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REGULAR COUNCIL MEETING
AGENDA
JANUARY 28, 2019 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA
DOVER, DELAWARE
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)
THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC
TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF
ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN
FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN
COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION
SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR
AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE.
INVOCATION BY BISHOP THOMAS L. HOLSEY
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN COLE
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON-
CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) AND WILL BE ACTED UPON BY A SINGLE
ROLL CALL VOTE OF THE COUNCIL. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS
UNLESS A MEMBER OF COUNCIL SO REQUESTS, IN WHICH EVENT THE MATTER SHALL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE ITEM.
* 1. ADOPTION OF MINUTES
A. SPECIAL COUNCIL MEETING OF JANUARY 14, 2019
B. REGULAR COUNCIL MEETING OF JANUARY 14, 2019
2. PRESENTATIONS - RECOGNITION OF SERVICE
A. THEODORE A. HENDERSON - DOVER HUMAN RELATIONS COMMISSION (MARCH 2014
- DECEMBER 2018)
B. DEAN E. HOLDEN - SILVER LAKE COMMISSION (MAY 2004 - JANUARY 2019) AND
PLANNING COMMISSION (JUNE 2012 - JANUARY 2019)
3. PROCLAMATION - BLACK HISTORY MONTH
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COUNCIL AGENDA - JANUARY 28, 2019 PAGE 2
* 4. COUNCIL COMMITTEE OF THE WHOLE REPORT - JANUARY 15, 2019
A. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
(1) PRESENTATION - INCLUSIVE PLAYGROUNDS
(COMMITTEE RECOMMENDATION: REFERRING THE INCLUSIVE PLAYGROUNDS TO
STAFF, WITH A POSITIVE RECOMMENDATION, AND THAT STAFF RETURN WITH A
FEASIBILITY REPORT IN SIX (6) MONTHS)
B. UTILITY COMMITTEE
(1) EVALUATION OF PROPOSALS - TREE TRIMMING
(COMMITTEE RECOMMENDATION: AWARD A CONTRACT TO ASPLUNDH TREE
EXPERT LLC AS PER THE PROPOSAL SUBMITTED IN RESPONSE TO RFP #19-001EL)
C. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
(1) REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS FOR THE FISCAL YEAR ENDING
JUNE 30, 2018
(COMMITTEE RECOMMENDATION: ACCEPTANCE OF THE REPORT)
(2) COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR
ENDING JUNE 30, 2018
(COMMITTEE RECOMMENDATION: ACCEPTANCE OF THE REPORT)
(3) PROPOSED ORDINANCE #2019-02 - AMENDING CHAPTER 70 - OFFENSES AND
MISCELLANEOUS PROVISIONS, SECTION 70-7 - REGISTERED SEXUAL OFFENDERS
(COMMITTEE RECOMMENDATION: ADOPTION OF ORDINANCE #2019-02)
(SEE ITEM #8-A)
* 5. QUARTERLY REVENUE REPORT AS OF DECEMBER 31, 2018
(STAFF RECOMMENDATION: ACCEPTANCE OF THE REPORT)
* 6. CONFIRMATION OF POLICE PENSION ELECTION - RETIRED SERGEANT STEVE ROGERS -
THREE (3) YEAR TERM TO EXPIRE JANUARY 31, 2022
* 7. APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - PLANNING COMMISSION -
NICHOLAS A. ADAMS (TO FILL THE UNEXPIRED TERM OF DEAN E. HOLDEN - TERM TO EXPIRE
JUNE 2021)
8. FIRST READING - PROPOSED ORDINANCE #2019-02
THE FIRST READING IS OFFERED ON THE PROPOSED ORDINANCE. FINAL ACTION BY COUNCIL
WILL TAKE PLACE DURING THE SECOND READING ON FEBRUARY 11, 2019. THE ORDINANCE IS
AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S WEBSITE AT
WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY CLERK'S
OFFICE AT 736-7008 OR CITYCLERK@DOVER.DE.US.
A. AMENDING CHAPTER 70 - OFFENSES AND MISCELLANEOUS PROVISIONS, SECTION 70-7
- REGISTERED SEXUAL OFFENDERS
(LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
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COUNCIL AGENDA - JANUARY 28, 2019 PAGE 3
9. FIRST READING - PROPOSED ORDINANCE #2019-04 - LAND DEVELOPMENT PLAN MAP
AMENDMENT TO THE 2008 COMPREHENSIVE PLAN, AS AMENDED
THE FIRST READING IS OFFERED ON THE FOLLOWING PROPOSED ORDINANCE. SINCE IT IS AN
AMENDMENT TO THE COMPREHENSIVE PLAN, A PUBLIC HEARING IS REQUIRED. IT IS
RECOMMENDED FOR REFERRAL TO THE PLANNING COMMISSION ON FEBRUARY 19, 2019 AND
THAT A PUBLIC HEARING BE SET BEFORE CITY COUNCIL FOR MARCH 11, 2019 AT 7:30 P.M. AND
THAT THE SECOND READING AND FINAL ACTION BY COUNCIL WILL TAKE PLACE AT THAT TIME.
THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S
WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY
CLERK'S OFFICE AT 736-7008 OR CITYCLERK@DOVER.DE.US.
A. AMENDING THE CITY OF DOVER 2008 COMPREHENSIVE PLAN, AS AMENDED, BY
AMENDING LAND DEVELOPMENT MAP 12-1 BY CHANGING THE LAND USE
CLASSIFICATION FROM RESIDENTIAL HIGH DENSITY TO INDUSTRIAL AND PUBLIC
UTILITIES ON PROPERTY LOCATED ON THE NORTHWEST SIDE OF COMMERCE WAY AND
NORTH OF WEST NORTH STREET
10. REZONING REQUESTS - FIRST READINGS OF PROPOSED ORDINANCES
THE FIRST READING IS OFFERED ON THE FOLLOWING PROPOSED ORDINANCES. THEY ARE
RECOMMENDED FOR REFERRAL TO THE PLANNING COMMISSION FOR A PUBLIC HEARING ON
FEBRUARY 19, 2019 AND THAT A PUBLIC HEARING BEFORE CITY COUNCIL BE SET FOR
MARCH 11, 2019 AT 7:30 P.M., AT WHICH TIME THE FINAL READINGS AND COUNCIL ACTION WILL
TAKE PLACE. THE ORDINANCES ARE AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS,
ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY
CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR CITYCLERK@DOVER.DE.US.
A. ORDINANCE #2019-05-PROPERTY LOCATED ON THE NORTHWEST SIDE OF
COMMERCE WAY AND NORTH OF WEST NORTH STREET, CONSISTING OF A 22.967+/-
ACRE PARCEL, OWNED BY H & M PROPERTIES, LLC. THE PROPERTY IS CURRENTLY
ZONED RG-2 (GENERAL RESIDENCE) AND IPM (INDUSTRIAL PARK MANUFACTURING)
AND THE PROPOSED ZONING IS IPM (INDUSTRIAL PARK MANUFACTURING)
(TAX PARCEL: ED-05-076.10-02-07.03-000; PLANNING REFERENCES: Z-19-01 AND MI-19-02;
COUNCIL DISTRICT: 1)
B. ORDINANCE #2019-06-PROPERTY LOCATED AT 45 SOUTH STATE STREET AND SOUTH
AMERICAN AVENUE, CONSISTING OF TWO (2) PARCELS OF LAND TOTALING 0.81+/- ACRES
(0.32 +/- ACRES AND 0.49+/- ACRES) , OWNED BY WESLEY COLLEGE, INC. THE PROPERTIES
ARE CURRENTLY ZONED RG-O (GENERAL RESIDENCE AND OFFICE), SUBJECT TO
H (HISTORIC DISTRICT) AND THE PROPOSED ZONING IS IO (INSTITUTIONAL AND
OFFICE), SUBJECT TO H (HISTORIC DISTRICT).
(TAX PARCELS: ED-05-077.05-04-33.00-000 AND ED-05-077.05-04-36.00-000; PLANNING REFERENCE:
Z-19-02; COUNCIL DISTRICT: 2)
C. ORDINANCE #2019-07-PROPERTY LOCATED AT 157 ROOSEVELT AVENUE, CONSISTING
OF 1.641 +/- ACRES, OWNED BY PAUL AND LINDA SCHREPPLER (EQUITABLE OWNER:
MILLER INVESTMENTS, LLC.) THE PROPERTY IS CURRENTLY ZONED R-8 (ONE-FAMILY
RESIDENCE) AND THE PROPOSED ZONING IS RG-2 (GENERAL RESIDENCE)
(TAX PARCEL: ED-05-077.18-02-75.00-000; PLANNING REFERENCE: Z-19-03; COUNCIL DISTRICT: 2)
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COUNCIL AGENDA - JANUARY 28, 2019 PAGE 4
11. CITY MANAGER’S ANNOUNCEMENTS
12. COUNCIL MEMBERS’ ANNOUNCEMENTS
13. ADJOURNMENT
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EXECUTIVE SESSION PURSUANT TO:
29 DEL. C. §10004(B)(2) - PRELIMINARY DISCUSSIONS ON SITE ACQUISITIONS FOR ANY PUBLICLY FUNDED CAPITAL
IMPROVEMENTS, OR SALES OR LEASES OF REAL PROPERTY;
29 DEL. C. §10004(B)(4) - STRATEGY SESSIONS, INCLUDING THOSE INVOLVING LEGAL ADVICE OR OPINION FROM AN
ATTORNEY-AT-LAW, WITH RESPECT TO COLLECTIVE BARGAINING OR PENDING OR POTENTIAL LITIGATION, BUT ONLY
WHEN AN OPEN MEETING WOULD HAVE AN ADVERSE EFFECT ON THE BARGAINING OR LITIGATION POSITION OF THE
PUBLIC BODY;
29 DEL. C. §10004(B)(6) - DISCUSSION OF THE CONTENT OF DOCUMENTS, EXCLUDED FROM THE DEFINITION OF
"PUBLIC RECORD" IN §10002 OF THIS TITLE WHERE SUCH DISCUSSION MAY DISCLOSE THE CONTENTS OF SUCH
DOCUMENTS;
29 DEL. C. §10004(B)(9) - PERSONNEL MATTERS IN WHICH THE NAMES, COMPETENCY AND ABILITIES OF INDIVIDUAL
EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT SUCH A MEETING BE OPEN
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2),
THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING
EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.
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SPECIAL COUNCIL MEETING
A Special Council Meeting was held on January 14, 2019 at 6:31 p.m. with Councilman Hare
presiding in the absence of Council President Slavin. Members present were Mr. Sudler, Mr. Neil,
Mr. Cole, Mr. Polce, and Mr. Lindell. Mr. Anderson was absent. Mayor Christiansen was also
absent.
Council staff members present were Mrs. Mitchell and Mrs. McDowell. Other staff members
present were Mr. James S. Robinson. Also present was Mr. Kirk Betts, Betts & Holt, LLP.
ADOPTION OF AGENDA
Mr. Neil moved for approval of the agenda, seconded by Mr. Lindell and unanimously carried.
Mr. Lindell moved to recess into Executive Session pursuant to 29 Del. C. § 10004 (b)(6) -
Discussion of the content of documents, excluded from the definition of "public record" in
§ 10002 of this title where such discussion may disclose the contents of such documents
(§ 10002 (l)(2) trade secrets and commercial or financial information obtained from a person
which is of a privileged or confidential nature). The motion was seconded by Mr. Neil and
unanimously carried.
The Special Council Meeting recessed into Executive Session at 6:32 p.m.
The Executive Session adjourned at 6:42 p.m.
ACTION RESULTING FROM THE EXECUTIVE SESSION
During the executive session, members of Council considered preliminary proposals for energy and
capacity.
Mr. Neil moved to authorize the City Manager to proceed with the proposals for energy and
capacity. The motion was seconded by Mr. Polce and unanimously carried.
Mr. Neil moved for adjournment, seconded by Mr. Polce and unanimously carried.
The Special Council Meeting adjourned at 6:43 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of January 14, 2019 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on January 14, 2019 at 7:30 p.m. with Councilman Hare
presiding in the absence of Council President Slavin. Council members present were Mr. Anderson,
Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, Mr. Hare, and Mr. Lindell.
Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fire
Chief Rhodes, 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.
Councilman Hare declared the Open Forum in session and reminded those present that Council was
not in official session and could not take formal action.
Mr. Matt Davis and Mr. David Pierson, owners of 217-219 West Reed Street, were present to speak
about the increased crime in that area.
The invocation was given by Bishop Thomas L. Holsey, followed by a moment of silence for the
passing of Mr. Charles “Terry” Jackson and the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Lindell and unanimously carried.
Mr. Sudler moved for approval of the consent agenda, seconded by Mr. Neil and carried by
a unanimous roll call vote (Slavin absent).
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 10, 2018
The Minutes of the Special Council Meeting of December 10, 2018 were unanimously approved
by motion of Mr. Sudler, seconded by Mr. Neil and bore the written approval of Mayor
Christiansen.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 10, 2018
The Minutes of the Regular Council Meeting of December 10, 2018 were unanimously
approved by motion of Mr. Sudler, seconded by Mr. Neil and bore the written approval of
Mayor Christiansen.
CERTIFICATE OF CONGRATULATIONS - THE LITTLE SCHOOL 65TH ANNIVERSARY
The City Clerk read the following Certificate of Congratulations into the record:
CERTIFICATE OF CONGRATULATIONS
Presented to
The Little School
Since 1954, The Little School has been dedicated to serving families in Dover with a team
approach and commitment to developing the whole child. Within an ever changing family
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 2
dynamic, The Little School builds skills for a life of success and fulfillment by creating lasting,
strong and positive relationships between the child, family and school.
The City of Dover extends its sincere congratulations
to The Little School for being the cornerstone for educating
young children for the past 65 years.
Congratulations on this special milestone; we wish
you many more years of great success.
January 14, 2019
On behalf of City Council, The Little School alumni, and the Citizens of the City of Dover,
Mayor Christiansen presented the Certificate to Shannon Mercer, Lisa Ratliff, and the Little School
staff. He noted that The Little School has molded many young men and women who have gone on
to be leaders in our community, the state, and the nation.
Ms. Ratliff thanked members for the recognition, noting that they were honored to be there. She
recognized The Little School founders, Penny Fox, Hattye Mae Biddle, and Jane Richter, stating that
they were incredible mentors, and their incredible staff and families. Ms. Ratliff advised that, as part
of their 65th year, they were doing a community kindness campaign and a postcard campaign.
RECOGNITION OF SERVICE - COURTNEY STEWART - DOVER HUMAN RELATIONS
COMMISSION (MARCH 2014 - SEPTEMBER 2015), UTILITY COMMITTEE (MAY 2015
- MAY 2016), AND LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
(JUNE 2016 - OCTOBER 2018)
On behalf of members of Council and the Citizens of Dover, Mayor Christiansen presented
Dr. Courtney Stewart with a Dover Cup in recognition of her service on the Dover Human Relations
Commission (March 2014 - September 2015), the Utility Committee (May 2015 - May 2016), and
the Legislative, Finance, and Administration Committee (June 2016 - October 2018).
Dr. Stewart thanked City Council for letting her participate on the various Committees throughout
the year. She noted that she had really enjoyed her service and was only leaving because she moved
out of the City limits.
C O U NCI L CO MMI T T E E O F TH E WH O L E R E PO R T -
DECEMBER 11, 2018
The Council Committee of the Whole met on December 11, 2018 at 6:00 p.m., with
Council President Slavin presiding. Members of Council present were
Mr. Anderson, Mr. Sudler, Mr. Neil (arrived at 6:02 p.m.), Mr. Lewis, Mr. Cole,
Mr. Polce, Mr. Hare (arrived at 6:27 p.m.), and Mr. Lindell. Mayor Christiansen was
also present. Civilian members present for their Committee meetings were
Mr. Caldwell and Dr. Warfield (Parks, Recreation, and Community Enhancement),
Mr. Garfinkel and Mr. Shelton (Safety Advisory and Transportation), and Mrs. Doyle
and Ms. Scarborough (Utility).
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PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairman Sudler presiding.
Fourth District Total Expenditures for ADA/Walkway, Street Paving Projects
and Miscellaneous Enhancements for 2015-2018
Mrs. Donna Mitchell, City Manager, reviewed a summary of the Fourth District
Public Works ADA/Walkway and Street Paving Projects and Miscellaneous
Enhancements for 2015 - 2018. She noted that the total expenditure was $2,381,825
and some of the projects had partial or total funding from Senator Bushweller and
Representative Lynn.
Criminal Statistics and Complaint Increase or Decrease for Fulton Deli Market
- August - November 2017 vs. August - November 2018
Police Chief Marvin Mailey reviewed comparative statistics regarding complaints for
the 300 block of Fulton Street, noting that there were less complaints between August
and November 2018 than August and November 2017. Chief Mailey explained that
“Self Initiated Complaints” were complaints initiated by a police officer and advised
that there were 14 generated in 2017 versus seven (7) in 2018. He noted that the
Fulton Street Deli was closed on August 2, 2018 due to a criminal investigation
conducted by the Police Department in concert with the Department of Planning and
Inspections.
Mr. Anderson asked if, based on the volume of complaints, Chief Mailey thought
there was a definite connection between the illegitimate disorderly operation of the
Fulton Street Deli and the complaints in the area around it. Responding,
Chief Mailey stated yes, the business which was investigated and subsequently closed
down was a magnet for criminal activity in the area as well as narcotics, so it brought
a lot of people to the area. He noted that, upon its closing, the Police Department
saw a rapid decrease of criminal activity and associated complaints. Chief Mailey
advised that the closure of the Fulton Street Deli allowed the Police Department to
move resources elsewhere in the city and meet other issues.
Mr. Anderson asked if Chief Mailey thought there needed to be any adjustments to
the City’s ordinances related to safe communities and disorderly premises. He
indicated that people had been suffering in some areas, such as the Hamlet, Kirkwood
Street and Fulton Street, for years before the City was able to finally resolve the
issues. Responding, Chief Mailey stated that he thought the laws in place were
sufficient. He noted that he thought that the cooperation of the residents and people
willing to report criminal activity helped in this situation. Chief Mailey advised that
community outreach and cooperation go a long way toward helping the Police
Department achieve its goals and as long as people are willing to work with them,
they have plenty of tools to solve a lot of problems.
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 4
Mr. Anderson expressed his appreciation for the great work done by the employees
of the Dover Police Department.
Mayor Christiansen also commended the employees of the Dover Police Department
for the outstanding job they had done, noting that it was a great example of
community policing. He advised members of the possibility of the deli reopening
under new ownership and that the Police Department and community would continue
to be vigilant.
Mr. Lindell commended the Police Department for addressing this situation and
asked if the Police Department would be redistributing resources on the outskirts of
the city as well, noting that there had been an uptick in break-ins and other crimes in
the First District. Responding, Chief Mailey advised that the Police Department
constantly reviews criminal statistics and reevaluates enforcement efforts and tailors
them to current crime trends.
Mr. Sudler asked if the closing of the Elks Lodge on Kirkwood Street as well as the
Fulton Deli had made a significant impact on crime, particularly prostitution, in that
general area. In response, Chief Mailey informed members that, as a result of online
dating, prostitution had taken on different forms and the Police Department
monitored illicit websites for this type of activity. He stated that since those
businesses had closed, the Police Department had definitely noticed a decrease in
crime and criminal activity in those neighborhoods.
Mr. Anderson noted that there was a particular liquor store downtown that seemed
to be a magnet for disorderly conduct around it and stated his hope is that they would
receive a message from some of these other closures and work to clear up their action
as well. Responding, Chief Mailey advised that the Police Department was aware of
the activity to which Mr. Anderson was referring and they had partnered with other
organizations in an effort to investigate further. He noted that they had not detected
any activity worthy of closing the business down; however, they were keeping an eye
on that situation.
Update on College Road Walkway Installation/Estimated Cost
Mrs. Donna Mitchell, City Manager, advised members that the College Road
walkway is ranked as project number 85 on the Delaware Department of
Transportation (DelDOT) Proposed FY20 to FY25 Capital Transportation Program
and preliminary engineering is scheduled to begin in FY23. She noted that the City
did include this project as a priority on the request sent to DelDOT this year.
SAFETY ADVISORY AND
TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Lewis
presiding.
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 5
Presentation - Smart911
Mr. Charles Kistler, Executive Director of Delaware Help Initiative, provided an
overview of Smart911, explaining that the application was purchased by the State of
Delaware and is a service that allows residents to create a free safety profile for their
household that includes any information they want 911 and first responders to have
in the event of an emergency. He stated that if someone from a household dials 911
from a phone associated with a safety profile, their profile will immediately display
to the 911 call taker, providing additional information that can be used to facilitate
the proper response to a proper location. Mr. Kistler noted that Smart911 provides
details that could impact the response the second an emergency call is placed and
saves 12 minutes in response time, which could be the difference between life and
death. He stated that the application is available in all 50 States and people can
create a profile at www.smart911.com to provide 911 valuable information regarding
their entire household. Mr. Kistler advised that the service is private and secure, and
individuals control the information that they provide.
Mr. Kistler advised that he and his colleague, Mr. Harold Stafford, were trying to
raise grant funds to address the Smart911 application within the Dover communities
that they served with the Lights-On program and they would return with a proposal
for implementation in the City once they secure the grant funding. He stated that this
program would provide additional public safety which is the whole basis of what
they're doing. Mr. Kistler noted that in every city that they go to, a simple light bulb
on a front porch leads to an alleyway of solar-powered lights or the retrofitting of
streetlights to LED lights.
In response to Mr. Anderson, Mr. Kistler committed to providing an information
packet regarding Smart911 subsequent to the meeting for inclusion in the Council
meeting packet for January 14, 2019. He stated that, in addition to providing the
information packet, he would also provide information for the Customer Service
Department, so individuals who come into the Department will have access to the
information as well. (City Clerk’s Office Note: Subsequent to the meeting,
Mrs. Donna Mitchell, City Manager, provided members with additional information
regarding Smart911).
Responding to Mr. Shelton, Mr. Kistler advised that the data individuals provide is
protected, explaining that it is stored on the Emergency Operations Center (EOC)
platform.
Mr. Neil stated that he looked forward to having the information packet, so that he
and Mr. Cole could forward it to the Third District homeowners’ association
presidents to circulate throughout their communities.
Mr. Lewis thanked Mr. Kistler for the presentation and stated that, as a certified CPR
basic first-aid instructor, he could attest that it is a phenomenal program. He
implored Mr. Kistler to follow up and provide the information packet to
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 6
Mrs. Donna Mitchell, City Manager, and Council President Slavin, since he would
no longer be on Council.
Evaluation of Proposals - Ambulance Service Contract
Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding
the evaluation of proposals for the Ambulance Service Contract. She reminded
members that the City issued an addendum to the request for proposals (RFP) for the
Ambulance Service Contract on November 16, 2018 and stated that all four (4)
original proposers responded to the addendum.
Staff recommended authorizing the City Manager to execute a three-year contractual
agreement with St. Francis Healthcare for BLS Ambulance Services to include
two units, 24 hours, 7 days a week with 2 EMT’S in accordance with the terms
included in RFP #19-0001CM, issued July 11, 2018, and subsequent addendum
issued November 16, 2018.
Responding to Mr. Neil, Mrs. Mitchell advised that the cost of the current contract
was $245,000 and the proposal submitted by St. Francis Healthcare was less than the
current amount.
Mayor Christiansen commended Mrs. Mitchell for following through on looking into
the facts and information that were available.
Mr. Lindell indicated that he thought that when this contract comes up again Council
should evaluate the previous contract and future needs prior to initiating the RFP
process. He stated that he thought that staff did their due diligence but Council
dropped the ball as far as communicating what they wanted.
The Committee recommended authorizing the City Manager to execute a three-year
contractual agreement with St. Francis Healthcare for BLS Ambulance Services to
include two units, 24 hours, 7 days a week with 2 EMT’S in accordance with the
terms included in RFP #19-0001CM, issued July 11, 2018, and subsequent
addendum issued November 16, 2018, as recommended by staff.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent).
UTILITY COMMITTEE
The Utility Committee met with Chairman Cole presiding.
Dover Downs International Speedway - Request for Well - Lot 18
Mrs. Donna Mitchell, City Manager, reviewed a request from Dover Downs
International Speedway to drill a well on Lot 18. She advised members that Chapter
110 - Utilities, Section 110-67 - Private Wells of the Dover Code states that “It shall
be unlawful and a nuisance for any person to dig, drill or otherwise excavate any well
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 7
more than 150 feet below the surface of the ground within the city, or one mile
thereof, without the permission of the city council given by resolution. No permission
shall be given for a well on any property where a potable water supply is available.”
Mrs. Mitchell explained that the Code prohibits her from granting this request;
however, Council can authorize it by adoption of a resolution. She informed
members that, since it is not potable water, the Department of Public Works
contacted the Department of Natural Resources and Environmental Control
(DNREC) to ensure that the City would not be held liable. Mrs. Mitchell read
DNREC’s response, as follows: “After discussion with our office of drinking water,
the following requirements would be needed if the shower facility moved forward.
Signage must be installed stating that the water is non-potable, shower use only, no
sinks will be allowed. Tempering valves will be required and the shower and facility
will have signage that states that filling bottles will not be allowed.” She explained
that if the City moves forward with authorization of this facility, staff would need to
make sure there is assurance that these conditions are met for DNREC’s purposes.
Mr. Greg Moore, Becker Morgan Group, and Mr. Jim Hosfelt, Dover International
Speedway, reviewed a map entitled “Master Plan Firefly.” Mr. Moore indicated that
the end of the water line was over 5,000 feet from the proposed shower facility for
the campers in this area and it was cost prohibitive to extend the water line for the
purposes of the three (3) day Firefly Festival. He stated that their proposal was to
drill a well which would provide the water service to the shower facility. Mr. Moore
clarified that they were proposing lavatories to include sinks and showers and
believed they needed a potable water supply. He stated that it was very usual for
wells to be completely potable and they would go through all of the standard testing
required by DNREC and the Department of Health and Social Services. Mr. Moore
informed members that there are many potable systems throughout Kent County that
provide drinking water safely, including the boy scout complex and Delaware Turf.
He noted that until last year, Polytech High School had a well system that they
operated on site. Mr. Moore advised that they would only use the system for the
proposed shower system during the festival and then it would be shut down.
Mr. Cole, noting the proximity of the Wild Meadows and Persimmon Tree Park
communities, asked if there would be any impact on the area. Responding,
Mr. Moore stated that there would be no impact in terms of the well, noting that
DNREC would dictate which aquifer is safe and issue the permit for the well.
Mr. Cole asked if Dover Downs would be in communication with the area residents
regarding this matter. Responding, Mr. Hosfelt confirmed that Dover Downs would
handle any communication the City feels is necessary. He noted that Mr. Michael
Coco and Mr. Josh Moore from AEG Presents, as well as Mr. Terry Harmeson from
Dover International Speedway, were also present. Mr. Hosfelt stated that the
Speedway and AEG wanted to emphasize that the nationwide festival industry is very
competitive now and in order to make the Firefly Festival viable, they need to keep
it fresh. He noted that approximately 50,000 people camp during Firefly and they
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 8
would like to increase the amenities in the campgrounds to make sure it is a place
people want to come back to every year.
Mr. Moore stated that, from a safety standpoint, it is very important for them to
ensure they are providing quality drinking water.
Mr. Neil stated that he thought that if the request is for potable water, the aesthetic
value of showers cannot be emphasized more. He indicated his support for the well
as long as it will not interfere with the Third District area, the water levels will
remain consistent, and the separate potable water supply will meet the requirements
of DNREC. Mr. Neil noted that he was delighted to have AEG coming in, explaining
that he thought it would stabilize the entire operation, which is vital for the City.
Responding to Mr. Sudler, Mrs. Mitchell explained that, based on the request the
City received, staff believed the proposal was for showers only; however, based on
Mr. Moore’s comments it seemed as though they were discussing a potable water
supply with DNREC. She stated that this only creates a problem because the
City Code does not allow wells with City limits; however, there is a provision for
Council to grant permission.
Mr. Moore stated that it was their fault for not making that clear. He explained that
their primary goal is a large shower facility but they also want the campers to be able
to brush their teeth, and they want the water at a level where they can allow that to
happen safely. Mr. Moore noted that they want everyone to be safe and comfortable
and do not want to have to install signs in the facility indicating there is an issue with
the water.
Responding to Mr. Anderson, Mr. Moore explained that they could not pursue the
permitting process and testing until Council grants the exception to allow a well to
be drilled.
In response to Mr. Anderson, Mr. Slavin advised that the Committee could simply
make a motion with a recommendation to Council to have a resolution prepared for
the next meeting. He explained that Council could then consider the Committee’s
recommendation, as well as a draft resolution authorizing the well, during its next
meeting.
The Committee recommended that the City move forward with the processes
necessary to permit a well for this special purpose during the Firefly event, and
instructing that a resolution be drafted for the next Council meeting.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent). (Adoption of
the Resolution is scheduled to take place during the latter part of the meeting).
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 9
Evaluation of Proposals - Water / Wastewater Rate Study
Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding
the evaluation of proposals for the Water / Wastewater Rate Study. She noted that
staff budgeted $60,000 for this project and the recommended bid rate was $44,500,
which would result in a savings on this project.
Staff recommended awarding the contract to Municipal & Financial Services to
perform a Water / Wastewater Rate Study, Bid #19-0009PW, for the amount of
$44,500.
The Committee recommended awarding the contract to Municipal & Financial
Services to perform a Water / Wastewater Rate Study, Bid #19-0009PW, for the
amount of $44,500, as recommended by staff.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent).
Evaluation of Proposals - GIS Inventory Survey of Roadway and Other
Outdoor Lights
Mr. James Robinson, Electric Director, reviewed the background and analysis
regarding the evaluation of proposals for GIS Inventory Survey of Roadway and
Other Outdoor Lights.
Staff recommended awarding the contract to Citelum as per the proposal submitted
in response to RFP #19-0010EL.
Responding to Mr. Lewis, Mr. Robinson confirmed that the lowest bidder is from
Dover and the price reflects the preference criteria for contract awards, however, the
decision was based on experience. He advised that the lowest bidder has the ability
to go out and identify objects to put on the database; however, they do not have the
experience to identify the 14 different attributes the City requires. Mr. Robinson
stated that staff wanted to ensure that the City has sufficient information to decide
what lights are needed.
Mr. Anderson stated that he leans toward the local company that scored a 90 and was
in the top three (3) bidders. He asked Mr. Robinson to explain the differences
between the top three (3) companies and why the City wouldn’t select the local
company which is also a low bidder. In response, Mr. Robinson advised that staff
looked very closely at the experience that each of the vendors have coming into this
effort, noting that some of them have done hundreds of thousands of these types of
audits, while others have only done a handful. He explained that some of the vendors
have experience identifying the various types of information that the City is seeking,
while others, although strong vendors, don't necessarily have that experience.
Mr. Robinson noted that it was a tight ranking and a fair amount of preference was
given to those experienced bidders.
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 10
Mr. Polce noted that he was excited that this project would provide the City with a
real opportunity for innovation, in terms of being a smart city, incorporating 4G and
5G on these light fixtures, and providing data analytic capability. He stated that,
based on his research, Citelum is an international firm that had done hundreds of
thousands of these types of audits, and asked if Mr. Robinson had full confidence
that, for the minor price difference of $3,800, Citelum would be able to deliver a
really great Phase I process that will lead the City into Phase II and ultimately to
engage in larger conversations regarding smart city technology, etc. Responding,
Mr. Robinson stated that the ability not necessarily to do this type of inventory but
to do a comprehensive review, analysis, photometric studies, etc. to go to the smart
city environment was one (1) of the strengths of this particular bidder and others. He
noted that it is important to be able to utilize a firm who understands how all the
pieces fit together. Mr. Robinson stated that the price difference is fairly small and
the recommended bidder is not a Dover company, however, based on the criteria
reviewed, staff felt this was the best choice.
Mrs. Donna Mitchell, City Manager, informed members that this GIS audit would
enable the City to convert to LED lights and it would also fix the City’s billing
system. She explained that the current billing system is inaccurate and the audit will
determine what lights the City should be billing. Mrs. Mitchell noted that the street
lights are a General Fund expense, and this project will help the General Fund
because the billing will be accurate, and energy charges will decrease once the LED
lights are installed. She stated that the Electric Fund is paying for the project and the
General Fund will hopefully reap the benefits from it.
Mr. Sudler stated that he would like to see more business given to local companies
and asked Mrs. Mitchell if she thought the local company would be able to achieve
the City’s goal. Responding, Mrs. Mitchell advised that she could not answer his
question because she did not review any of the proposals for this project. She
explained that she turned this project over to the Electric Director and the
determination was left to the expertise of him and his staff.
Mr. Sudler asked if this was Mr. Robinson’s first project of this magnitude. In
response, Mr. Robinson stated that he did a similar project in Massachusetts,
however, it was smaller since they only had 1,800 street lights to inventory.
Mr. Sudler asked if Mr. Robinson thought the local company would be able to
perform the task and achieve the City’s goal even thought they had a few things
missing. Responding, Mr. Robinson explained that the local company did not
demonstrate that they could go out and get all of the information the City wants for
each light. He stated that the needed to demonstrate that they had completed a
sufficient number of these types of projects in the past for staff to be comfortable,
explaining that they did not want to get in a position where the vendor only provides
half of the information that they claim they will provide because staff is trying to
keep the process moving along fairly quickly. Mr. Robinson stated that, based on his
experience in Massachusetts, he found that it was important to have all the
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 11
information to be able to effectively develop the next steps of the program. He
indicated that information, like the light wattage, is not readily available to the
untrained eye, and those who have done this for a long time can quickly identify the
information.
Mr. Sudler stated that he understood and appreciated the importance and urgency of
the project; however, he wanted to ensure that the City did not overlook local
companies that may be able to provide the same service and were just missing a few
things. He noted that he thought it was very important for the City to invest in local
companies as well as seek outside companies.
Responding to Mr. Hare, Mr. Robinson explained that the local company may be able
to do the job, however, they did not demonstrate that they have enough experience
for staff to be comfortable that they will provide everything the City is requiring by
the end of the 45 days.
In response to Mr. Slavin, Mrs. Mitchell confirmed that the total was used for
evaluation purposes and reflected the price with the 3% reduction for local
companies. She noted that if the 3% were factored into the price, they would not
have the lowest bid. Mrs. Mitchell explained that the vendor would pay the unit
price based on the number of lights in the City’s system. Mr. Robinson noted that
the unit price is the price the company actually quoted. Mr. Slavin suggested that the
evaluation prices and the actual prices to be paid be presented in the future.
In response to Mr. Lindell, Mr. Robinson advised that the overall project, including
acquisition and installation of the light, would cost approximately $3M. Mr. Lindell
noted that he believed that if staff thought there was a tie between the vendors, they
would recommend the local vendor. He stated that, in this case, he trusted the
recommendation of the City’s experts that these individuals would do the job and
enable the City to complete this $3 million project without having to ask for more
money to fix any potential mistakes that may occur.
Mr. Polce moved to recommend awarding the contract to Citelum as per the proposal
submitted in response to RFP #19-0010EL, as recommended by staff. The motion
was seconded by Mr. Lindell.
Responding to Mr. Sudler, Mr. Robinson stated that he did not have the information
regarding the differences in vendor experience with him, however, he could provide
that information.
Mr. Sudler explained that he needed those kinds of figures to make decision. He
noted that he was not questioning staff’s expertise, however, he thought members
should be provided all the facts in the future. Mr. Sudler stated that he did not feel
comfortable making a decision because he felt members were missing information
that was vital to making an education decision.
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 12
Mr. Hare noted that if he were provided all of the detailed information regarding GIS
and lights, he would probably not understand half of it, therefore, he relied on
Mr. Robinson’ knowledge and expertise and would support his recommendation. He
indicated that the responsibility for the decision would be staff’s, since the
recommendation came from staff.
The Committee recommended awarding the contract to Citelum as per the proposal
submitted in response to RFP #19-0010EL.
By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation,
seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent).
By consent agenda, Mr. Sudler moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent).
MONTHLY REPORTS - NOVEMBER 2018
By motion of Mr. Sudler, seconded by Mr. Neil, 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
Controller/Treasurer's Budget Report (October and November)
Fire Chief's Report
Police Chief's Report
RESOLUTION NO. 2019-01 AUTHORIZING THE CONSTRUCTION OF A PRIVATE
WELL ON THE GROUNDS OF DOVER INTERNATIONAL SPEEDWAY FOR THE SOLE
PURPOSE OF A SHOWER FACILITY ON LOT 18
Mrs. Donna Mitchell, City Manager, advised that the Resolution would authorize Dover
International Speedway to install a well on lot 18. She noted that the Office of Drinking Water
suggested a few administrative changes and that they would be included in the final Resolution.
By motion of Mr. Neil, seconded by Mr. Polce, Resolution No. 2019-01 was unanimously
adopted, as follows:
A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A PRIVATE WELL ON
THE GROUNDS OF DOVER INTERNATIONAL SPEEDWAY, INC. FOR THE SOLE
PURPOSE OF A SHOWER FACILITY ON LOT 18
WHEREAS, pursuant to Chapter 110 - Utilities, Article III - Water, Section 67 - Private
Wells of the City of Dover Municipal Code, a Request to construct a private well for the area known
as Lot 18 belonging to Dover International Speedway, Inc. was submitted by the real property
owners; and
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 13
WHEREAS, in order to ensure the public health and safety, the well requirements contained
in this Resolution shall apply to all wells located on property belonging to Dover International
Speedway, Inc. or any version thereof and/or private wells utilized to provide potable water to any
related events; and
WHEREAS, pursuant to Chapter 110 - Utilities, Article III - Water, Section 67 - Private
Wells, the City of Dover and the State of Delaware Department of Natural Resources and
Environmental Control evaluated the request for a private well on Lot 18, zoned Recreational
Commercial (RC), and identified required construction criteria and necessary development of an
operation and maintenance plan; and
WHEREAS, the property owners of Lot 18 will be required to complete the construction and
all operations and maintenance in accordance with the requirements of the City of Dover Municipal
Code, State of Delaware Code, and any related policies of the State of Delaware Department of
Natural Resources and Environmental Control and the State of Delaware Division of Public Health
prior to supplying water to the public and receiving a Certificate of Approval to Operate per event;
and
WHEREAS, Chapter 110 - Utilities, Article III - Water, Section 67 - Private Wells requires
that it shall be unlawful and a nuisance for any person to dig, drill or otherwise excavate any well
more than 150 feet below the surface of the ground within the city, or one mile thereof, without the
permission of the city council given by resolution.
NOW THEREFORE BE IT RESOLVED:
1. That the proposed well is considered in accordance with the zoning classification and
any change in zoning will negate this Resolution; and
2. That all the property owners within the district are benefitted directly or indirectly by
the proper and responsible construction, operation and maintenance of the well; and
3. That it is in the public interest that the well be constructed in accordance with the
State of Delaware Code and any related policies of the State of Delaware Department
of Natural Resources and Environmental Control; and
4. That in the interest of public health and safety that the infrastructure within Lot 18,
exclusive of that within Delaware Department of Transportation/City of Dover
right-of-way, shall be maintained in accordance with the Operation and Maintenance
Plan developed by the owner which shall include, but not be limited to, providing a
secure facility/well house to protect the wellhead and allow for potential treatment,
providing a contingency plan for the provision of potable water, performing private
testing to ensure adherence to federal/state drinking water standards, at the owner's
expense, starting a minimum of two (2) weeks prior to utilization of the well and that
maintenance shall include regular minor and major maintenance as well as
emergency repairs as needed; and
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 14
5. Construction of a well on Lot 18, property of Dover International Speedway, Inc.
shall not exempt the property owner or developer from participation in a water utility
should one be extended by the City of Dover, and signage will be installed to inform
the public that the water is not City of Dover supplied water and
6. Any transfer of property, negates this resolution; and
7. That the City of Dover Council concurs with the installation of a well on Lot 18 -
Dover International Speedway, Inc.
ADOPTED: JANUARY 14, 2019
DELAWARE DEPARTMENT OF TRANSPORTATION (DELDOT) EASEMENTS FOR
WHITE OAK ROAD
Mrs. Donna Mitchell, City Manager, advised that the Delaware Department of Transportation
(DelDOT) plans to perform work on White Oak Road and they need an easement across the road into
the Garrison Farm property. She noted that one is a permanent easement for maintenance around
the bridge that DelDOT will need to do in the future, and the other is a temporary easement for
construction.
Mr. Neil moved for approval of the easements, seconded by Mr. Cole and unanimously carried.
APPOINTMENT OF DELAWARE MUNICIPAL ELECTRIC CORPORATION (DEMEC)
DIRECTOR AND ALTERNATE DIRECTOR (DONNA S. MITCHELL, CITY MANAGER,
AND JAMES S. ROBINSON, ELECTRIC DIRECTOR)
By consent agenda, Mr. Sudler moved to appoint Mrs. Donna S. Mitchell and
Mr. James S. Robinson to serve as Delaware Municipal Electric Corporation (DEMEC)
Director and Alternate Director, respectively. The motion was seconded by Mr. Neil and
carried by a unanimous roll call vote (Slavin absent).
FINAL READING - PROPOSED ORDINANCE #2018-13
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of
December 10, 2018. Acting Chair Hare reminded members of the public that copies of the proposed
ordinance were available at the entrance of the Council Chambers or on the City's website at
www.cityofdover.com under "Government."
Mr. Sudler moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Neil and unanimously carried.
Mrs. Donna Mitchell, City Manager, advised that this was the first amendment to the budget
necessary to cover the project carry forward balances for all of the multi-year capital improvement
projects that were not completed. She stated that the Ordinance would carry forward those budget
balances into the next year, as well as add $50,000 to the fleet maintenance division for the police
cars and $50,000 to the human resources division for the diversity and inclusion study.
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 15
By motion of Mr. Neil, seconded by Mr. Lindell, Council, by a unanimous roll call vote (Slavin
absent), adopted Ordinance #2018-13 (Exhibit #1).
ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED
ORDINANCE #2019-01
A request was received for annexation and rezoning of property located at 2920 North DuPont
Highway (on the east side of North DuPont Highway and adjacent to the north side of Maxwell
Street), consisting of 0.57 acres+/- acres, owned by NewWind Properties 2920 LLC. This property
is currently zoned BG (General Business)(Kent County zoning classification) and the proposed
zoning is C-4 (Highway Commercial)(City of Dover zoning classification). Staff recommended that
the request be referred to the Utility Committee on January 29, 2019; the Planning Commission on
February 19, 2019; and that a Public Hearing be set for March 11, 2019 at 7:30 p.m.
(Tax Parcel: ED-00-057.02-01-08.00-000; Planning Reference: AX-19-01; Council District: 3rd)
Mr. Neil moved for referral, as recommended, seconded by Mr. Cole and unanimously carried.
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 #2019-01 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
AT 2920 NORTH DUPONT HIGHWAY, OWNED BY NEWWIND PROPERTIES 2920 LLC.
CITY MANAGER'S ANNOUNCEMENTS
Mrs. Donna Mitchell, City Manager, advised that leaf collection ended on January 11th and that they
were back to their normal street sweeping cycle.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Anderson invited everyone to the Annual Chili Cookoff at Maranatha Life Changing Church,
1235 East Division Street, on January 24th from 6:00 to 9:00 p.m. He noted that the event is to
benefit Hopes and Dreams Incorporated and Maranatha Life Changing Church. The recommended
donation is $10 for individuals and $20 per family.
Mr. Anderson announced that Monday, January 21st would be the 33rd celebration of Dr. Martin
Luther King’s birthday as a national holiday and Delaware State University would be holding a
program 12:00 p.m. in the Education and Humanities Building theater with a reception afterwards.
He noted that it was free and open to the public and he encouraged everyone to attend.
Mr. Sudler announced that the Alpha Phi Alpha incorporated 1906 will be hosting the Martin Luther
King, Jr. prayer breakfast at the Modern Maturity Center at 7:00 a.m. on January 21st and invited
everyone to attend.
Mr. Neil moved for adjournment, seconded by Mr. Cole and unanimously carried.
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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 16
Meeting adjourned at 7:48 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of January 14, 2019, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
TM/jt
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\01-14-2019 Council Minutes.wpd
Exhibits
Exhibit #1 - Ordinance #2018-13 - 2018-2019 Budget Ordinances - First Amendment
Page 22
EXHIBIT #1
Regular Council Meeting of 01/14/2019
CITY OF DOVER ORDINANCE # 2018-13
2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating One Hundred Thousand dollars ($100,000)
or so much thereof as may be necessary are hereby appropriated from prior year budget
balance for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2018 and ending June 30, 2019:
GENERAL FUND
CASH RECEIPT SUMMARY FOR 2018-2019
2018/19
ADJUSTMENT
TOTAL BEGINNING BALANCE & REVENUE $ 100,000
2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT
GENERAL FUND - EXPENDITURES AND BUDGET BALANCE FOR 2018-2019
2018/19
DEPARTMENT EXPENSES ADJUSTMENT
FLEET MAINTENANCE 50,000
HUMAN RESOURCES 50,000
DEPARTMENT SUBTOTALS 100,000
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JANUARY 14, 2019
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2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT
GOVERNMENTAL CAPITAL PROJECTS FUND
REVENUES AND BUDGET FOR 2018-2019
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating One Million Ninety Two Thousand Two Hundred dollars
($1,092,200) or so much thereof as may be necessary are hereby appropriated from prior year budget
balance for the use by several departments of the Municipal Government for the fiscal year beginning
July 1, 2018 and ending June 30, 2019:
REVENUES
2018/19
ADJUSTMENT
BEGINNING BALANCE - PROJECTS $ 1,092,200
EXPENSE SUMMARY
2018/19
EXPENDITURES ADJUSTMENT
GROUNDS 62,500
RECREATION 219,500
POLICE 90,300
STREETS 694,800
FACILITIES MANAGEMENT 25,100
DEPARTMENT SUBTOTAL 1,092,200
TOTAL EXPENDITURES 1,092,200
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JANUARY 14, 2019
2
Page 24
2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT
WATER/WASTEWATER IMPROVEMENT & EXTENSION FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Three Million Five Hundred Fifty One Thousand Nine Hundred
dollars ($3,551,900) or so much thereof as may be necessary are hereby appropriated from prior year budget
balance for the use by several departments of the Municipal Government for the fiscal year
begining July 1, 2018 and ending June 30, 2019:
CASH RECEIPTS
2018/19
ADJUSTMENT
BEGINNING BALANCE - WATER $ 2,719,000
BEGINNING BALANCE - WASTEWATER 832,900
TOTAL BEGINNING BALANCES 3,551,900
EXPENSE SUMMARY
2018/19
EXPENSES ADJUSTMENT
WATER $ 250,800
WASTEWATER 832,900
WATER TREATMENT PLANT 2,468,200
TOTAL EXPENSES 3,551,900
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JANUARY 14, 2019
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Page 25
2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT
ELECTRIC UTILITY IMPROVEMENT AND EXTENSION FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating One Million Six Hundred Forty Eight Thousand
dollars ($1,648,000) or so much thereof as may be necessary are hereby appropriated from prior year
budget balance for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2018 and ending June 30, 2019:
REVENUES
2018/19
ADJUSTMENT
BEGINNING BALANCE $ 1,648,000
EXPENSE SUMMARY
2018/19
EXPENSES ADJUSTMENT
ELECTRIC GENERATION 112,000
ELECTRICAL ENGINEERING 27,000
ERP SYSTEM 1,509,000
TOTAL EXPENSES 1,648,000
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JANUARY 14, 2019
4
Page 26
2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT
COMMUNITY TRANSPORTATION IMPROVEMENT FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
The amount hereinafter named aggregating Five Hundred Seventy Thousand Nine Hundred dollars
($179,900) or so much thereof as may be necessary are hereby appropriated from prior year budget
balance for the use by several departments of the Municipal Government for the fiscal year
beginning July 1, 2018 and ending June 30, 2019:
OPERATING REVENUES
2018/19
REVISED
PRIOR YEAR BALANCE $ 179,900
TOTALS $ 179,900
OPERATING EXPENSES
2018/19
REVISED
PROGRAM EXP. GRANT RELATED $ 179,900
TOTALS $ 179,900
The City Manager is hereby authorized, without further approval of the City Council, to make
interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any
department with the exception of any transfers prohibited by City Procedure #F306.
ADOPTED: JANUARY 14, 2019
5
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COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on January 15, 2019 at 6:00 p.m. with Mr. Hare presiding
in the absence of Council President Slavin. Members of Council present were Mr. Anderson (arrived
at 6:03 p.m.), Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce (arrived at 6:02 p.m.), and Mr. Lindell.
Mayor Christiansen was also present. Civilian members present for their Committee meetings were
Mr. Caldwell (Parks, Recreation, and Community Enhancement), Mrs. Doyle (Utility), and
Mr. Shevock (Legislative, Finance, and Administration). Dr. Warfield (Parks, Recreation, and
Community Enhancement), and Mrs. Haass (Utility) were absent.
PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman Sudler
presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Neil moved for approval of the agenda, seconded by Mr. Caldwell and unanimously
carried.
Presentation - Inclusive Playgrounds
Mr. Tom Talley, a Rotarian with Brandywine-Naamans Club in Wilmington and Can-Do Playground
Chair, and Ms. Deb Edwards, Assistant Governor for the five (5) local Rotary clubs, reviewed
information regarding how the Rotary developed Can-Do Playgrounds near Wilmington, and in
Milford and Middletown to accommodate children and families of all abilities. Mr. Talley noted that
the projects required a lot of planning, expertise, and coordination between the State and
municipalities. He stated that he and Ms. Edwards wanted to determine whether the City of Dover
is interested in developing an all-inclusive playground, like the Can-Do Playgrounds, so they can
explain the City’s interest to the local Rotary clubs.
Mr. Anderson noted that he thought this was important because it would help serve members
throughout the community, and asked if the local rotaries were interested. Responding, Ms. Edwards
indicated that they had just learned about the City’s interest and were asked to come share
information. She noted that she had sent a preliminary email to the presidents of the local rotary
clubs, however, they needed to gather additional information regarding the expectations of the City
that she could take back to the presidents and the hopefully begin a collaborative effort between all
of the clubs.
Mr. Neil stated that the Rotary Club was very much a part of the City, noting that they were
sponsoring the Jolly Trolley for First Fridays. He advised that he spent 20 years in the state of
Maryland in vocational rehabilitation and was very proud of what he was able to accomplish in terms
of public affairs for the vocation. Mr. Neil stated that he thought the fact that the Rotary had
developed a blueprint based on experience would make it much easier for the City. In response,
Mr. Talley noted that there had been a number of publications which had recognized the
Can-Do Playgrounds, and people from Pennsylvania, Maryland, and New Jersey have brought their
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COUNCIL COMMITTEE OF THE WHOLE MEETING
OF JANUARY 15, 2019 PAGE 2
children to utilize the playgrounds. He stated that they have been able to change the lives of young
people.
Mr. Polce, referring to the $480,000 charitable contributions for the Wilmington project, asked who
contributed and what the average contribution was from the surrounding community. He indicated
that the City always loves the opportunity to partner with the community, especially in regarding to
capital investment, however, he also likes to consider how much the City will be responsible for
paying. In response, Mr. Talley stated that he did not know how much money the City would be
responsible for or how much would have to be raised. He indicated that, in the past, they had divided
up the fundraising initiative and worked with Parks and Recreation for the State because they
contributed the land. Mr. Talley advised that some of the contributions were from foundations and
various businesses within the community, noting that the Longwood Foundation was one of the
largest contributors. He noted that the Rotary District also utilized its grant process and contributed
more than $100,000.
Responding to Mr. Polce in regard to the monetary contributions of Nemours, Mr. Talley stated that
several physicians and the therapy departments at Nemours contributed to the project, one (1) of their
nurses helped in the planning, and they refer patients’ families to the playground.
Mr. Lindell noted that his family frequently visits the Milford Can-Do Playground and his five-year-
old daughter loves it, and it provides her with an opportunity to interact with children she would not
typically and new social skills. He noted that the information regarding the Milford playground
stated that there was $850,000 in contributions, and asked if that was the total cost of the playground.
In response, Mr. Talley explained that $850,000 was the total, including the value of the land which
was supplied by the City of Milford. He noted that the cost of the playground equipment is only one
aspect, explaining that the land, engineering, drainage, leveling, etc. were other elements that the
State provided assistance within the past. Mr. Lindell stated that he is a fan of public/private
partnerships and he thought that this seemed like a very noble project to undertake, however, he
noted that it is easy to build something but maintaining it takes additional commitment which needs
to be considered when making a decision to proceed. Responding, Mr. Talley advised that the
Rotary entered into an agreement with the State which defined their roles, and the Rotarians agreed
to provide volunteers to help the State maintain the playground. He stated that they also created an
endowment fund to help with maintenance costs. Mr. Talley noted that they had just completed a
10-year anniversary celebration and had a second fundraiser to upgrade the playground, make repairs,
and add an interpretive area.
Mr. Caldwell stated that he was in favor of an inclusive playground for the City of Dover because
it would benefit kids in the area; however, he thought that the City needed to determine who would
be involved and what the financial impact would be.
Mr. Sudler noted that individuals in the community had contacted him regarding this need and he
was happy to hear that members share this vision for an inclusive playground. He advised that he
had spoken with Senator Colin Bonini who is willing to provide financial assistance and wants to
talk to the City about making a contribution. Mr. Sudler noted that there are also grass-roots
initiatives outside of the City that can help make this a reality.
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COUNCIL COMMITTEE OF THE WHOLE MEETING
OF JANUARY 15, 2019 PAGE 3
Mr. Neil noted that there was a plan for Dover Park and he thought it would be beneficial to include
this type of playground as an enhancement to that plan and the Rotary can play a role. He asked
what the current status was for Dover Park. Responding, Mr. Sudler stated that he thought
Dover Park would be a great staring point since the City was currently revitalizing that park.
Mrs. Donna Mitchell, City Manager, stated that she would like to look at this option for Dover Park
and would also like to look at the master plan for each of the City’s parks to determine if this would
be feasible for all three (3) major City parks.
Mr. Kirby Hudson, Director of Parks and Recreation, agreed that he thought the City should begin
with Dover Park since there is a five-year master plan. He also thought the City should look at this
concept for Schutte Park. Mr. Hudson stated that the concept is excellent and would be a draw that
is desperately needed for all the City parks. He cautioned members to keep demographics in mind,
explaining that he would not want the City to put all its resources into an area where they will not
be utilized because there are not children in that area anymore.
Mrs. Mitchell stated that the current master plan for Dover Park has a five-year implementation for
affordability, explaining that the City will spend $130,000 a year over the five (5) years. She advised
that there are optional suggestions in the plan for future years if the City can afford it and noted that
if the City partners with a group such as the Rotary, she did not think it would take five (5) years to
complete the plan. Mrs. Mitchell stated that since the City already had master plans for Schutte Park
and Dover Park, she would prefer an opportunity to get the master plan for Silver Lake Park
completed and work with the Rotary group and City staff to review the master plans and come back
with a conceptual idea during the budget process.
Mr. Anderson stated that he was curious to know if there is local interest from civic organizations
in providing funding. In response, Mayor Christiansen stated that, as a Rotarian, he knew that if the
City asked, the Rotary would do it. Mr. Hare, as a Rotarian, agreed with Mayor Christiansen, but
noted that the five (5) Rotary Clubs in Dover do not have $400,000 and it would take time to get
grant proposals in and determine the funding sources.
Ms. Edwards indicated that, as a representative for the five (5) Rotary Clubs in the area, she will
need to get confirmation from all the clubs that they are interested in this project. She explained that,
in order to get their support, she will need to provide an idea of the City’s level of expectation for
the Rotary’s involvement.
Mr. Anderson moved to recommend referring the inclusive playgrounds to staff, with a
positive recommendation, and that staff return with a feasibility report in six (6) months. The
motion was seconded by Mr. Neil and unanimously carried.
Mr. Lindell moved for adjournment of the Parks, Recreation, and Community Enhancement
Committee meeting. The motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 6:43 p.m.
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COUNCIL COMMITTEE OF THE WHOLE MEETING
OF JANUARY 15, 2019 PAGE 4
UTILITY COMMITTEE
The Utility Committee met with Chairman Cole presiding.
AGENDA ADDITIONS/DELETIONS
Mr. Sudler moved for approval of the agenda, seconded by Mr. Lindell and unanimously
carried.
Evaluation of Proposals - Tree Trimming
Mr. James Robinson, Electric Director, reviewed the background and analysis regarding the
evaluation of proposals for tree trimming.
Mr. Polce noted that the City had two (2) arborists on staff and asked if a cost-benefit analysis had
been done to determine whether hiring arborists internally would be more beneficial than contracting
it out. Responding, Mr. Robinson stated that he was not aware that a cost-benefit analysis had been
done; however, he thought it may have been considered in the past. He informed members that there
is special training involved with putting people up in the power zone, and while arborists know the
trees very well, they don’t necessarily know the electricity aspect. Additionally, the equipment has
to be specially designed to work in the power zone. Mr. Robinson stated that, during his prior
experience in Massachusetts, the electric department had its own forestry crew and they found that
it was basically a tradeoff. He noted that one of the benefits for the City of Dover is being able to
continue with a firm that knows the City very well, and that the City knows very well. Mr. Robinson
advised that the City may want to consider other alternatives if it did not have that type of situation.
Mr. Polce stated that he would not encourage the City to spend money on a cost-benefit analysis if
it was not readily available. He noted that they were not talking about a large sum of money;
however, since there are already two (2) arborists on staff, he wondered how much more it would
cost for the additional work.
Staff recommended awarding a contract to Asplundh Tree Expert LLC as per the proposal submitted
in response to RFP #19-001EL.
Mr. Hare moved to recommend approval of staff’s recommendation. The motion was
seconded by Mr. Lindell and unanimously carried.
Mr. Neil moved for adjournment of the Utility Committee meeting. The motion was seconded
by Mr. Hare and unanimously carried.
Meeting adjourned at 6:48 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare presiding.
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COUNCIL COMMITTEE OF THE WHOLE MEETING
OF JANUARY 15, 2019 PAGE 5
AGENDA ADDITIONS/DELETIONS
By unanimous consent, the agenda was approved.
Report of Independent Public Accountants for the Fiscal Year Ending June 30, 2018
Mr. Remi Omisore, CliftonLarsonAllen LLP (CLA), reviewed a presentation entitled “City of Dover,
Delaware Audit Results Year Ended June 30, 2018” (Attachment #1).
Staff recommended acceptance of the report.
Mr. Sudler noted that Mr. Omisore stated that no one had received any additional information from
other auditors and that the City was very cooperative and professional. He asked if this was normal
or if these types of situations happen quite often. Responding, Mr. Omisore advised that it does not
happen quite often, which is why it is a required disclosure. He explained that he would have to
disclose if anyone put any undue pressure on the auditors, so Council could perform any follow up
and determine the course of action.
In response to Mr. Polce, Mr. Omisore stated that CLA worked with approximately 2,000 other
municipalities or jurisdictions across the country. He noted that CLA is a top 10 firm in the U.S.,
and the only firm in the top 10 that does not specialize in any SEC clients. Mr. Omisore stated that
CLA’s only clients are governments, not for profits, and some privately held businesses, noting that
CLA has more government clients than any other firm in the country.
Mr. Polce expressed concern with the City’s capital asset sheet, explaining that he thought that the
City was probably a bit over leveraged. He indicated that the City is continuing to look at its
depreciative assets and what they are truly valued at, and are continuing to probably lose its financial
footing. Mr. Polce asked if a majority of the municipalities or local jurisdictions CLA is working
with are in similar situations. Responding, Mr. Omisore stated that it is a major concern, and it is
difficult to summarize everything in one (1) key line item. He advised that the pressures of
maintaining capital assets going through infrastructure is one of the main concerns, as well as finding
applicable revenue streams for funding. He stated that, as Mr. Polce noted, the leverage model is
to borrow today and pay for it tomorrow; however, he indicated that it would eventually need to
be reconciled and is a heavy concern. Mr. Omisore stated that the Government Finance Officers
Association (GFOA) published a study two (2) or three (3) years ago regarding what this
problem and the appropriate source of funding it. He stated that he would send the study to
Ms. Lori Peddicord, Controller/Treasurer, for distribution to members.
Mr. Anderson moved to recommend acceptance of the report, as recommended by staff. The
motion was seconded by Mr. Neil and unanimously carried.
Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ending June 30, 2018
Ms. Lori Peddicord, Controller/Treasurer, reviewed a presentation entitled “City of Dover
Comprehensive Annual Financial Report Fiscal Year Ended June 30, 2018” (Attachment #2).
Staff recommended acceptance of the Comprehensive Annual Financial Report (CAFR) for the
Fiscal Year Ending June 30, 2018.
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COUNCIL COMMITTEE OF THE WHOLE MEETING
OF JANUARY 15, 2019 PAGE 6
Mr. Sudler moved to recommend approval of staff’s recommendation, seconded by
Mr. Anderson and unanimously carried.
Proposed Ordinance #2019-02 - Amending Chapter 70 - Offenses and Miscellaneous
Provisions, Section 70-7 - Registered Sexual Offenders
Mr. Hare explained that Proposed Ordinance #2019-02 would amend Chapter 70 - Offenses and
Miscellaneous Provisions, Section 70-7 - Registered Sexual Offenders, to comply with recently
adopted State legislation.
Staff recommended adoption of the Ordinance.
Mr. Neil expressed concern with lines 64 and 65 of the Proposed Ordinance, which state that it “is
unlawful for a sexual offender to wear costumes for the primary purpose of entertaining, attracting
or encouraging interaction with children.” He questioned whether it would be unconstitutional to
ban convicted sex offenders from wearing any costume at any time, noting that he could imagine a
defense attorney using intent as a means to exonerate the individual. In response, Mr. Hare
explained that the Ordinance did not propose any amendments to lines 64 or 65. He indicated that
Mrs. Traci McDowell, City Clerk, could research the State Code, explaining that he was hesitant to
make any changes that were not in line with the State.
Mr. Polce moved to recommend adoption of Ordinance #2019-02, as recommended by staff.
The motion was seconded by Mr. Cole and unanimously carried.
Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee
meeting. The motion was seconded by Mr. Shevock and unanimously carried.
Meeting adjourned at 7:26 p.m.
Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting. The
motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 7:26 p.m.
William F. Hare
Acting Chair
WFH/TM/dd/jt
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2019\01-15-2019 CCW Minutes.wpd
Attachments
Attachment #1 - Presentation entitled “City of Dover, Delaware Audit Results Year Ended June 30, 2018”
Attachment #2 - Presentation entitled “City of Dover Comprehensive Annual Financial Report Fiscal Year Ended
June 30, 2018”
Page 34
ATTACHMENT #1
©2019 CliftonLarsonAllen LLP
City of Dover, Delaware Council Committee of the Whole Meeting of 01/15/2019
Audit Results
Year Ended June 30, 2018
WEALTH ADVISORY | OUTSOURCING | AUDIT, TAX, AND CONSULTING
Investment advisory services are offered through CliftonLarsonAllen Wealth Advisors, LLC, an SEC-registered investment advisor
Page 35
©2019 CliftonLarsonAllen LLP
Agenda
Scope and Responsibilities in a Financial Statement Audit
Required Communications
Accounting Estimates and Assumptions
Financial Statement Summary
GASB Update/Emerging Issues
Questions
Create Opportunities 2
Page 36
©2019 CliftonLarsonAllen LLP
Scope and Responsibilities
• Audit of the financial statements, Comprehensive Annual
Financial Statement (CAFR)
• Report on internal controls over financial reporting and
compliance
• Communications to those charged with governance on key
components of the audit
PHASE 4
PHASE 1 PHASE 2 PHASE 3
Reporting
Planning Systems Testing &
& Follow-
& Strategy Evaluation Analysis
Up
Create Opportunities 3
Page 37
©2019 CliftonLarsonAllen LLP
Auditors Required Communications
• We have performed an audit of the financial statements in accordance with
Generally Accepted Auditing Standards (GAAS) .
• Purpose of an audit is to:
– Obtain reasonable (not absolute) assurance about whether the financial Accounting
Principles
statements are free from material misstatement
– Assess accounting principles used and significant estimates made by Other
Auditors
Accounting
Estimates
management
Required
– Evaluate the overall financial statement presentation Communications
• Unmodified Opinion Audit Key
Difficulties Disclosures
• Significant Accounting Polices
– City’s significant accounting policies are described in Note 2 to the Audit
Adjustments
financial statements and are in accordance with generally accepted
accounting principles and consistent with industry practices and standards
Create Opportunities 4
Page 38
©2019 CliftonLarsonAllen LLP
Auditors Required Communication
• Significant Disclosures
– Deposits and Investments (Page 70-75)
– Capitals Assets (Page 75-77)
– Long Term Liabilities (page 78-82/90-99/100-118)
– Fund Balance (Page 83)
• Significant Management Judgments & Estimates
– Allowance for uncollectible receivables
– Useful lives of capital assets
– Incurred but not reported claims
– Pension and other post-employment benefits (OPEB) liabilities
Create Opportunities 5
Page 39
©2019 CliftonLarsonAllen LLP
Auditors Required Communication
• Significant corrected or uncorrected misstatements
included in governance communication
• No disagreements with management
• Management was very cooperative and professional
during the audit process
• Management did not consult with other accountants
on the application of GAAP or GASB
• No major issues were discussed with management
prior to us being selected as the auditors
Create Opportunities 6
Page 40
©2019 CliftonLarsonAllen LLP
Key Assumptions
Accounting estimates are an integral part of the financial statements prepared by
management and are based on management’s knowledge and experience about past
and current events and assumptions about future events. Certain accounting estimates
are particularly sensitive because of their significance to the financial statements and
because of the possibility that future events affecting them may differ significantly from
those expected. The most sensitive estimates affecting the financial statements were:
ESTIMATE INPUT CURRENT RATE 1% DECREASE CURRENT 1% INCREASE
Police Pension Liability Discount Rate 6.5% $6,775,556 $4,897,467 $3,297,647
General Employee
Pension Liability Discount Rate 6.5% $27,391,639 $19,856,962 $13,587,496
OPEB Liability Discount Rate 6.5% $40,823,264 $31,759,477 $24,370,995
OPEB Liability Healthcare trend rate 8.50% $23,453,178 $31,759,477 $42,032,238
Create Opportunities 7
Page 41
©2019 CliftonLarsonAllen LLP
Summary of Net Changes
Fiduciary Funds
Government Wide
$12.1 million
$9.7 million
Government
Business Type Activities
Activities
$6.9 million $5.2 million
General Fund Non-major Funds Water/Wastewater Electric
$1.8 million $.7 million $3.7 million $1.5 million
Create Opportunities 8
Page 42
©2019 CliftonLarsonAllen LLP
State and Local Government Industry
Create Opportunities 9
Page 43
©2019 CliftonLarsonAllen LLP
Governmental Accounting Standards Board Update
Effective Dates
• 2018
• Statement 75—Other postemployment benefits (OPEB) plan
reporting-employers
• Statement 80—Blending Requirements for Certain Component Units
• Statement 81—Irrevocable Split-Interest Agreements
• Statement 82—Pension Issues
• Statement 85—Omnibus 2017
• Statement 86—Certain Debt Extinguishment Issues
• 2019
• Statement 83—Asset Retirement Obligations
• 2020
• Statement 84—Fiduciary Activities
• Statement 88—Certain Disclosures Related to Debt, including Direct Borrowings and Direct
Placements
• Statement 90—Majority Equity Interests
• 2021
• Statement 87—Leases
• Statement 89—Accounting for Interest Cost Incurred before the End of a Construction Period
Create Opportunities 10
Page 44
©2019 CliftonLarsonAllen LLP
QUESTIONS?
Create Opportunities 11
Page 45
©2019 CliftonLarsonAllen LLP
CLAconnect.com
Remi Omisore, CPA, MBA, CISA
Principal
Remi.Omisore.@CLAConnect.com
(410)308-8157
Page 46
ATTACHMENT #2
Council Committee of the Whole Meeting of 01/15/2019
CITY OF DOVER
Comprehensive Annual Financial Report
Fiscal Year Ended June 30, 2018
Page 47
2
FY 2018 Financial Highlights
The Government-wide change in Net position is inclusive of Pension &
OPEB expense, actuarial adjustments, cost vs. market differences on
investments and depreciation.
Governmental Business Type
Activities Activities Total
Changes in Net Position $ 6,876,666 $ 5,229,691 $ 12,106,357
Net Position Beginning 10,552,059 176,041,558 186,593,617
Net Position Ending $ 17,428,725 $ 181,271,249 $ 198,699,974
The most significant activities that affected the changes in Net Position
were:
• A positive change in Net Position, in the amount of $6.9 million, for
governmental activities due to an increase in revenue from charges
for services, operating grants and contributions, property taxes and
transfer taxes.
• The positive change in Net Position, in the amount of $5.2 million, for
business-type activities was attributable in part to increases in water,
sewer, groundwater inflow adjustment and sewer treatment fees; and
increases in usage, rent revenue and miscellaneous revenues.
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3
Capital Assets
Capital Asset Summary information
Water/Wastewater
General Fund Fund Electric Fund Total
Asset Beginning Balance $ 104,321,409 $ 94,820,249 $ 190,035,743 $ 389,177,401
New Assets 2,642,786 4,165,017 7,089,826 13,897,629
Disposed Assets (1,254,942) (2,005,972) (2,674,142) (5,935,056)
Asset Ending Balance 105,709,253
(46,592,334) 96,979,294 194,451,427 397,139,974
Net Accumulated Depreciation (46,592,334) (37,763,788) (114,178,454) (198,534,576)
Net Capital Assets $ 59,116,919 $ 59,215,506 $ 80,272,973 $ 198,605,398
Current Year Depreciation $ 3,496,182 $ 2,359,886 $ 4,772,651 $ 10,628,719
Major Assets added this fiscal year:
• General Fund
• Vehicles and related equipment totaling $0.3 million
• Broadcast and production equipment for Council Chambers; and computer and facility equipment totaling $0.2 million
• Various projects including Silver Lake dam improvements and street/paving/curb work in the amount of $2 million
• Water/Wastewater Fund
• Infrastructure and facility equipment in the amount of $0.1 million
• Various projects including multiple pump station upgrades/replacements and water main replacements totaling $4 million
• Electric Fund
• Various projects including improvements to Town Point, Blue Hen Apts., Clearview in the amount of $4 million
• VanSant Unit Upgrades $1.8 million
• ERP system $1 million
• Vehicles and equipment totaling $0.1 million
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4
Long-Term Debt
Long-Term Debt is inclusive of Compensated absences, Bonds, OPEB
Obligation and Net Pension Liability.
Water/Wastewater
General Fund Fund Electric Fund Total
LT Debt Beginning Balance $ 57,693,393 $ 19,288,238 $ 31,783,052 $ 108,764,683
New Debt 1,562,248 125,586 273,088 1,960,922
Reduction of Debt (10,133,630) (2,095,365) (3,047,956) (15,276,951)
LT Debt Ending Balance $ 49,122,011 $ 17,318,459 $ 29,008,184 $ 95,448,654
• General Fund change in long-term debt is due to:
• $1.6 million increase, offset to zero by $1.6 million decrease, in compensated absences
• $6.0 million decrease in Net OPEB Liability and $2.2 million decrease in Net Pension Liability No new
• Scheduled decrease for principal payments
bonds
• Water/Wastewater Fund change in long-term debt is due to: were
• $51,321 net increase to compensated absences
issued
• $1.0 million decrease for Net OPEB Liability and $0.2 million decrease or Net Pension Liability
• Scheduled decrease for principal payments in FY
• Electric Fund change in long-term debt is due to: 2018
• $85,163 net decrease in compensated absences
• $1.6 million decrease for Net OPEB Liability and $0.4 million decrease for Net Pension Liability
• Scheduled decrease for principal payments
Page 50
5
Governmental Statement of Revenues,
Expenses and Transfers
Total net change across all funds:
Water/Wastewater
General Fund Fund Electric Fund Total
Revenues $ 24,826,447 $ 16,567,498 $ 84,888,495 $ 126,282,440
Expenses (37,199,544) (11,940,527) (73,385,775) (122,525,846)
Net Transfers- Operating 14,220,407 (900,000) (10,000,000) 3,320,407
Net changes $ 1,847,310 $ 3,726,971 $ 1,502,720 $ 7,077,001
$613,090
General Fund Revenues General Fund Expenses $1,710,100
$619,000
$117,178 $150,000 $803,924
$274,930 $2,063,000 $1,680,176
$499,289 $302,258
$3,786,167
$762,860
$3,133,360
$263,930
$14,220,407
$4,637,145
$1,630,153
$821,613
$1,681,536 $20,743,903
$87,063 $13,103,164
$1,496,520
$584,822
Fines Library Revenue - General
General Government Library services
Library Revenue County Reimb. Licenses and Permits Public Safety Public Works
Sanitation Fees and Rebates Miscellaneous Services Recreational Services Street/Sanitation Services
Property Taxes Grants Received Engineering Services Financial Administration
Garage and Stores Insurance
Court of Chancery Fees Investment Income
Retiree Health Care Employee Pension Approp
Transfers Community & Economic Street Lights
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6
Business-type Statement of Revenues, Expenses and Transfers
Electric Fund Revenues Electric Fund Expenses
Distribution to Customers $6,337,115
Transfers Out $10,000,000
Interest Earned
Interest & Fiscal Charges $848,204
$1,004,738
Retiree Healthcare $1,820,300
Depreciation $4,772,651
Utility Tax $1,255,094
Systems Operations $542,032
Mi s cellaneous
Servi ces/Income, Metering $204,400
$1,131,942 Engineering $1,034,690
Cha rges for
Transmission & Distr. $2,559,819
Servi ces,
$82,749,450 Power Supply $47,221,198
General Administrative $5,957,816
Charges for Services Miscellaneous Services/Income Interest Earned
$- $20,000,000 $40,000,000 $60,000,000
Water/Wastewater Fund Revenues Water/Wastewater Fund Expenses
Interest Earned Transfers Out $900,000
Opera ting,
$248,305
Interest & Fiscal Charges $322,027
Retirees Healthcare $242,200
Mi s cellaneous
Servi ces/Income, Depreciation $2,359,886
$2,501,095
Cha rges for
General Administrative $1,904,684
Servi ces,
$13,810,690
Water/Wastewater Services $6,899,943
Charges for Services Miscellaneous Services/Income Interest Earned Operating $- $2,000,000 $4,000,000 $6,000,000 $8,000,000
Page 52
7
Original vs. Final Budgets – Major Operating Funds
General Fund All Funds
Original Budget Final Budget
• Beginning Fund Balance adjusted to audited balance
Revenues $ 42,931,000 $ 42,974,800
Expenditures/Expenses (42,861,000) (43,975,000) • Revenues adjusted to actual/trending amounts
Net Change $ 70,000 $ (1,000,200) • Expenses adjusted for unanticipated expenses/project
Beginning Fund Balance 4,597,100 6,072,200 carryforwards
Ending Fund Balance $ 4,667,100 $ 5,072,000 General Fund
• Fines & Police revenue increased $3,800
Water Fund • Transfer revenue from Police Grant funds increased $40,000
Original Budget Final Budget • With the exception of a $367.5K decrease in Other
Revenues $ 6,573,200 $ 6,573,200 Employment expenses, increases and decreases to all other
Expenses (6,328,500) (6,404,300) expense categories were comparatively minimal
Net Change $ 244,700 $ 168,900
Beginning Fund Balance 1,330,900 1,680,500 Water & Wastewater Fund
Ending Fund Balance $ 1,575,600 $ 1,849,400 • There were no revisions to revenue estimates
• With the exception of a $144,800 increase to Appropriation to
Wastewater Fund Pension Fund expense, increases and decreases to all other
Original Budget Final Budget expenses were comparatively minimal
Revenues $ 8,865,800 $ 8,865,800 Electric Fund
Expenses (8,789,900) (8,858,900)
• There were no revisions to revenue estimates
Net Change $ 75,900 $ 6,900
Beginning Fund Balance 1,166,800 1,399,700 • With the exception of the below itemized expenses, increases
Ending Fund Balance $ 1,242,700 $ 1,406,600 to all other expenses were comparatively minimal:
• Hedged energy expense decreased by $250,000
• Transmission/Distribution expense increased by $90,700
Electric Fund
Original Budget Final Budget • Contractual Services – Power Supply expense increased
Revenues $ 75,697,500 $ 75,697,500 by $150,000
Expenses (86,183,600) (86,418,100) • Legal Expenses increased by $100,000
Net Change $ (10,486,100) $ (10,720,600) • Pension Trust Contribution increased by $234,500
Beginning Fund Balance 20,290,200 22,252,500 • Other Employment expenses decreased by $105,200
Ending Fund Balance $ 9,804,100 $ 11,531,900
Page 53
8
General Fund Budget
General Fund General Fund
Final Budget Actual
Revenues $ 42,974,800 $ 44,141,619
Expenditures/Expenses (43,975,000) (41,974,390)
Net Change $ (1,000,200) $ 2,167,229
General Beginning Fund Balance 6,072,200 6,072,201
Fund fund Ending Fund Balance $ 5,072,000 $ 8,239,430
balance • The General Fund is the primary operating fund and the largest source of day-
to-day service delivery.
increased
• The budget balance in the fund was $8,239,430 and constitutes 18.6% of 2018
by general fund revenues.
$2,167,229 • The overage will be allocated to unfunded retirement liabilities and/or capital
infrastructure projects or as otherwise designated.
to an Significant, favorable variances are as follows:
ending Increase over budgeted revenues included:
• $813,843 Transfer Tax
balance of • $299,258 Permits & Other Licenses
$8,239,430 • $146,250 Court of Chancery fees
• $63,978 Interest Earnings
• $52,960 Sanitation fees
• $39,498 Property Taxes
Decrease from budgeted expenses included:
• $630,019 Police expense
• $211,152 Streets expense
• $156,063 Sanitation expense
• $133,004 Public Inspections expense
Page 54
9
Governmental Governmental Capital Projects Fund
Capital Projects Fleet Maintenance
Fund Facilities Management
Information Technology
Ending fund balance
was favorable by Sanitation
$893,501. This entire Streets
amount, all will be Recreation
carried forward to
Public Services - Administration
the next fiscal year.
Procurement and Inventory
Projects that will be
carried forward include: Police
• Old PW2 Site Life Safety
Improvements Library
• Dover Park Master Grounds Maintenance
Plan Fire
• Police Roof Repair &
City Clerk
Impound Lot
• Schutte Park Land $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000
Improvements
Actual Budget
• FY18 Street & Alley
Program
Page 55
10
Proprietary Funds – Water/Wastewater Budget
Water Fund Wastewater Fund Wastewater Fund
Final Budget Water Fund Actual Final Budget Actual
Revenues $ 6,573,200 $ 7,080,500 $ 8,865,800 $ 9,237,461
Expenses (6,404,300) (6,848,127) (8,858,900) (9,584,130)
Net Change $ 168,900 $ 232,373 $ 6,900 $ (346,669)
Beginning Fund Balance 1,680,500 1,680,473 1,399,700 1,399,659
Ending Fund Balance $ 1,849,400 $ 1,912,846 $ 1,406,600 $ 1,052,990
Fund balance for the Water Utility at the end of the year was $1,912,846 which was a
Water Fund favorable variance of $63,446:
balance • Water Impact Fees revenue was over budget by $838,673
• Water department expenses came in under budget by $122,747
increased by
Offset by:
$232,373 • Water Fees revenue was under budget by $330,126
• Transfer to Water Impact Fee Reserve in the amount of $706,720
Fund balance for the Wastewater Utility at the end of the year was $1,052,990 which was
an unfavorable variance of $353,610:
• Sewer Impact Fees were over budget by $753,684
Wastewater Offset by:
• Wastewater, Groundwater adjustment & Wastewater Treatment fees were
Fund
under budget by $394,383
balance • Kent County Treatment Fee expense was over budget by $59,433
decreased • Transfer to Wastewater Impact Fee Reserve in the amount of $770,094
by $346,669
Page 56
11
Proprietary Funds – Water/Wastewater I & E Fund
• Ending fund balance was favorable by $4,457,879.
Of this amount, $3,551,900 for incomplete projects,
will be carried forward to the next fiscal year.
Water/Wastewater Capital Outlay
• Some of the projects that will be carried forward $2,483,400
$3,000,000
include: $2,624,300
• Puncheon Run Pump Station Improvements $2,500,000
• Wesley College Inflow & Infiltration
$2,000,000
• Rodney Village Inflow & Infiltration $1,652,000
$1,507,198
$1,500,000
• N State St Water Main Replacement
• WTP Process Improvements $1,000,000 $795,947
• There continues to be large budget balances due to
$500,000
delay of projects and various other issues like:
$15,113
• Land acquisition $-
Water Wastewater Water Treatment
• Bid prices over budget – going out to re-bid
Plant
• Awaiting final invoices on completed projects
Budget Actual
• Awaiting delivery of materials
• Project Engineering & Design not ready
• Emergency repairs taking precedence
Page 57
12
Proprietary Funds – Electric Fund Budget
Electric Fund Electric Fund
Final Budget Actual
Revenues $ 75,697,500 $ 77,410,949
Expenses (86,418,100) (83,638,145)
Net Change $ (10,720,600) $ (6,227,196)
Beginning Fund Balance 22,252,500 22,252,513
Ending Fund Balance $ 11,531,900 $ 16,025,317
The Electric Fund balance for the Electric Utility at the end of the year was $16,025,317 which
was a favorable variance of $4,493,417 primarily due to the following favorable
Fund fund variances:
balance has • Direct Base sales $1,838,356
a favorable • Power Supply and Generation $1,896,472
• Administration $260,041 - attributable mainly to vacancies within the
variance of department and lower costs for city building maintenance supplies
$4,493,417 • Electrical Engineering $158,962 – attributable mainly to vacancies within the
department and lower environmental expenses and materials and supplies
expense
• Transmission/Distribution attributable to vacancies within the department
$283,635
• Reduced Interfund Service Fees $120,525
Offset by unfavorable variances as follows:
• Distribution of Earnings – PCA Credit $160,415
Page 58
13
Proprietary Funds – Electric I & E Fund
• Electric I & E Budgeted Fund balance
has increased by $2,129,000. This is
due to an increase in beginning fund Electric Capital Outlay
balance for projects that were not $2,816,600
$3,000,000
completed in the prior year and were re- $2,441,700
budgeted in current year and $2,500,000 $2,150,352
subsequently are still in CIP as follows: $2,000,000
$1,597,800 $1,612,800
• Purchase of ERP System $1,500,000
$956,760 $932,631
$1,000,000 $655,508
$8,500
$36,000
• The ending fund balance was favorable $500,000
$35,986 $-
by $3,791,789. Some of the projects in $-
this fund have not been completed and
the balances, in the amount of
$1,818,100, are being carried forward to
the next fiscal year. Some of the larger
projects are as follows:
• Substation Relay Upgrade
Budget Actual
• McKee Run Plant Alternate Power
Page 59
14
Worker’s Compensation and Grants
Summary Revenue, Expense and Net Change of
Worker’s compensation and Grants
Worker’s
Worker's
Compensation Compensation Grants
Fund balance Revenues $ 858,105 $ 5,154,735
Expenses (574,583) (1,176,297)
increased by Transfers out - (3,320,407)
$283,522 Net Change $ 283,522 $ 658,031
Beginning Fund Balance 1,259,284 302,488
Ending Fund Balance $ 1,542,806 $ 960,519
Workers Compensation
• Claims payable decreased by $253,629 from prior year
• Claims paid decreased by $189,760 from prior year
Grants Grants
ending fund • Includes Police, Library, Municipal Street Aid, CDBG Housing & Neighborhood
balances Stabilization Program, State DOT, Substance Abuse Prevention, Electronic
Red-Light Safety Program (ERLSP) & Realty Transfer grants
increased by • Grants revenue increased $1,198,882 from prior year in all of the Grant funds
$658,031 except the following:
• Police
• Municipal Street Aid
Page 60
CITY OF DOVER City Council Meeting
Jan 28, 2019
FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019
1 of 2
QUARTERLY REVENUE REPORT
As of December 31, 2018
50.0%
FY19 YTD % BUDGET FY17 FY18
GENERAL FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Property Taxes $ 12,822,100 $ 12,860,400 100.3% $ 12,524,200 $ 12,714,400
2 Payment In Lieu of Taxes 452,300 475,500 105.1% $428,700 from the Office of the Secretary 371,400 350,700
3 Transfer from Electric Fund 10,000,000 5,000,000 50.0% 10,000,000 10,000,000
4 Intrafund Service Receipts Electric 3,875,500 1,611,100 41.6% 3,425,000 3,539,600
5 Transfer from Transfer Tax Fund 1,459,300 742,000 50.8% 1,633,600 2,023,100
6 Business Licenses 1,470,000 1,414,600 96.2% 1,462,400 1,473,300
7 Intrafund Service Receipts Water/Wastewater 1,764,600 776,000 44.0% 1,583,000 1,672,900
8 Sanitation Fees 3,095,400 1,532,000 49.5% 2,514,600 3,133,400
9 Permits & Other Licenses 1,969,000 585,100 29.7% 2,069,700 2,255,300
10 Transfer from Municipal Street Aid Fund 665,300 402,800 60.5% 673,400 666,100
11 Fines & Police Revenue 751,600 289,000 38.5% 679,100 613,100
12 Police Extra Duty Fees 510,000 167,300 32.8% 497,200 517,800
13 Transfer from Police Grant Funds 90,000 13,600 15.1% 239,800 123,100
14 Court of Chancery Fees 1,439,500 624,600 43.4% December fees not yet received 1,343,000 1,496,500
15 Transfer from Water/Wastewater Fund 1,000,000 500,000 50.0% 875,000 900,000
16 Transfer from Civil Traffic Penalties Fund 497,000 218,100 43.9% December ERLSP not yet received 463,600 508,000
17 Library Revenues & County Reciprocal Pymt 400,000 197,300 49.3% 380,500 392,100
18 Franchise Fees 685,600 162,000 23.6% Q2 franchise fees not yet received 690,800 656,300
19 General Fund Grant Receipts 589,500 253,300 43.0% 556,000 584,800
20 Recreation Revenue 150,000 80,100 53.4% 169,000 137,900
21 Other Miscellaneous Receipts 154,900 101,600 65.6% 212,900 181,200
22 Interest Income 137,900 46,800 33.9% 154,500 202,000
TOTALS $ 43,979,500 $ 28,053,200 63.8% $ 42,518,700 $ 44,141,600
Final Budget $ 42,304,100 $ 42,974,800
Page 61
CITY OF DOVER City Council Meeting
Jan 28, 2019
FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019
2 of 2
QUARTERLY REVENUE REPORT
As of December 31, 2018
50.0%
FY19 YTD % BUDGET FY17 FY18
WATER/WASTEWATER FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Water Fees $ 5,897,400 $ 2,994,500 50.8% $ 5,776,100 $ 5,584,500
2 Wastewater Fees 3,620,600 1,928,300 53.3% 3,718,700 3,612,200
3 Wastewater Adjustment Fees - County Trtmt 2,819,300 1,511,500 53.6% 2,912,700 2,813,900
4 Groundwater Inflow Adjustment 1,813,100 967,600 53.4% 1,863,200 1,800,200
5 Water Impact Fees 450,000 417,200 92.7% 672,100 1,069,700
6 Wastewater Impact Fees 420,000 383,500 91.3% 611,800 962,700
7 Water Tank Space Leasing 400,600 173,500 43.3% Timing of rent payments 376,200 390,600
8 Interest Income 15,200 22,100 145.4% 15,700 38,600
9 Other Miscellaneous Revenues 54,400 10,900 20.0% 86,100 45,500
TOTALS $ 15,490,600 $ 8,409,100 54.3% $ 16,032,600 $ 16,317,900
Final Budget $ 15,467,200 $ 15,439,000
50.0%
FY19 YTD % BUDGET FY17 FY18
ELECTRIC REVENUE FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES
1 Sales to Customers $ 81,192,600 $ 43,168,200 53.2% $ 80,624,300 $ 81,494,300
2 Distribution of Earnings (2,877,400) (1,531,000) 53.2% (1,845,900) (6,337,100)
3 Utility Tax 1,299,100 676,300 52.1% 1,322,000 1,255,100
4 Miscellaneous Revenue 756,200 458,600 60.6% 921,900 780,000
5 Interest Income 195,000 95,200 48.8% 218,000 218,700
TOTALS $ 80,565,500 $ 42,867,300 53.2% $ 81,240,300 $ 77,411,000
Final Budget $ 79,428,600 $ 75,697,500
Page 62
DEPARTMENT OF POLICE
Marvin C. Mailey 400 South Queen Street
Chief of Police Dover, Delaware 19904
302-736-7111
Fax: 302-672-1842
January 28, 2019
Ms. Traci McDowell
City Clerk
Dover City Hall
P.O. Box 475
Dover, DE 19903
Dear Ms. McDowell:
The Police Pension Plan Retirement Committee Board term of Retired Sergeant Steve Rogers will
expire on January 31, 2019. Pursuant to Section 18-47 of the pension plan, a request for
nominations was posted with an announcement of election to fill the vacancy on December 18,
2018. One nomination was received, therefore, no election will be held
I hereby nominate Retired Sergeant Steve Rogers to serve a three-year term on the Pension
Board, commencing February 1, 2019 and ending January 31, 2022, subject to confirmation of a
voting majority of City Council.
If you need additional information, please call me at (302) 736-7100.
Sincerely,
Marvin C. Mailey
Chief of Police
Page 63
FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2019-02
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL
2 MET:
3 That Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-7 - Registered Sexual Offenders of
4 the Dover Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue text,
5 as follows:
6 Sec. 70-7. - Registered sexual offenders.
7 (a) Registration required. Sex offenders, as defined under the provisions of 11 Del. C., c. 41, §
8 4120A, shall register their places of residence and employment as required under the
9 provisions of 11 Del. C., c. 41, § 4120.
10 (b) Prohibition on residency and employments.
11 (1) Sex offenders assigned as Risk Assessment Tier II or Tier III under the provisions of 11
12 Del. C., c. 41, § 4120, shall be prohibited from residence or employment within 500 feet
13 of a day care center as defined in Appendix B-Zoning, Article 12-Definitions, of the
14 Dover Code.
15 (2) Any sex offender assigned as Risk Assessment Tier II or Tier III who maintained a
16 residence or was employed within 500 feet of a day care center on April 9, 2012, the date
17 of adoption of this section, shall be permitted to maintain that residence or employment.
18 Any subsequent change of residence or employment would be subject to the prohibitions
19 of section (b)(1).
20 (3) Any sex offender who is under 18 years of age and resides with a parent or legal guardian
21 shall be exempt from the provision of subsection (b)(1) of this section.
22 (c) Prohibition on rentals and leaseholds.
23 (1) It is unlawful for a property owner to knowingly and intentionally with actual knowledge
24 and after being made aware the person is a sexual offender let or rent any place, structure,
25 or part thereof, to a sexual offender, with the knowledge that it will be used as a
26 permanent or temporary residence, if such place, structure or part thereof, is located
27 within 500 feet of any day care center. In any prosecution for a violation of this section
28 it must be shown:
29 a. That the property owner knowingly and intentionally with actual knowledge and
30 after being made aware the person is a sexual offender let or rented the premises
31 to a person who was a registered sexual offender; and
32 b. The property owner had actual knowledge that the place, structure, or part thereof
33 would be used by the registered sexual offender as a permanent or temporary
34 residence of property located within the residential zoning classification.
Page 64
Proposed Ordinance #2019-02 - Chapter 70, Section 70-7 Page 2
35 Nothing herein shall be deemed to require the property owner to make any independent
36 determination whether the person is a sexual offender.
37 (2) Exclusions. A sexual offender abiding, lodging, or residing in a permanent or temporary
38 residence within 500 feet of any day care center does not commit a violation of this
39 section provided the sexual offender is in full compliance with probation, parole, or
40 conditional release, and does not commit another sexual offense, and is in compliance
41 with the residency restrictions, if any of the following:
42 a. The sexual offender was a minor when committing the offense causing the
43 designation as a sexual offender and was not sentenced as an adult for that
44 offense.
45 b. The sexual offender is under the age of 18.
46 c. The day care center was opened or established after the sexual offender
47 established the permanent residence; and the residence was reported and
48 registered.
49 It is not the intent of this article to impair valid, existing and bona fide contract rights,
50 provided however that the provisions of this article shall apply upon final termination.
51 Extensions or renewals of any leasehold relationship is prohibited. When a person who
52 is the subject of this article changes residences, this article shall fully apply to such
53 persons.
54 (d) Measurement of distance. For purposes of measuring separation of a residence from a day care
55 center, all distances shall be measured from the entrances and exits of the residence or place
56 of employment running in a direct line to the outermost entrances and exits of the day care
57 center.
58 (e b) Prohibited activities for sexual offenders.
59 (1) It is unlawful for any sexual offender to participate in a holiday event or practice
60 involving children under 18 years of age, such as distributing candy or other items to
61 children on Valentine's Day, Halloween, Christmas, or any other holiday or event.
62 Participation is to be defined as attendance at, or taking part of, or cooperation with an
63 event.
64 (2) It is unlawful for any sexual offender to wear costumes for the primary purpose of
65 entertaining, attracting, or encouraging interaction with children.
66 (3) Any person designated a sexual offender shall be required on October thirty-first of each
67 year or any other day upon which Halloween is celebrated to:
68 a. Avoid all Halloween related contact with children;
69 b. Post a sign at his/her residence stating, "No candy or treats at this residence." Such
70 signs shall be in letters at least two inches high and shall be legible from the street
71 or road adjacent to the residence;
Page 65
Proposed Ordinance #2019-02 - Chapter 70, Section 70-7 Page 3
72 c. Except for lighting provided on a year round basis by a sexual offender or the owner
73 or manager of a multi-family residential unit for the purpose of security or walkway
74 or hallway illumination, all outside residential lighting shall be off during the evening
75 hours after 5:00 p.m., and no exterior holiday decorations shall be exhibited on the
76 sexual offender's residence or on the property upon which the residence is located.
77 (4) Holiday events or practices in which the sexual offender is the parent or guardian of the
78 child or children involved, and where no non-familial children are present, are exempt
79 from this section.
80 (f) Penalties. Any person who violates this section shall be fined in accordance with Appendix
81 F-Fees and Fines, section 70-7. Every day that a violation occurs shall constitute a separate
82 offense.
83 (Ord. No. 2012-08, 4-9-2012; Ord. No. 2013-08, 7-8-2013)
84 ADOPTED: *
85 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-02-CHPT 70-OFFENSES AND MISCELLANEOUS PROVISIONS\Ordinance #2019-02-Chpt 70-Offenses, Sec. 70-7-Registered sexual offenders-First
86 Reading.wpd
87 SYNOPSIS
88 The amendment will bring the Dover Code into compliance with recently adopted State legislation.
89 (SPONSORS: HARE AND MCDOWELL)
90 Actions History
91 01/28/2019 - Scheduled for First Reading - City Council
92 01/14/2019 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee
Page 66
PROPOSED AMENDMENT TO THE 2008 COMPREHENSIVE PLAN
First Reading before the
Dover City Council
January 28, 2019
Proposed Amendment to the
2008 Comprehensive Plan:
A. Review of an Amendment to the 2008 Comprehensive Plan, as amended. The
Amendment is for Consideration of Amendment to Map 12-1: Land Development
Plan Map. The Request for a 22.967-acre parcel located on the north side of
Commerce Way is to revise the Land Use Classification from Residential High
Density to Industrial and Public Utilities. The area to be revised consists of 13.967
acres as the remaining area of 9.00 acres currently has the Land Use Classification of
Industrial and Public Utilities. The property owner is H&M Properties, LLC c/o Jack
Melvin. Property Address: 22.967 Acres on Commerce Way. Tax Parcel: ED-05-
076.10-02-07.03-000. This is associated with Rezoning Application Z-19-01.
Ordinance Number: #2019-04
File Number: MI-19-02
Page 67
City of Dover
Department of Planning & Inspections Comprehensive Plan Amendment 2019
Current Designation Proposed Designation
St St
gt
S Farmview Dr
gt
on S Farmview Dr on
Be nn i n Be nn i n
odm ill Dr odm ill Dr
Wo Wo
Industrial
Industrial
Site Site
Residential
High Density
Com me rce Wa y Com merce W a y
d d
lin R l in R
Mi ff Mi ff
W North St W North St
Legend
«
Plan Title: Lands of H & M Properties LLC
Location: Northwest side of Commerce Way north of North Street Dover Boundary DoverAFB Residential High Density
Plan Type: Comprehensive Plan Amendment Dover Parcels Industrial and Public Utilities Residential Low Density
Tax Parcel: ED-05-076.10-02-07.03-000
Current Land Use: Residential High Density and Industrial Land Use Classifications Institutional Residential Medium Density
Proposed Land Use: Industrial Active Agriculture Mixed Use Train Track
Owners: H & M Properties LLC
Date: 12/28/2018 Commercial Office Water
0 175 350 700 Feet
Open Space, Conservation, Recreation
Page 68
FIRST READING
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2019-04
1 AN ORDINANCE AMENDING THE CITY OF DOVER 2008 COMPREHENSIVE PLAN, AS
2 AMENDED, BY AMENDING LAND DEVELOPMENT MAP 12-1 BY CHANGING THE LAND
3 USE CLASSIFICATION FROM RESIDENTIAL HIGH DENSITY TO INDUSTRIAL AND PUBLIC
4 UTILITIES ON PROPERTY LOCATED ON THE NORTHWEST SIDE OF COMMERCE WAY
5 AND NORTH OF WEST NORTH STREET
6 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within the
7 City of Dover; and
8 WHEREAS, it is deemed in the best interest of zoning and planning to change the land use classification
9 of property described below from Residential High Density to Institutional and Public Utilities.
10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
11 DOVER, IN COUNCIL MET:
12 1) That from and after the passage and approval of this ordinance the Land Development Plan Map of
13 the City of Dover has been amended by changing the land use classification from Residential High
14 Density to Industrial and Public Utilities on a 13.967+/- acre portion of a 22.967+/- acre parcel located
15 on the northwest side of Commerce Way and north of West North Street, owned by H & M
16 Properties, LLC
17 (Tax Parcel: ED-05-076.10-02-07.03-000; Planning References: MI-19-02 and Z-19-01; Council District: 1)
18 ADOPTED: *
19 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-04-COMP PLAN AMEND COMMERCE WAY\ORDINANCE #2019-04 - COMPREHENSIVE PLAN AMEND-FIRST READING.wpd
20 Actions History
21 01/28/2019 - Scheduled for First Reading - City Council
Page 69
PETITION TO AMEND ZONING DISTRICT
First Reading before the Dover City Council
January 28, 2019
Owners: H & M Properties, LLC
Address: 22.967 Acres on Commerce Way
Location: Northwest side of Commerce Way and north of West North Street,
as part of Enterprise Business Park
Tax Parcel: ED-05-076.10-02-07.03-000
Size: Parcel: 22.967 acres
Area of Rezoning: 13.967 acres
Present Use: Vacant
Proposed Use: Future development
Comprehensive
Plan Designations: Residential High Density and Industrial and Public Utilities
Proposed Comprehensive
Plan Designation: Industrial and Public Utilities
Present Zoning: RG-2 (General Residence Zone)
IPM (Industrial Park Manufacturing Zone)
Proposed Zoning: IPM (Industrial Park Manufacturing Zone)
Reason for Request: To rezone entire parcel to IPM zoning district to allow full use of
the property within the industrial zoning classification. A
previously proposed residential project on the RG-2 portion of the
property by an equitable interest was never realized.
File Number: Z-19-01
Ordinance Number: 2019-05
Page 71
FIRST READING
City of Dover
PROPOSED ORDINANCE #2019-05
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY
2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE
3 NORTHWEST SIDE OF COMMERCE WAY AND NORTH OF WEST NORTH STREET
4
5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the
6 limits of the City of Dover; and
7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property
8 described below from RG-2 (General Residence Zone) and IPM (Industrial Park Manufacturing Zone) to
9 IPM (Industrial Park Manufacturing Zone).
10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
11 DOVER, IN COUNCIL MET:
12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
13 Ordinance of the City of Dover have been amended by changing the zoning designation from RG-2
14 (General Residence Zone) and IPM (Industrial Park Manufacturing Zone) to IPM (Industrial Park
15 Manufacturing Zone) on a 22.967+/- acre parcel of land located on the northwest side of Commerce
16 Way and north of West North Street, owned by H & M Properties, LLC
17 (Tax Parcel: ED-05-076.10-02-07.03-000; Planning References: Z-19-01 and MI-19-02; Council District 1)
18 ADOPTED: *
19 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-05-REZONING-COMMERCE WAY\ORDINANCE #2019-05-COMMERCE WAY REZONING-FIRST
20 READING.wpd
21 Actions History
22 01/28/2019 - Scheduled for First Reading - City Council
Page 72
PETITION TO AMEND ZONING DISTRICT
First Reading before the Dover City Council
January 28, 2019
Owners: Wesley College, Inc.
Address: 45 South State Street and Parcel on South American Avenue
Location: Located between South State Street and South American Avenue,
north of Reed Street
Tax Parcels: ED-05-077.05-04-33.00-000
ED-05-077.05-04-36.00-000
Size: Parcel 1: 0.32 acres
Parcel 2: 0.49 acres
TOTAL: 0.81 acres
Present Use: Previous Dover Public Library building, Carriage House buildings,
and parking lot
Proposed Use: College classrooms and meeting spaces with parking lot
Comprehensive
Plan Designation: Mixed Use
Present Zoning: RG-O (General Residence and Office Zone)
H (Historic District Zone)
Proposed Zoning: IO (Institutional and Office Zone)
Reason for Request: Converting the old Dover Public Library into flexible classrooms
and meeting spaces for Wesley College’s expanding Occupational
Therapy Program
File Number: Z-19-02
Ordinance Number: 2019-06
Page 73
City of Dover Application No.: Z-19-02
Department of Planning & Inspections
N Am RG-1
RGO
n Av n St
erica visio IO
RGO t E Di
ate S
N St
Ave
e
IO Penn
RGO
IO
n St
ivisio
WD
R-10
RGO S Am
RGO
n Av
erica
y
Hw
RGO e
Kin
gs
RG-2
RGO
RG-1 Site
S St
t
ate S
C-2A
IO
S Br
RG-1
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Title: Lands of Wesley College
Ordinance #: 2019-06
Address: 45 South State Street
Parcel IDs: ED-05-077.05-04-33.00-000 Legend
ED-05-077.05-04-36.00-000
Existing Zoning: RG-O General Residence and Office zone 2012 Buildings
H Historic District zone
Zoning
Proposed Zoning: IO Institutional and Office zone
H Historic District zone Dover Parcels
«
Owner: Wesley College, Inc.
Subject Property
Date: 1/18/2019
0 100 200 400 Feet
Page 74
FIRST READING
City of Dover
PROPOSED ORDINANCE #2019-06
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY
2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 45
3 SOUTH STATE STREET AND SOUTH AMERICAN AVENUE
4
5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the
6 limits of the City of Dover; and
7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property
8 described below from RG-O (General Residence and Office zone), subject to H (Historic District zone) to
9 IO (Institutional and Office zone), subject to (Historic District zone).
10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
11 DOVER, IN COUNCIL MET:
12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
13 Ordinance of the City of Dover have been amended by changing the zoning designation from RG-O
14 (General Residence and Office), subject to H (Historic District) to IO (Institutional and Office),
15 subject to (Historic District) on that property located at 45 South State Street and South American
16 Avenue, consisting of two (2) parcels of land (0.32+/- acres and 0.49+/- acres) totaling 0.81+/- acres,
17 owned by Wesley College, Inc.
18 (Tax Parcels: ED-05-077.05-04-33.00-000 and ED-05-077.05-04-36.00-000; Planning Reference: Z-19-02; and
19 Council District: 2)
20
21 ADOPTED: *
22 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-06-REZONING-45 SOUTH STATE STREET\ORDINANCE #2019-06-45 SOUTH STATE
23 STREET-1ST RDG.wpd
24 Actions History
25 01/28/2019 - Scheduled for First Reading - City Council
Page 75
PETITION TO AMEND AND ZONING DISTRICT
First Reading before the Dover City Council
January 28, 2019
Owners: Linda B. and Paul F. Schreppler
Equitable Owner/Applicant: Miller Investments LLC
Address: 157 Roosevelt Avenue
Location: North side of Roosevelt Avenue east of South DuPont Highway
Tax Parcel: ED-05-077.18-02-75.00-000
Size: 1.67 acres
Present Use: Vacant
Proposed Use: Apartment building
Comprehensive
Plan Designation: Residential Medium Density
Present Zoning: R-8 (One Family Residence Zone)
Proposed Zoning: RG-2 (General Residence Zone)
Reason for Request: To allow development of a 22-unit garden apartment building
under the zoning
File Number: Z-19-03
Ordinance Number: 2019-07
Page 76
City of Dover Application No.: Z-19-03
Department of Planning & Inspections
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Title: Lands of Linda & Paul Schreppler
Ordinance #: 2019-07
Address: 157 Roosevelt Avenue
Parcel ID: ED-05-077.18-02-75.00-000 Legend
Existing Zoning: R-8 One Family Residence zone
2012 Buildings
Proposed Zoning: RG-2 General Residence zone
Owner: Linda B. and Paul F. Schreppler Zoning
Date: 1/16/2019
Dover Parcels
0 150 300 600 Feet
« Subject Property
Page 77
FIRST READING
City of Dover
PROPOSED ORDINANCE #2019-07
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY
2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT
3 157 ROOSEVELT AVENUE
4
5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the
6 limits of the City of Dover; and
7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property
8 described below from R-8 (One-family Residence) to RG-2 (General Residence).
9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
10 DOVER, IN COUNCIL MET:
11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
12 Ordinance of the City of Dover have been amended by changing the zoning designation from R-8
13 (One-family Residence) to RG-2 (General Residence) on that property located at 157 Roosevelt
14 Avenue, consisting of 1.641+/- acres, owned by Paul and Linda Schreppler (Equitable Owner: Miller
15 Investments, LLC).
16 (Tax Parcel: ED-05-077.18-02-75.00-000; Planning Reference: Z-19-03; and Council District: 2)
17
18 ADOPTED: *
19 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-07-REZONING-157 ROOSEVELT AVENUE\ORDINANCE #2019-07-157 ROOSEVELT
20 AVENUE-FIRST READING.wpd
21 Actions History
22 01/28/2019 - Scheduled for First Reading - City Council