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COUNCIL COMMITTEE OF THE WHOLE
AGENDA
JULY 23, 2019 - 6:00 P.M.
CITY HALL COUNCIL CHAMBERS
15 LOOCKERMAN PLAZA, DOVER, DELAWARE
PUBLIC COMMENTS ARE WELCOMED ON ANY ITEM AND WILL BE PERMITTED AT APPROPRIATE
TIMES. WHEN POSSIBLE, PLEASE NOTIFY THE CITY CLERK (736-7008 OR E-MAIL AT
CITYCLERK@DOVER.DE.US) SHOULD YOU WISH TO BE RECOGNIZED.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
ADOPTION OF AGENDA
1. UPDATE - SAFETY ISSUES AT THE LIBRARY
(DEFERRED DURING THE COMMITTEE MEETING OF JUNE 25, 2019)
2. BICYCLE AND PEDESTRIAN SUBCOMMITTEE RECOMMENDATIONS
A. SPONSORING EVENT - PARIS TO PITTSBURGH
B. ADOPTION OF BY-LAWS
3. ADJOURNMENT OF SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
ADOPTION OF AGENDA
1. ESTABLISHMENT OF A COMMUNITY CERTIFICATE OF HONOR PROGRAM FOR HOMEOWNERS’
ASSOCIATIONS (HOAS) TO RECOGNIZE EXCEPTIONAL AND/OR LONGTIME SERVICE TO THE HOA
(NEIL)
2. PROPOSED ORDINANCES
A. #2019-17 - AMENDING APPENDIX C - DOWNTOWN REDEVELOPMENT AND APPENDIX D -
DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT (SPONSOR: CCW/LF&A COMMITTEE)
B. #2019-18 - AMENDING CHAPTER 2 - ADMINISTRATION, ARTICLE IV - OFFICERS AND EMPLOYEES,
DIVISION 1 - GENERALLY, SECTION 2-201 - COMPENSATION AND EXPENSES FOR MAYOR,
COUNCIL, AND OTHER ELECTED OR APPOINTED OFFICIALS (SPONSORS: SLAVIN AND NEIL)
3. ADJOURNMENT OF LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING
ADJOURNMENT OF COUNCIL COMMITTEE OF THE WHOLE MEETING
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COMMITTEE-AGENDAS\2019\07-23-2019 CCW AGENDA-NEW.WPD
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2), THIS
AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE
SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.
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Bicycle Pedestrian Sub‐Committee
Dover City Hall Large Conference Room
Dover, DE
June 18, 2019
*** DRAFT ***
Members Present: Others Present:
Gerry Pennington, Chris Asay, Carolyn Courtney, Eddie Diaz, John Fiori,
Dave Moses, Fran Riddle Jim Galvin, Kirby Hudson, Andy
Jakubowitch, Dirk Lee, Councilman Taylor
INTRODUCTIONS
CALLED TO ORDER: Meeting opened at 5:00 P.M.
The Chair welcomed Councilman Taylor and introduced him as the Chair of the Safety Advisory & Transportation
Committee. The councilman gave a brief introduction of himself and noted whatever he can do to help this
subcommittee he is here and ready to assist.
AGENDA
Mr. Asay wanted agenda additions, the possibility of reinstating the July meeting. It was reported many meetings are
cancelled in July and we typically cannot make a quorum. Mr. Asay wanted to talk about the Senator Bikeway Phase 1
and how he would like to see paint used on the roadway.
The Chair asked for a motion to accept with changes, the motion was seconded and passed without objection.
MINUTES
The Chair opened the floor to accept the May minutes. Ms. Riddle noted she just wanted to make sure that we keep to
the first Tuesday of each month. If we have to change the date, then we do, but I very much want to be sure we meet on
the first Tuesday. After a quick discussion, Mr. Asay took a statement by Mr. Moses that the minutes are very precise
however they get the jist of the conversation. Mr. Asay then seconded the motion which was passed without objection.
OLD BUSINESS
PEDESTRIAN ISSUES
Mr. Asay was disappointed Mr. Lewesnksi was not in attendance as he was expected to give an update on any pedestrian
issues. Mr. Asay did comment that he was at an MPO Public Advisory Committee meeting and had scene a presentation
by a Mr. Pappas the Chairman of new DelDOT sidewalk committee. He can make progress on sidewalks. He is the reason
we are getting a sidewalk in front of the church on S. Little Creek Road. He did say at this time they are not taking action
on the south side gap of this road. It sounds like this will happen this year. Mr. Galvin added he is the Deputy Director of
Maintenance and Operations at DelDOT. Ms. Riddle thanked Mr. Asay for his work on this project.
DOVER TREASURE HUNT
Ms. Riddle just wanted to remind everyone about the partnership between this subcommittee, Open Streets – RCD and
the part the effects us is the treasure hunt, a guided walk out of the park and back. They will go to The Green with a
guides with scripted text. Plan is to take people in small groups. We plan to have water stops along the way. We will
some volunteers and I will be looking to this group to assist with the walk. We need guides and volunteers just to walk so
that we have a crowd. Between the hours of 10 am – 2 pm, we will do 3 guided walks. August 31 is the date. The
Mayor’s Kayak event will be taking place at the same time.
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CONSTRUCTION PROJECT
Mr. Fiori reported not too much to add. The Senator Bikeway Project has begun construction with the railroad track part
of the project. The pathway will be next. US13 is still moving forward and under construction, all is on schedule. The
Senator Bikeway, again the project was awarded, waiting for start date. Mr. Bennie Smith now had some concerns he
brought to DelDOT and the city. We met with him to get the concerns, which were not being able to park in front his
property for services. We explained based on our first meeting, he agreed to use a driveway that was on property he
already owned and had signed easements. We had a set of drawing down by Century Engineering to show that would
look like. I was told this will not hold up the award of the contract. Mr. Galvin asked if anyone touched base with the city
for site plan issues? Mr. Diaz noted it would only be an issue if the parking was on private property and impervious
surface. Any thing on public property we do not need approval. Brief discussion on what is existing verses what could be
changed. With discussion it was noted the police have agreed to enforce the no parking along this area.
EDUCATIONAL PARTNERSHIP
Mr. Fiori noted the North Dover Bike rodeo went great with approximately 88 students participating. It would have been
nice to have more volunteers from this body to assists with these kinds of events. Mr. Fiori noted he will reach out the
Capital for next school year to get more schools involved.
We are going to do a bike rodeo or two with our summer camps.
Ms. Riddle noted a bike rodeo at the Open Streets event on August 13. Volunteers are needed for that as well. Mr. Fiori
planned to attend that one. The August 31, Open Streets event is the Mayor’s event/Treasure Hunt walk and we are not
planning a bike rodeo for this date.
Mr. Moses said PAL was doing cycling programs. Maybe we could ask him to attend another meeting to find out what
they are doing to included with any future applications we put in, this could be helpful. The Chair offered to reach out to
Officer Smith, however Mr. Moses said he would do it.
BIKE MONTH EVENTS FOR MAY
Ms. Courtney noted Bike to Work Day went well. Approximately 30 riders came thru. Councilman Cole and Mayor
Christiansen attended and assisted with the Fix It Station unveiling. The Ride of Silence also went well with approximately
40 riders with the escort from Dover Police and Kent County EMS. The youngest rider was 8 years old and it turned out
really well.
SENATOR BIKEWAY
Mr. Asay noted he and the Chair has met with DelDOT (Anthony Aglio and Jeff Niezgoda) officials over the Senator
Bikeway heading east over the railroad tracks as they had not seen them before and that was added to Phase 1. The plan
to go down Cecil Street and the ally way behind State Street has sharrows. I am questioning the use of sharrows. It
seems to be we are confused about why we are using sharrows. I feel we are doing it for several different reasons, it is
inconsistent and I don’t know they mean. We have sharrows on Loockerman Street, Division Street with parking on both
sides and we have sharrows on North Street which has no parking. Those sharrows indicate to cars that bikes can ride
there. I feel this is saying this is the preferred path especially those that want a low stress ride. Since we are putting
sharrows on Cecil Street which is the preferred path for low stress and so on, I am unhappy with that and so I asked Mr.
Aglio if he could just leave those off. It would seem like there should be something in the DelDOT specifications about
sharrows. Mr. Aglio came up with the idea instead of green paint instead of white paint as there are areas where we will
be using green paint on areas of the pathway. My suggestion, is that we use green paint for the crossing of Cecil Street
over State Street as there are no crosswalks here, this is a busy intersection. I made this suggestion and recommend that
we do this on Hazel Street where cyclist cross Hazel at the alley to alert drivers cyclists may be crossing. We did not come
up with a solution to Washington Street. Getting back to the point, does anyone have any comments about sharrows on
Cecil and the alley way? Mr. Moses asked about other signage other than what’s on the asphalt? Mr. Asay stated
directions signs will be on the path. My request is to put signage on top of the street blade signs with Senator Bikeway
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signs, DelDOT was not in favor of this. I recommend this committee recommend to the City that they make Cecil and
West Streets and Cecil and Queen Streets a four way stop at each of those intersections. I feel this would be traffic
calming. Ms. Riddle noted for walking if you get used to four way stops, then you think it’s there when it’s not. Mr.
Moses noted Pennsylvania Avenue is now a four way stop that help.
Mr. Galvin noted the state relies on the MUTC for traffic control devices, he recommended that the subcommittee look at
that and then make recommendations.
Mr. Asay motioned moved to recommend to the city to eliminate sharrows from all parts of the Senator Bikeway due to
the misunderstanding he has with the purpose of sharrows. Ms. Courtney noted that we answer to the Safety Advisory
and Transportation Committee and that this recommendation must go thru them not directly to the state as we do not
have that authority. The Senator Bikeway is state project not a city project. Mr. Asay agreed. Ms. Riddle seconded. Mr.
Moses noted he feels eliminating anything these denotes this as a bike path, but to say we should not have them all is
probably not good. The Chair agreed with Mr. Moses. Mr. Asay noted the especially did not like having sharrows on roads
like North Street as they are not good routes to ride on. Mr. Moses saying having the sharrows give notice. Mr.
Jakubowitch noted he rides and his opinion over the last 25 years are that all roads are bike roads, nothing stops me from
riding them. I find comfort on Loockerman because of the sharrows and enforce my right to be there and it’s nice to point
right down and have that marking there as I have every right to be there and share the road. It adds comfort and enforces
the riders right. The chair notes many cyclists want the sharrows to bring awareness to the motorists as this has been
noted with groups his has ridden with frequently. Mr. Fiori noted the sharrows are not to be used as the “preferred” route,
it show the cyclists has the right to be in the road. It gives them the right and not saying it’s the preferred route. Mr. Asay
is looking for at least a counter proposal? I just wanted to bring up my concern. Mr. Moses sharrows are not enough, we
need signage, too. The more sharrows and signage the better.
The Chair called for the motion to be voted on. Mr. Asay then withdrew his motion. Mr. Moses and Mr. Asay would work
together and come up with another proposal.
Mr. Galvin it is actually DelDOT and consultants that are designing. They may be obliged to abide by the MUTC. You will
need to talk through that as well.
New Business
Planned Developments along Route 8 and the Senator
Mr. Diaz reported that Mr. Asay asked me to talk about a couple of projects that have been brought the Dover Planning
Commission. Potential development at the north east corner of Saulsbury Road and Rt8 and a project under construction
along Forest Avenue across from the Modern Maturity Center. The short answer is that neither of these project will have
an impact. The first project, is just a rezoning for commercial zoning improvements that happened in November /
December 2018. We do not have a real proposal for this intersection yet. There is only speculation that an office center
may go there. It will redevelopment of the block potentially, it did include the Subway. When we receive the proposal
we will look to see where the entrances will be and room across the frontage for the bikeway to go through. The project
across from the Modern Maturity Center is a commercial retail building with multiple tenants. They now look like they
are doing only one building on this site. Mr. Asay noted DelDOT is putting in a road here, right? Mr. Diaz, yes as part of a
DelDOT transportation plan, this is a connector road for Forest Avenue and Commerce Way. This is probably going to be
a low stress route compared to Saulsbury Road.
Proposal – Paris to Pittsburgh
Ms. Riddle reviewed the packet material presented with the Paris To Pittsburgh information. Wesley College and
Restoring Central Dover are sponsors. This grew out Peace Week held in September from an activity to prevent violence
in Wilmington has grown to a statewide series of events. It focuses on peace in a broad sense. This event is film
documentary talking about climate and effects on lower income places and small places. The positive side is what
communities are doing to combat climate change. It occurred to me that this subcommittee might be logical a co‐
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sponsor since bike/walking cities are healthier in the long run. There is not fee and really nothing involved form this
committee, rather it is really an opportunity for the subcommittee to have their name associated with the film. The film
will be shown at Wesley College. We are looking for volunteering participation to attend as well. We have a deadline of
July 1 to being listed in the print program after that we could still be listed as a co‐sponsor online. Mr. Moses motioned
to support the co‐sponsor request, Mr. Asay seconded and the motion passed without objection. Ms. Riddle noted the
date of Thursday, September 26 at 5:30 PM on the Wesley Campus.
Announcements
Ms. Courtney noted the Bradford Street Sidewalk public workshop coming up June 24 at the Library 5 – 7 pm.
Mr. Fiori noted Rob McCleary the chief engineer at DelDOT retiring. Shantae ____ will be his replacement.
ADJOURNMENT
With no further business, the meeting adjourned at 6 pm.
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Paris to Pittsburgh
As scientists’ warnings about the impacts of climate change become more and more dire—
and the level of inaction from the federal government becomes more and more alarming—a
growing number of leaders are fighting global warming with local solutions.
Paris to Pittsburgh—a new film produced by Bloomberg Philanthropies and RadicalMedia,
and distributed by National Geographic Documentary Films—features the voices of some of
these forward‐thinking leaders, including NRDC president Rhea Suh, along with the stories
of everyday Americans who have been on the front lines of the climate crisis. From the
former coal town of Pittsburgh to America’s breadbasket of Iowa to the island of Puerto Rico,
the film takes you through climate change–fueled disasters in numerous communities, as
well as their recovery, resiliency, and tireless efforts to inspire homegrown change.
Mayors, governors, community groups, businesses, and others are stepping up, embracing
solutions like renewable energy and reaping benefits like cleaner air, job growth, and cost‐
cutting—all close to home, where it matters most. And this movement of our innovative
citizens, cities, states, and businesses could change the course of our future and ensure that
the United States remains a global leader in reducing greenhouse gas emissions—and
protecting our planet, health, and future generations.
Paris to Pittsburgh will air globally on the National Geographic Channel in 172 countries and
43 languages, beginning with the U.S. broadcast premiere, which took place on December 12.
ET/PT. The film is available on National Geographic's website. As part of the grassroots and
campus tour, you can organize a screening of the film at your school, business, community
center, or local theater at no cost to you.
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BYLAWS
for the
Dover Bicycle and Pedestrian Subcommittee
APPROVED
May 6, 2014
By‐Laws of the Dover Bicycle / Pedestrian Subcommitte 1
Page 8
BYLAWS
for the
Dover Bicycle and Pedestrian Subcommittee
ARTICLE I. MISSION
The primary purpose of the Dover Bicycle and Pedestrian Subcommittee is to advise the
Dover City Council Safety Advisory and Transportation Committee regarding bicycle
and pedestrian transportation issues, with the intention that the City Council take action
to convey bicycle and pedestrian transportation priorities to the Dover/Kent County
Metropolitan Planning Organization (MPO) and Delaware Department of Transportation
(DelDOT). A secondary purpose of the Subcommittee is to take appropriate actions
consistent with our goal to have a community transportation network that is bicycle and
pedestrian friendly.
ARTICLE II. MEMBERSHIP
Section 1. Subcommittee Membership
The voting membership of the Bicycle and Pedestrian Subcommittee shall consist of
seven (7) individuals, a mix of people who are frequent bicyclists and/or pedestrians.
The Chairperson of the Dover City Council Safety Advisory and Transportation
Committee (Transportation Committee) shall appoint the members of the Subcommittee,
and also designate its Chairperson. When new members are needed, the Subcommittee
will submit nominations to the Transportation Committee’s Chairperson.
Nonvoting members of the Subcommittee shall be representatives of the Dover Planning
and Parks & Recreation Department (including its Bicycle & Pedestrian Coordinator), the
Dover/Kent County MPO and DelDOT (Bicycle and Pedestrian Coordinators).
Voting members are required to regularly attend meetings. Members who will be absent
are requested to notify the Chairperson in advance. If a member is absent for three
meetings, the Chairperson will contact that member. If the member cannot fulfill the
meeting requirement, he or she may be asked to resign. A voting member may also be
recommended for removal from membership on the Subcommittee, for reasons of
conduct or performance, on the recommendation of the Chairperson and with the
affirmative vote of a quorum of the Subcommittee, and subject to approval by the
Transportation Chairperson. If a Subcommittee member is removed, their position will be
filled through the regular process as identified above.
Bicycle & Pedestrian Subcommittee BYLAWS / May 6, 2014 Page 2
Page 9
Section 2. Voting
Voting of the Subcommittee shall require the presence of a quorum of the Subcommittee
members, which shall be defined as four (4) voting members. No action of the
Subcommittee will be effective or binding unless adopted by the affirmative votes of a
majority of the members present at the Subcommittee meeting.
Section 3. Time and Place of Meetings
All meetings of the Subcommittee shall be scheduled and held in accordance with the
Delaware Freedom of Information Act.
Regular Meeting. The regular meetings of the Subcommittee will be held on the first
Tuesday of every month at Dover City Hall, or at such other place as shall be designated
by the Chairperson.
Special Meetings. The Chairperson of the Subcommittee may call special meetings,
providing at least seven (7) days’ notice. The Chairperson must call a special meeting at
the request of not less than three (3) voting members of the Subcommittee.
Section 4. Conduct of Meetings
The agenda for all meetings will be made available at least seven (7) days in advance of
the meeting. Actions of the Subcommittee may be by roll call vote or general call, as
determined by the current Chairperson. Meetings of the Subcommittee shall be conducted
in accordance with the most current edition of Robert's Rules of Order, Newly Revised.
ARTICLE III. MISCELLANEOUS
Amendment or Repeal of Bylaws
These Bylaws may be amended at any meeting of the Council by a majority vote of a
quorum of the Council membership provided that: a) written notice of the proposed
amendment has been provided to each member at least seven (7) days prior to the
meeting at which it is to be voted upon, and b) the matter appears on the published
agenda for the meeting.
The Bylaws adopted this date, May 6, 2014.
Bicycle & Pedestrian Subcommittee BYLAWS / May 6, 2014 Page 3
Page 10
From: McDowell, Traci
To: City Clerks Office
Subject: FW: Creation of a Community Certificate Honors Program
Date: Tuesday, July 16, 2019 8:48:10 AM
From: FRED Neil <fredneilbooks@comcast.net>
Sent: Wednesday, June 26, 2019 2:19 PM
To: Hare, Bill <bill.hare@dover.de.us>
Cc: Cole, Scott <scott.cole@dover.de.us>; Slavin, Tim <tim.slavin@dover.de.us>; McDowell, Traci
<tmcdowell@dover.de.us>; Mitchell, Donna <DMitchell@dover.de.us>
Subject: Creation of a Community Certificate Honors Program
Mr. President,
I did not include other members of the Council to avoid a potential FIOA
violation.
I would like for the City Council to establish a Community Certificate of
Honor Program for Home Owner Associations (HOAs) to recognize
exceptional and/or longtime service to the HOA. The individual(s) to be
honored would be selected by the HOA or could be nominated by
members of the Council based on their knowledge.
The HOA would send the nomination to the City Clerk with the name,
and a description of how long the individual has served, what
outstanding service they provide(d). Preferably, the individual can only
be honored once..
The purpose of the Honors program is to encourage participation in
HOA activities as well as those who have provided long service.
HOAs come in different forms:
Common Interest Communities legal necessary for the operation of their
Page 11
communities
Volunteer Civic Association
Leased Land HOAs but are not the community property owner.
All HOAs would have the privilege to nominate individuals.
Since we will not know what response we will have from the HOAs, I
would not establish a deadline but would send out yearly reminders in
the Electric Bills that the Honors program is available. That will allow
honorees throughout the year.
This inspiration comes because I have two individuals from my
community I wish to honor for the long service to the Wild Meadows
HOA. Both Seniors have wobbly health conditions. One created in
excess of 500 weekly email news letters and countless bulletins when
needed and served on the Board for many years. The second recently
lost his wife, and is losing his sight. He served as the Chair of the
Neighborhood Watch since its inception, and filled in at the community
entrance when the hired Security Guards felt the call of nature, during
NASCAR and Firefly events.
Traci, with her experience, may have thoughts on how best to establish
this Honors program.
Whether the Honors program becomes reality or not, I will request
Certificates for them while they are still with us,
Fred
Page 12
CITY OF DOVER ORDINANCE #2019-17
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Appendix C – Downtown Redevelopment of the Dover Code be amended by inserting the text
5 indicated in bold, blue, italics and deleting the text indicated in red strikeout as follows:
6
7 APPENDIX C - DOWNTOWN REDEVELOPMENT[1]
8 Footnotes:
9 --- (1) ---
10 Editor's note— An ordinance adopted Nov. 26, 1990, amended the Code by adding App. C, Arts. I—
11 VII, which is included in its entirety with no substantive changes made by the editor. Notation of
12 subsequent amendments shall follow the affected sections in a parenthetical history note. Obvious
13 misspellings and punctuation errors have been corrected without notation. For stylistic purposes,
14 headings and catchlines have been made uniform and the same system of capitalization, citation to state
15 statutes, and expression of numbers in text as appears in the Code of Ordinances has been used.
16 Additions made for clarity are indicated by brackets.
ARTICLE I. - INTENT
The city council has deemed it to be in the best interests of the residents of the city and in
furtherance of their health, safety and welfare to promote the redevelopment of downtown
Dover. In order to promote the redevelopment, [the] council has determined that incentives in the
forms of tax abatements, impact fee waivers and building permit caps should be offered.
ARTICLE II. - DEFINITIONS[2]
The following words, terms and phrases, when used in this ordinance, shall have the
meanings ascribed to them in this article, except where the context clearly indicates a different
meaning:
Footnotes:
--- (2) ---
Editor's note— Ord. No. 2014-01, adopted Feb. 10, 2014, repealed the former App. C, Art. II,
§§ 1—4, and enacted a new Art. II as set out herein. The former Art. II pertained to similar
subject matter and derived from Ord. of 5-26-1992; Ord. of 3-13-1995; Ord. of 4-14-1997; Ord.
of 1-10-2000; Ord. of 4-28-2008(3).
Section 1. - Beneficiary of the incentives.
The beneficiary of the incentives shall include the person or artificial entity that receives the
incentive and the owner of one-half or greater interest in an artificial entity that receives the
incentive.
( Ord. No. 2014-01, 2-10-2014 )
Page 13
Proposed Ordinance #2019-17-Append C-Downtown Redevelopment and Append D-DDBID Page 2
Section 2. - Downtown Dover Partnership.
(a) The Downtown Dover Partnership shall be established and duly incorporated under the
not-for-profit corporation provisions of the Delaware General Corporation Law (8 Del. C
§101 et seq.) for the purpose of fostering redevelopment within the target area.
( Ord. No. 2014-01, 2-10-2014 )
(b) Certification of incorporation. The city solicitor, as incorporator of the company, shall
prepare and cause, or amend, the certificate of incorporation to be filed with the secretary of
State of Delaware, which certificate shall include those requirements set forth in 22 Del. C. §
1504, as amended.
(c) Membership of company and board of directors. The management company shall be a
corporation comprised of not less than five members or directors respectively who either own a
commercial property within the district, or are the designee of such owner.
(d) Company reports. The management company shall file with the finance department and
with the city clerk a monthly financial report and shall also provide an operating report monthly.
The City of Dover shall annually review the performance of the management company and shall
prepare for public inspection a report which certifies that the management company is in
compliance with its enabling ordinance, its certificate of incorporation and bylaws, and the
provisions of this appendix and 22 Del. C. ch. 15 (22 Del. C. § 1501 et seq.); the management
company is fiscally sound; and the management company has not discriminated against any
person based upon race, sex, national origin, religion, age or disability.
( Ord. No. 2014-14, 6-9-2014 )
Section 3. - Eligible project.
Eligible project shall mean a new construction or renovation which:
(a) Is located within the target area; and
(b) The fair market value of the materials to be used in and the labor to be performed on the
project exceeds the sum of $15,000.00; and
(c) Is for commercial, office, or a residential use; and
(d) Conforms to the intent of this ordinance.
In order for a residential use to be an eligible project, the object of the construction or renovation
must be a dwelling unit as defined in article 12 of the City of Dover zoning ordinance [appendix
B]. Construction or renovation of accessory buildings as defined in article 12 of the City of
Dover zoning ordinance [appendix B] shall not be eligible for development incentives.
Construction or renovation which constitutes ordinary replacement or routine maintenance shall
not qualify as an eligible project.
Page 14
Proposed Ordinance #2019-17-Append C-Downtown Redevelopment and Append D-DDBID Page 3
( Ord. No. 2014-01, 2-10-2014 )
Section 4. - Target area.
Target area shall mean that part of the city more particularly described as follows:
Beginning at a point at the intersection of the centerlines of Cecil and North State Streets,
then continuing on the centerline of North State Street in a southerly direction to the
intersection of the centerline of State Street and an extension of the centerline of Delaware
Avenue, then continuing on the centerline and an extension of the centerline of Delaware
Avenue in an easterly direction to the point of intersection of an extension of the centerline
of Delaware Avenue and the St. Jones River, then following the centerline of the St. Jones
River in a southerly direction to the point of intersection of the centerline of the St. Jones
River and the southerly property line of lands now or formerly of the Catholic Diocese of
Wilmington, being the site of Holy Cross Roman Catholic Church, then proceeding in a
westerly direction along said property line to the easterly right-of-way line of South State
Street (U.S. Route 13-A), then crossing the right-of-way line of South State Street in a
westerly direction and joining the centerline of Hope Street and proceeding in a westerly
direction to the centerlines of Hope Street and South Governors Avenue, then proceeding in
a southerly direction along the centerline of South Governors Avenue to the point of
intersection of the centerlines of South Governors Avenue and Dover Street, then
proceeding in a westerly direction along the centerline of Dover Street to the point of
intersection of the centerlines of Dover Street and Westview Terrace, then continuing in a
northerly direction on the centerline of Westview Terrace to the point of intersection of the
centerline of Westview Terrace and New Burton Road, then proceeding in a northeasterly
direction on the centerline of New Burton Road to the point of intersection of New Burton
Road and West Street, then continuing in a northerly direction along the westerly right-of-
way line of West Street to the point of intersection of the westerly side of the right-of-way of
West Street and the northerly property line of lands now or formerly of Dover Rent-All,
Inc., then continuing in a westerly direction along said property line to the point of
intersection of said property line and the lands of Conrail Railroad, then proceeding in a
northerly direction along the easterly right-of-way line of Conrail Railroad in a northerly
direction to the point of intersection of the centerline of West North Street and then westerly
along the centerline of West North Street to Clarence Street and north along the center line
of Clarence Street to Slaughter Street, and west along the center line of Slaughter Street to
Cherry Street and north along the center line of Cherry Street to the intersection with the
center line of Lincoln Street to a point of intersection with an extension of the westerly
property line of lands now or of late of Michael Nash, being the site of the former Diamond
Ice Company, then proceeding in a northerly direction along the westerly property line of
the Nash property and in a line extending to the intersection of the southerly property line of
lands now or of late Paul T. and Aiko Moore, and then northwesterly and then northerly
along the southern and western property line of the Moore property and extending north to
an intersection with the centerline of Lincoln Street, and then easterly along the centerline of
Lincoln Street to a point of intersection of an extension of the westerly property line of lands
now or formerly of Frank Moore et al., and then northerly along the western property of
Frank Moore et al. and extending to a point of intersection with the centerline of Forest
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Proposed Ordinance #2019-17-Append C-Downtown Redevelopment and Append D-DDBID Page 4
Street, then easterly along the centerline of Forest Street to a point of intersection with an
extension of the westerly property of the lands now or formerly of the Salvation Army, and
then northerly and easterly along the western and north property line of the Salvation Army
property to the point of intersection with lands now or of late Conrail Railroad, then
northerly along the westerly property line of Conrail Railroad and extending to a point of
intersection with the centerline of West Division Street, and then easterly along the
centerline of East Division Street to the intersection of the easterly right-of-way line of
Conrail Railroad, and then northerly along the easterly right-of-way line of Conrail Railroad
to the intersection of the right-of-way of Conrail Railroad and the northerly property line of
lands now or of late of Southern States Cooperative, Inc., then proceeding in an easterly
direction a distance of 52.76 feet to the northeasterly corner of the lands now or of late of
Southern States Cooperative, Inc., then proceeding in a southerly direction along the easterly
property line of lands now or of late of Southern States Cooperative, Inc., to the point of
intersection of said property and the centerline of Mary Street, then proceeding in an easterly
direction along the centerline of Mary Street to the point of beginning, being the point of
intersection of the centerline of Mary Street and North Governors Avenue, south along the
centerline of North Governors Avenue to the intersection of North Governors Avenue and
Cecil Street, and west along the center line of Cecil Street through the Wesley College
Campus to the point of intersection of Cecil Street and North State Street.
High Priority Target Area shall mean that part of the city more particularly described as bounded
by the street center lines as follows:
From the intersection of the centerlines of North Governors Avenue and Mary Street south
to the intersection of the centerlines of North Governors Avenue and Fulton Street, east to
the intersections of the center lines of Fulton Street and North State Street, south to the
intersection of the center lines of South State Street and Loockerman Street, east 202 feet
and then south 172 feet and then west 36 feet and south 73 feet, and west along the right-of-
way of North Street for 136 feet, and then south 45 feet along the center line of State Street
and then east 73 feet along the south right-of-way of North Street and then south 71 feet, and
then west 11 feet and south six feet and west 20 feet and south 135 feet and west 8 feet and
then south 22 feet, then west following the centerline of The Green to the south intersection
of the center lines of South State Street and The Green, south to West Water Street and
south 218 feet and west 205 feet and southwest 41 feet and west 246 feet and north 102 feet
and west 103 feet and northwest 3 feet and west 40 feet and southwest 9 feet and west 44
feet and north to the intersection of South Governors Avenue and the centerline of West
Water Street and west to the intersection of the center lines of West Water Street and South
Queen Street, south along the center line of South Queen Street 541.11 feet and then west to
the center line of South West Street, and north to the intersection of the center lines of West
North Street and South West Street, and west to the intersection of the center lines of West
North Street and Clarence Street and north to the intersection of the center lines of Clarence
Street and Slaughter Street, and west along the center line of Slaughter Street to Cherry
Street and north along the center line of Cherry Street to the intersection with the center line
of Lincoln Street, and east along the center line of Lincoln Street to the intersection of the
center lines of Forest Street and South West Street, and north along the center line of South
West Street to the intersection of the center lines of West Street and West Division Street,
and west to the east property line of the Norfolk Southern railroad track, and north along this
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Proposed Ordinance #2019-17-Append C-Downtown Redevelopment and Append D-DDBID Page 5
property line to the intersection with the center line of Mary Street, and west to the
intersection of the center lines of Mary Street and North Governors Avenue.
( Ord. No. 2014-01, 2-10-2014 ; Ord. No. 2015-04, 2-23-2015 ; Ord. No. 2015-19, 11-9-2015 )
ARTICLE III. - ELIGIBILITY[3]
Footnotes:
--- (3) ---
Editor's note— Ord. No. 2015-04, adopted Feb. 23, 2015 , repealed Art. III, § 1, which
pertained to development incentive eligibility and derived from Ord. of 4-28-2003(3); Ord. No.
2014-01, adopted Feb. 10, 2014 . Subsequently, said ordinance renumbered Art. III, §§ 2, 3 as §§
1, 2.
Section 1. - Development incentive ineligibility.
An otherwise eligible project shall be ineligible for development incentives if:
(a) An application for a building permit for the project was filed prior to the effective date
of this ordinance; or
(b) Construction or renovation commenced prior to the effective date of this ordinance; or
(c) Issuance of the certificate of occupancy and/or the completion and finalization of the
building permit occurs before the application for development incentives is received; or
(d) The subject property is exempt from City of Dover real estate taxes; or
(e) The beneficiary of the incentives is delinquent on any of the obligations listed in section
1-13(b).
(Ord. of 1-11-1999; Ord. No. 2014-01, 2-10-2014 ; Ord. No. 2015-04, 2-23-2015 )
Section 2. - Revocation of eligibility.
The beneficiary of the incentives provided by this Appendix must remain current on all
obligations due the city. If, at any time after the incentives have been granted, the beneficiary of
the incentives becomes delinquent on any of the obligations listed in section 1-13(b), the city
manager shall revoke the eligibility for any portion of the incentives not yet received by the
beneficiary. Notice shall be given to such beneficiary in writing.
( Ord. No. 2014-01, 2-10-2014 ; Ord. No. 2015-04, 2-23-2015 )
ARTICLE IV. - DEVELOPMENT INCENTIVES
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Proposed Ordinance #2019-17-Append C-Downtown Redevelopment and Append D-DDBID Page 6
Eligible projects within the Target Area shall be eligible for the following development
incentives:
Section 1. - Waiver of permit fees.
Fees for building, plumbing, mechanical, and fire protection permits shall be waived for
eligible projects.
(Ord. of 1-10-2000; Ord. No. 2015-04, 2-23-2015 )
Section 2. - Waiver of impact fees.
Eligible projects shall qualify for city impact fee waiver of the cost of such fees.
(Ord. of 1-10-2000; Ord. of 1-28-2008(1); Ord. No. 2015-04, 2-23-2015 )
Section 3. - Abatement of property taxes on the value of improvement.
Eligible projects shall receive property tax waivers for a period not to exceed ten years so
that improvements to the properties made in accordance with the intent of this ordinance will not
be taxed for a period of time not to exceed ten years from the date of the making of the
improvements. The said ten-year period will commence with the date of issuance of a building
permit.
Eligible projects within the High Priority Target Area shall also be eligible for the following
incentives:
• For properties which have transferred on or after March 1, 2015, the property owner shall be
eligible for a rebate of the buyer's portion of the real estate transfer tax upon issuance of a
certificate of occupancy, provided that a certificate of occupancy is issued for improvements to
the property within five years of the payment of the real estate transfer tax.
• Businesses that open within or relocate to the high priority target area on or after March 1,
2015, shall be eligible for a waiver of all city business license fees associated with the business
for a period of three years. Eligible businesses are still required to obtain the required city
business licenses.
( Ord. No. 2015-04, 2-23-2015 )
ARTICLE V. - ADMINISTRATION
The city manager and his staff shall develop the administrative procedures necessary to
implement this ordinance. The city manager and his staff shall promulgate reasonable standards
to be used in determining whether an eligible project shall receive development incentives and, if
so, which incentives shall be granted. Administrative staff shall review applications for
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Proposed Ordinance #2019-17-Append C-Downtown Redevelopment and Append D-DDBID Page 7
development incentives and grant incentives to eligible projects. Applicants shall be notified of
the action taken on their applications by mail.
ARTICLE VI. - APPEALS
Applicants denied development incentives shall have the right to appeal the decision to the
city council within 30 days from the date of mailing of the formal notification. Such appeal shall
be in writing, signed by the owner of the property in question, and filed with the city clerk.
ARTICLE VII. - SEVERABILITY AND EFFECTIVE DATE
Section 1. - Severability.
Should any section or provision of this ordinance be declared to be unconstitutional or
otherwise invalid, such decision shall not affect the validity of the ordinance as a whole or any
part thereof other than the parts so declared to be unconstitutional or invalid.
( Ord. No. 2015-04, 2-23-2015 )
1 Section 2. - Effective date.
2 This ordinance shall be effective as of January 1, 1991.
3 ( Ord. No. 2015-04, 2-23-2015 )
4
5 BE IT FURTHER ORDAINED:
6
7 That Appendix D – Downtown Dover Business Improvement District of the Dover Code be amended by
8 deleting it in its entirety, as follows:
9
10 APPENDIX D - DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT[1]
11 Footnotes:
12 --- (1) ---
13 Editor's note— An ordinance adopted June 26, 1995, added app. D, arts. I—III, which is included in its
14 entirety with no substantive changes made by the editor. Subsequent amendments shall follow the
15 affected sections in a parenthetical history note. Obvious misspellings and punctuation errors have been
16 corrected without notation. For stylistic purposes, headings and catchlines have been made uniform and
17 the same system of capitalization, citation to state statutes, and expression of numbers in text as appears
18 in the Code of Ordinances has been used. Additions made for clarity are indicated by brackets.
ARTICLE I. - FINDINGS AND DECLARATION OF POLICY
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Proposed Ordinance #2019-17-Append C-Downtown Redevelopment and Append D-DDBID Page 8
The mayor and council of the City of Dover, acting pursuant to the provisions of 22 Del. C.
ch. 15 (22 Del. C. § 1501 et seq.), and having reviewed reports from the business improvement
district committee, hereby finds and declares that:
Section 1. - [Preservation and enhancement of commercial enterprise.]
Preserving and enhancing commercial enterprise in Dover and in the downtown business
center of Dover is critical to the longterm financial well-being of the City of Dover.
Section 2. - [Availability of enhanced city services in commercial centers.]
The availability of enhanced city services within the commercial centers of Dover should
result in significantly improved street and sidewalk sanitation, facilities and infrastructure
maintenance, and public security, serving as a magnet to the consuming public.
Section 3. - [Creation of business improvement districts.]
Numerous cities and towns throughout the United States, including Wilmington,
Philadelphia, Baltimore, Buffalo and Allentown, are enjoying enhanced city services through the
creation of business improvement districts.
Section 4. - [Funding of enhanced city services.]
The cost of the enhanced city services provided for within the Dover Downtown Business
Improvement District shall be funded by the principal beneficiaries thereof, the commercial
enterprises within the district and by voluntary donations, thereby limiting further demand on the
general revenues of the City of Dover.
ARTICLE II. - DEFINITIONS
The following words, terms and phrases, when used in this ordinance, shall have the
meanings ascribed to them in this article, except where the context clearly indicates a different
meaning:
Section 1. - [Assessable property.]
Assessable property means all property owned or used by a commercial enterprise which is
located within the Downtown Dover Business Improvement District (whether or not it is subject
to a city real property tax abatement) and which is not part of a class of property which is exempt
from assessment pursuant to article III, section 8 of this appendix.
Section 2. - [Assessment base.]
Assessment base means any tax or license fee lawfully imposed by the city relating to real
property or the operation of a commercial enterprise.
Section 3. - [Assessment zone.]
Assessment zone means an area of the [Downtown] Dover Business Improvement District
designated by the city to fund a certain percentage of the district's annual budget within which
the assessment rate is uniform.
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Proposed Ordinance #2019-17-Append C-Downtown Redevelopment and Append D-DDBID Page 9
There shall be three assessment zones in the district. A smaller core assessment zone [shall
be] centered around Loockerman Street (bounded by the farthest points of Queen, Reed, State
and North Streets) that would provide half of the budget through assessments. The larger
remaining portions of the district shall be the outer zones and shall provide half of the budget
through assessment. The limits of each zone shall be presented by map to city council for
approval at the time of approval of the BID budget as prescribed in section 9(f).
(Ord. of 4-10-2006(3))
Section 4. - [Authority.]
Authority means a body politic or corporate, exercising public powers of the state as an
agency thereof in accordance with the provision of 22 Del. C. ch. 15 (22 Del. C. § 1501 et seq.),
and this appendix of [to] the city Code.
Section 6 [5]. - [City and municipality.]
City or municipality means [the] City of Dover, a political subdivision of the State of
Delaware.
Section 5 [6]. - [Downtown Dover Business Improvement District and district.]
Downtown Dover Business Improvement District or district means an area of the city
designated for the provision of services by an authority or management company as defined by
this article of this appendix of [to] the Code.
Section 7. - [Management company.]
Management company means an authority, which, in accordance with the express terms of
the provisions of this article of this appendix and the ordinance creating it, is duly incorporated
under the not-for-profit corporation provisions of the Delaware General Corporation Law (8 Del.
C. § 101 et seq.), and such management company shall be designated by [an] act of [the] city
council.
Section 8. - [Services.]
Services means those functions undertaken, directly or indirectly, by an authority or
management company for the benefit and advantage of the business improvement district.
ARTICLE III. - ESTABLISHMENT OF THE DOVER DOWNTOWN BUSINESS
IMPROVEMENT DISTRICT
Section 1. - Purpose.
The creation of the Dover Downtown Business Improvement District is designed to assist in
the revitalization of the city's downtown and adjoining commercial district by providing
enhanced municipal services via a commercial property surtax. The district is created pursuant to
chapter 15, title 22, Delaware Code (22 Del. C. § 1501 et seq.) (hereafter, the "enabling
legislation").
Section 2. - Establishment.
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Proposed Ordinance #2019-17-Append C-Downtown Redevelopment and Append D-DDBID Page 10
The mayor and council hereby create a business improvement district to be known as the
"Dover Downtown Business Improvement District" ("DDBID"), which district shall be bounded,
governed and administered in accordance with this appendix D.
Section 3. - Geographic boundaries.
The geographic boundaries of the DDBID shall not exceed the boundaries of the downtown
redevelopment target area as defined in Appendix C—Downtown Redevelopment.
(Ord. of 4-10-2006(4); Ord. No. 2014-14, 6-9-2014 )
Section 4. - Duration of DDBID.
The city council shall have the right to dissolve the DDBID or change the designation of the
management company at any time.
( Ord. No. 2014-14, 6-9-2014 )
Section 5. - Management company.
(a) Authorized. The DDBID shall be governed by the Downtown Dover Partnership, a
management company specifically authorized by this ordinance and organized under the not-
for-profit corporation provisions of the Delaware General Corporation Law (8 Del. C. § 101
et seq.).
(b) Certification of incorporation. The city solicitor, as incorporator of the company, shall
prepare and cause, or amend, the certificate of incorporation to be filed with the secretary of
State of Delaware, which certificate shall include those requirements set forth in 22 Del. C. §
1504, as amended.
(c) Membership of company and board of directors. The management company shall be a
corporation comprised of not less than five members or directors respectively who either own
a commercial property within the district, or are the designee of such owner.
(d) Company reports. The management company shall file with the finance department and with
the city clerk a monthly financial report and shall also provide an operating report monthly.
The City of Dover shall annually review the performance of the management company and
shall prepare for public inspection a report which certifies that the management company is
in compliance with its enabling ordinance, its certificate of incorporation and bylaws, and the
provisions of this appendix and 22 Del. C. ch. 15 (22 Del. C. § 1501 et seq.); the management
company is fiscally sound; and the management company has not discriminated against any
person based upon race, sex, national origin, religion, age or disability.
( Ord. No. 2014-14, 6-9-2014 )
Section 6. - Services.
Except as limited by the enabling legislation, the DDBID may use proceeds of the special
assessments to provide for the following services, directly or by contract: promotional events,
business training and education; streetscape and store design services and assistance; marketing
and advertising; economic development; market analysis and planning studies; security services;
sidewalk sanitation; [and] downtown signage and lighting.
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Proposed Ordinance #2019-17-Append C-Downtown Redevelopment and Append D-DDBID Page 11
Section 7. - Assessment base.
The assessment base through which the annual budget of the DDBID shall be funded shall
be the real property assessment value as established by city property tax records for the qualified
property in the assessment zone.
Section 8. - Properties exempt from assessment.
(a) All exclusively residential properties having not more than four rental units shall be exempt
from assessment.
(b) All properties which are (i) exempt from the city's real property tax and (ii) owned by either
churches or the federal, state or local government shall be exempt from assessment.
(c) All assessment appeals shall be taken directly to the management company.
Section 9. - Method of assessment.
(a) The management company shall assess each assessable property within the district by
multiplying the total service and improvement cost as reflected in the adopted budget for each
year (less any allocated surplus or estimated revenue from other sources) by the ratio of the
amount of such assessable property's assessment base to the total amount of the assessment
base for all assessable properties in the district or, if the district is divided into assessment
zones, in the respective assessment zone, provided that, in all cases, the assessment base shall
be the one designated in the enabling legislation and this appendix by the city to fund the
district; and provided, further, that notwithstanding the above, the management company shall
have the power to impose an assessment of a minimum amount.
(b) The management company shall by resolution authorize the payment of such assessments
annually.
(c) All assessments imposed by the management company shall constitute a lien on each
property so assessed, the nonpayment of which shall be collectible in the same manner as the
collection of a property tax delinquency by the city in which the district lies. No action taken
to enforce a claim by the management company for the annual payment shall affect the status
of any subsequent installment of the same or the next assessment, each of which shall
constitute a lien upon the property.
(d) Each year the city assessor shall provide the management company with a list of the assessed
values of all properties located within the DDBID which are subject to assessment hereunder,
as well as the:
(i) Name and address of the owner(s) of each such property; and
(ii) The address and parcel number of each such property.
(e) There shall be three assessment zones in the district as set forth in the attached map. Zones
1, 2 and 3 shall provide 50 percent, 40 percent and ten percent of the budget assessment.
(f) The annual budget and assessment zones shall be established by the management company
and submitted to [the] city council for approval on or before the first council meeting in May
each year. The budget shall be based on services and improvements authorized by this
ordinance and shall be approved by [the] council on or before the second meeting in June.
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Proposed Ordinance #2019-17-Append C-Downtown Redevelopment and Append D-DDBID Page 12
Once the budget is approved by [the] city council, the city assessor shall supply to the
management company the necessary information to determine the assessments and assessment
rate. The assessment rate shall be approved and accepted by [the] council on or before the
second meeting in June each year. The billing and assessment year shall run from July 1 to
June 30. Assessment notices shall be mailed on or before the tenth working day of July each
year. Assessments not paid by August 1 shall bear a penalty of 1½ percent per month.
(Ord. of 4-10-2006(5))
1 Section 10. - Limitations on authority.
2 The management company shall have all of the powers and authorities described and listed in 22
3 Del. C. § 1504(b), as amended; provided, however, that it shall be prohibited from incurring capital debt
4 and owning real property with funds acquired through the DDBID revenues.
5
6 ADOPTED: *
7
8 SYNOPSIS
9 The amendment eliminates the Downtown Dover Business Improvement District and associated tax.
10 (SPONSORS: COMMITTEE OF THE WHOLE/LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
11
12 Actions History:
13 07/23/19 – Scheduled for Introduction – CCW/Legislative, Finance, and Administration Committee
14 meeting
15
Page 24
CITY OF DOVER PROPOSED ORDINANCE #2019-18
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Chapter 2 - Administration, Article IV - Officers and Employees, Division 1 - Generally,
4 Section 2-201 - Compensation and Expenses for Mayor, Council, and Other Elected or Appointed
5 Officials of the Dover Code be amended by deleting the text indicated in red strikeout as follows:
6 CHAPTER 2 - ADMINISTRATION
7 ARTICLE IV. - OFFICERS AND EMPLOYEES
8 DIVISION 1. - GENERALLY
9 Sec. 2-201. - Compensation and expenses for mayor, council, and other elected or appointed
10 officials.
11 (a) Fees established. In accordance with section 12 of the Charter, authorizing the council to
12 establish compensation and expenses for the mayor, councilmembers, and other elected or
13 appointed officials, the following fees are hereby established:
14 (1) Mayor. The mayor shall receive an annual salary of $45,000.00. In addition, the
15 mayor shall receive an expense allotment of up to $5,000.00, to be included in the
16 city's annual budget for miscellaneous expenses, to be reimbursed upon submission
17 of receipts or proper documentation. Expenses in excess of this amount shall only be
18 permitted by council approval. The mayor shall be entitled to all benefits customary
19 to an employee of the city, except pension benefits, and sick and vacation leave.
20 (2) Councilmembers generally. Each councilmember shall receive an annual salary of
21 $7,416.00, to be paid monthly. The council president shall receive an annual salary
22 of $8,652.00, to be paid monthly. Councilmembers shall receive reimbursement for
23 actual and necessary expenses incurred when on official business as prescribed by
24 ordinance or policy.
25 (3) Board of assessment appeals. Each appointed member of the board sitting to hear
26 appeals from the municipal assessment shall receive $75.00 per diem reimbursement
27 for expenses for the preparation and attendance at each meeting of the board of
28 assessment appeals.
29 (4) Nonemployee election officers. Each person not a city employee appointed to serve
30 as an election judge for any municipal election shall receive $200.00 for per diem
31 reimbursement for each election attended. Each person chosen to serve as a clerical
32 assistant for any municipal election shall receive $150.00 for per diem
33 reimbursement for each election attended.
34 (5) Employee election officers. Employees of the city appointed to serve as election
35 judges or officials for any municipal election shall receive $150.00 for per diem
36 reimbursement for expenses for each municipal election attended in addition to their
37 regular salary.
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Ordinance #2019-18 - Chapter 2 - Administration - Compensation Commission Page 2
38 (6) Appointee to council committee. Each appointed member to any city council
39 committee, not serving an elected term to any city office, shall receive $75.00 for
40 preparation and attendance at each committee meeting to which the member is
41 appointed.
42 (7) Employee on council committee. Any city employee appointed to a council
43 committee shall receive $25.00 for reimbursement for expenses per diem for each
44 meeting attended which is held after 5:00 p.m. on a scheduled workday or at any
45 time on a weekend or city-approved holiday.
46 (8) Planning commission. Each appointed member of the planning commission shall
47 receive $100.00 per diem reimbursement for expenses to be paid monthly for
48 preparation and attendance at each meeting of the planning commission.
49 (9) Board of adjustment. Each appointed member of the board of adjustment shall
50 receive $75.00 per diem reimbursement for expenses to be paid monthly for
51 preparation and attendance at each meeting of the board of adjustment.
52 (b) Compensation commission. There is hereby created a compensation commission to consider
53 compensation for the mayor, city council, and paid members of city committees and
54 commissions. The compensation commission shall consist of five members, one member
55 appointed by the mayor, one member appointed by the council president, and three members
56 appointed by city council during the annual meeting. Members shall be city residents who
57 are registered to vote in city elections. Members shall serve four-year terms and cannot be
58 reappointed within the next four years. The controller/treasurer and human resources director
59 shall serve as ex-officio, nonvoting members.
60 The compensation commission shall meet at least once a year, with a written report due to council
61 on or before the first regular council meeting in November. Prior to submitting a resolution to
62 council which proposes a change in compensation, one public hearing must be held. Upon receiving
63 the resolution of the commission, the city council may reduce or reject the commission's
64 recommendation, but it may not increase any item in the resolution. The recommendations contained
65 in the resolution, and any permitted changes to such recommendations, shall not become effective
66 unless adopted by ordinance enacted at least three months prior to the elections of the next
67 succeeding mayor and council, and shall take effect only for the next succeeding terms of office of
68 the mayor and council.
69 (Code 1981, § 2-70; Ord. of 9-14-1987; Ord. of 8-27-1990; Ord. of 11-26-1990, § 1; Ord. of 1-11-
70 1993; Ord. of 6-27-1994; Ord. of 2-24-1997(2); Ord. of 1-10-2000; Ord. of 10-9-2000; Ord. of 1-22-
71 2001; Ord. of 6-24-2002; Ord. of 6-25-2007; Ord. No. 2009-16, 7-27-2009; Ord. No. 2009-23, 10-
72 26-2009; Ord. No. 2009-17, 11-9-2009; Ord. No. 2017-09 , 8-14-2017)
73 ADOPTED: *
74 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-18 CHPT 2 - ADMINISTRATION - COMPENSATION COMMISSION\ORDINANCE #2019-18 CHPT 2 - ADMINISTRATION -
75 COMPENSATION COMMISSION.wpd
76 SYNOPSIS
77 The amendment eliminates the Compensation Commission.
78 (SPONSORS: SLAVIN AND NEIL)
79 Actions History
80 07/23/2019 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee