security or aggregate portfolio level, over
a period of time. There are many return conventions, including but not limited to yield to maturity
at cost, yield to maturity at market, yield to worst, time weighted total return, dollar weighted total
return.
REPURCHASE AGREEMENT (RP OR REPO): A holder of securities sells these securities
to an investor with an agreement to repurchase them at a fixed price on a fixed date. The security
"buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the
agreement are structured to compensate him for this. Dealers use RP extensively to finance their
positions. Exception: When the Fed is said to be doing RP, it is lending money, that is,
increasing bank reserves.
REVERSE REPURCHASE AGREEMENT: The purchase of a security by a dealer with the
agreement to sell it back to the seller at a fixed price at a later date. Typically used by owners of
securities to finance short-term needs without having to liquidate the security.
SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and
valuables of all types and descriptions are held in the bank's vaults for protection.
TIME DEPOSITS: A savings account or CD held for a fixed term or with the understanding
that the customer can withdraw only by giving advanced notice.
TREASURY BILLS: A short-term (less than one year) non-interest bearing discount security
issued by the U.S. Treasury department to finance the national debt. Most bills are issued to
mature in three months, six months, or one year.
TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than
10 years.
TREASURY NOTES: A non-interest bearing discount security issued by the U.S. Treasury to
finance the national debt. Most bills are issued to mature in three months, six months or one year.
UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that
member firms as well as nonmember broker-dealers in securities maintain a maximum ratio of
indebtedness to liquid capital of 15 to 1: also called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm, including margin loans and commitments to
purchase securities, one reason new public issues are spread among members of underwriting
syndicates. Liquid capital includes cash and assets easily converted into cash.
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VARIABLE RATE MASTER DEMAND NOTES: A floating rate security with initial
maturities and indexed rates chosen by the investor. The interest rate is adjusted periodically,
usually off a standard such as that prevailing on a Treasury Bill or the prime interest rate.
YIELD: The rate of annual income return on an investment, expressed as a percentage.
INCOME YIELD is obtained by dividing the current dollar income by the current market price
for the security.
NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above
par or plus any discount from par in purchase price, with the adjustment spread over the period
from the date of purchase to the date of maturity of the bond.
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ATTACHMENT B
Dover, Delaware, Code of Ordinances >> PART I - CHARTER AND RELATED LAWS
PART I - CHARTER AND RELATED LAWS [1]
Subpart A - CHARTER
PREAMBLE [3]
We the people of the City of Dover, under the constitution and laws of the state
of Delaware, in order to secure the benefits of local self-government and to provide for an
honest and accountable council-manager government, do hereby adopt this charter and
confer upon the city the following powers, subject to the following restrictions, and
prescribed by the following procedures and governmental structure. By this action, we
secure the benefits of home rule and affirm the values of representative democracy,
professional management, strong political leadership, citizen participation, and regional
cooperation.
ARTICLE I. - POWERS OF THE CITY
ARTICLE II. - MAYOR AND COUNCIL
Sec. 17. - Controller/treasurer.
At the annual meeting the council shall elect a controller/treasurer to hold office
until the next annual meeting of the council, or until his/her successor has been duly
chosen and qualified, but subject to removal at any time by the council.
The controller/treasurer shall be the custodian of all the city funds and shall
deposit them in a banking institution designated by the council.
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 15))
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