Attachment

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA FEBRUARY 25, 2013 - 5:30 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. AGENDA ADDITIONS/DELETIONS 1. Proposed Charter Amendments A. Article II - Mayor and Council, Section 13 - Vacancies; Forfeiture of Office; Filling of Vacancies (Deferred by Committee on February 11, 2013 Due to Time Constraints) (Approval of the Proposed Charter Amendment Requires that a Resolution Requesting the General Assembly to Amend the City of Dover Charter be Prepared for Council’s Review and Adoption) B. Article II - Mayor and Council, Section 5 - Council to Be Legislative Body; Size; Districts; Terms of Mayor and Councilmen; Qualifications (Deferred by Committee on February 11, 2013 Due to Time Constraints) (Staff Recommends Approval of the Proposed Charter Amendments and that a Resolution Requesting the General Assembly to Amend the City of Dover Charter be Prepared for Council’s Review and Adoption) C. Article I - Powers of the City, Section 1.05 - Procedure to Extend Boundaries (Deferred by Committee on February 11, 2013 Due to Time Constraints) (Staff Recommends Approval of the Proposed Charter Amendments and that a Resolution Requesting the General Assembly to Amend the City of Dover Charter be Prepared for Council’s Review and Adoption) 2. Disposal of Excess Property - Justice of the Peace (JP) Court 7 and 16 (Staff Recommends Authorizing the City Manager to Become a Co-Applicant With the State of Delaware on a Site Plan Application to Expand J.P. Court 7 and 16 Located at the Intersection of Bank Lane and West Street. Once the Amount of Land Necessary to Accommodate the Proposed Expansion is Known, the City Manager Will Return to the Committee with a Recommendation Regarding the Disposal of City Property Necessary to Accommodate the Proposed Expansion) 3. Adjournment by 7:00 P.M. /tm S:\AGENDAS-MINUTES-PACKETS\Committee-Agendas\2013\02-25-2013 LF&A.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 02/11/13 DEPARTMENT OF ORIGIN: City Council PREPARED BY: Traci A. McDowell, City Clerk, on Behalf of Councilman David Anderson SUBJECT: Proposed Charter Amendment-Temporary Succession DATE SUBMITTED: 01-30-2013 RELATED PROJECT: N/A APPROVALS: City Council/General Assembly EXHIBITS: Proposed Amendment to Sec. 13. - Vacancies; forfeiture of office; filling of vacancies EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Charter Amendments will require adoption of a Resolution requesting the General Assembly to approve the amendments. The Resolution will be presented to City Council on 2/25/13 and, upon adoption, staff will forward to local legislators for submission. RECOMMENDED ACTION: Approval of the proposed amendments to the City of Dover Charter and adoption by City Council of the subsequent Resolution requesting the General Assembly to amend the charter. BACKGROUND AND ANALYSIS At the request of Councilman Anderson, staff prepared the attached amendment to Sec. 13. - Vacancies; forfeiture of office; filling of vacancies of the City of Dover Charter. This amendment would add a provision for elected officials to designate temporary successors in the event that they are absent or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of the office for an extended period of time. Additionally, the amendment would change the provisions regarding the filling of vacancies for the Mayor and Council seats to specify that offices vacated within six months of the next election would remain vacant until the next election; however, those offices vacated for more than six months from the next election would be filled through a Special Election. S:\CAFS\AMENDMENTS-CHARTER\Charter Amendment - Temporary Succession - CAF 02-11-2013 LF&A.wpd

CITY OF DOVER - PROPOSED CHARTER AMENDMENTS IN FULL CONTEXT 1 Article II - Mayor and Council 2 Section 13. - Temporary successors; Vacancies; forfeiture of office; filling of vacancies 3 (a) Temporary successors. Within 30 days of entering upon the duties of their office, each 4 elected official shall designate by name and order of succession no less than three nor 5 more than seven temporary successors to exercise the powers and discharge the duties of 6 their office, but not hold the office, in the event that the elected official is absent from the 7 city or unable, for physical, mental, or legal reason, to exercise the powers and discharge 8 the duties of their office. 9 (1) Qualifications of temporary successors. No person shall be designated to serve, 10 nor serve, as a temporary successor unless such person is legally qualified under 11 the charter and the code of ordinances of the City of Dover to hold the office of the 12 person whose powers and duties they are designated to succeed. 13 (2) Assumption of powers and duties by temporary successor. Temporary successors 14 shall take the same oath of office as prescribed for the elected official upon 15 assuming the powers and duties of the office. 16 (3) Term of temporary successors. The temporary successor designation is assigned 17 and revoked at the pleasure of the elected official. 18 (4) Periodic review of temporary successor designations. It shall be incumbent upon 19 each elected official to review and revise as necessary their temporary successor 20 designees to ensure that at all times there are at least three duly authorized 21 temporary successors for each elected official of the City. 22 (5) Recording and publication of successors. The name, address, and rank in order 23 of succession of each temporary successor designee shall be filed with the city 24 clerk. Any changes to the elected official’s designations shall become effective 25 when the elected official files those changes with the city clerk. The city clerk shall 26 maintain a current list of the names and order of succession of each designee for 27 temporary successors and it shall be open to public inspection. 28 (6) Compensation. Temporary successors shall serve without salary. They shall, 29 however, be entitled to reimbursement for actual expenses necessarily incurred in 30 the performance of their powers and duties. 31 (a)(b) Vacancies. The office of a council member shall become vacant upon the member's death, 32 resignation, or removal from office or forfeiture of office in any manner authorized by law. 33 (b)(c) Forfeiture of office. A council member shall forfeit that office if the council member: 34 (1) Fails to meet the residency requirements, 35 (2) Violates any express prohibition of this charter,

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 2 36 (3) Is convicted of a crime involving moral turpitude, or 37 (4) Fails to attend three consecutive regular meetings of the council without being 38 excused by the council. 39 In the case of any such vacancy or of any vacancy created by death, resignation or otherwise for 40 which said vacancy shall be less than six months from the next election in duration, the office shall 41 remain vacant. If such vacancy should be in excess of six months from the next election in 42 duration, a Special Election shall be held to fill such vacancy, this Special Election to be held no 43 sooner than 30 days from the date of the vacancy, but said sSpecial eElection to be held no later than 44 60 days after the date of the vacancy. If council fails to call for a Special Election, the Special 45 Election shall be called by the Election Board. 46 S:\CAFS\AMENDMENTS-CHARTER\Charter Amendment - Temporary Succession - 02-11-2013 LF&A.wpd

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 02/11/13 DEPARTMENT OF ORIGIN: City Council PREPARED BY: Traci A. McDowell, City Clerk SUBJECT: Proposed Charter Amendment-Correction to Age DATE SUBMITTED: 01-30-2013 Requirement/Language cleanup RELATED PROJECT: N/A APPROVALS: City Council/General Assembly EXHIBITS: Proposed Amendment to Sec. 5. - Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Charter Amendments will require adoption of a Resolution requesting the General Assembly to approve the amendments. The Resolution will be presented to City Council on 2/25/13 and, upon adoption, staff will forward to local legislators for submission. RECOMMENDED ACTION: Approval of the proposed amendments to the City of Dover Charter and adoption by City Council of the subsequent Resolution requesting the General Assembly to amend the charter. BACKGROUND AND ANALYSIS It was brought to staff’s attention that the current wording of Section 5 - Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications, indicates that in order to be eligible to be elected as mayor or as a member of council, the person must as of the date of the election be: (4) Eighteen years of age. This amendment corrects that language to be “Eighteen years of age or older”. Additionally, amendments are proposed to make the language in this section more concise. S:\CAFS\AMENDMENTS-CHARTER\Charter Amendment - Correction to Age Requirement - 02-11-2013 LF&A.wpd

CITY OF DOVER - PROPOSED CHARTER AMENDMENTS IN FULL CONTEXT 1 Sec. 5. - Council to be legislative body; size; districts; terms of mayor and councilmen; 2 qualifications. 3 The council shall be the legislative body of the city and composed of nine members nominated and 4 elected as herein provided. 5 In order that the members of council shall be distributed over the city, the The city shall be 6 divided into four election districts, the district boundaries of which shall he be established by 7 council so that the districts they are nearly equal in population as shown by the most recent 8 federal decennial census based on the latest federal decennial census information . The district 9 boundaries established for municipal elections shall be used for the next regular municipal election 10 and shall continue in effect until the next succeeding federal decennial census is made available for 11 use by municipalities in the State of Delaware. , at which time council shall redistrict the city so 12 that the districts shall be nearly equal in population in accordance with said census, which 13 redistricting shall be used for the next regular municipal election, which procedure shall be 14 followed by council after each succeeding federal decennial census in this manner so that the 15 districts shall be maintained as nearly equal in population as possible at all times. 16 At the regular municipal election held in April of 2012, the mayor shall be elected at-large. The term 17 of mayor elected at the April 2012 regular municipal election shall be for a period of three years, 18 commencing on the second Monday in May following his/her election and continuing for a term of 19 three years until the second Monday in May 2015, or until his/her successor has been duly elected 20 and qualified. 21 Thereafter, commencing with the regular municipal election to be held in April of 2015, the term of 22 mayor shall be for a period of four years commencing on the second Monday in May following 23 his/her election and continuing for a term of four years until the second Monday in May, or until 24 his/her successor has been duly elected and qualified. 25 At the regular municipal election held in April of 2012, four councilmen shall be elected by district 26 voting from each of the districts of the city. The term of the councilmen elected at the April 2012 27 regular municipal election shall be for three years, commencing on the second Monday in May 28 following their election and continuing for a term of three years until the second Monday in May 29 2015, or until their successors have been duly elected and qualified. 30 At the regular municipal election held in April of 2013, five councilmen shall be elected, four by 31 district voting being from the districts and one at-large. The term of the councilmen elected at the 32 April 2013 regular municipal election shall be for a period of four years, commencing on the second 33 Monday in May following their election and continuing for a period of four years until the second 34 Monday in May, or until their successors have been duly elected and qualified. 35 Thereafter, commencing with the regular municipal election to be held in April of 2013, the terms 36 of the councilmen shall be for a period of four years, commencing on the second Monday in May 37 following their election and continuing for a term of four years until the second Monday in May, or 38 until their successors have been duly elected and qualified. The mayor and at-large councilman shall 39 be elected at alternating biennial regular municipal elections.

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 2 40 In order to be eligible to be elected as mayor or as a member of council, the person must as of the 41 date of the election be: 42 (1) A citizen of the United States and of the State of Delaware; 43 (2) A resident of the city and having continuously resided therein or in an area annexed 44 to the city during the two years next immediately preceding the day of the election; 45 (3) A resident of the election district from which they are seeking election, unless they are 46 seeking election as an at-large councilman or mayor; 47 (4) Eighteen years of age or older; and 48 (5) Nominated therefore, as hereinafter provided. 49 Holding Other Office. Except where authorized by law, no council members shall hold any other 50 elected public office, city office, or city employment during the term for which the member was 51 elected to the council. No council member shall hold any other city office or employment during 52 the term for which the member was elected to the council. No former council members shall hold 53 any compensated appointive office or employment with the city until one year after the expiration 54 of the term for which the member was elected to the council, unless granted a waiver by the Board 55 of Ethics (Ethics Commission). 56 (Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 6); Ord. No. 2010-23, 8-23-2010 57 (S.B. 8); Res. No. 2011-11, 10-10-2011, (S.B. 165)) 58 S:\CAFS\AMENDMENTS-CHARTER\Charter Amendment - Correction to Age Requirement - 02-11-2013 LF&A.wpd

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee MEETING DATE: 02/11/13 DEPARTMENT OF ORIGIN: City Council PREPARED BY: Ann Marie Townshend, Director of Planning and Community Development and Traci McDowell, City Clerk SUBJECT: Proposed Charter Amendment - Procedure to Extend Boundaries DATE: 01-30-2013 RELATED PROJECT: N/A APPROVALS: City Council/General Assembly EXHIBITS: Proposed Amendment to Section 1.05 - Procedure to Extend Boundaries EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Charter Amendments will require adoption of a Resolution requesting the General Assembly to approve the amendments. The Resolution will be presented to City Council on 2/25/13 and, upon adoption, staff will forward to local legislators for submission. RECOMMENDED ACTION: Approval of the proposed amendments to the City of Dover Charter and adoption by City Council of the subsequent Resolution requesting the General Assembly to amend the charter. BACKGROUND AND ANALYSIS The Planning Office and City Clerk's Office began work on a proposed charter amendment regarding annexation several years ago when the City was receiving a lot of interest in annexation. Currently, the charter requires that all petitions for annexation be subject to an election of the owners and residents of the property proposed for annexation. In reviewing many annexation requests, it became apparent that the added step of an election in cases where the only person(s) voting were those who requested annexation was an inefficient use of City staff and financial resources, as well as an added burden to the property owner(s). A charter amendment is required to eliminate this unnecessary step. The proposed charter amendment developed by staff would eliminate the requirement for an election when the property owner has requested annexation of their property. The proposal would require an election in the cases where the entirety of the area proposed for annexation is not the subject of a request from the property owners. As proposed, the City would not be able to annex land against the owner's wishes without the opportunity for the owner to vote in an election. The proposed charter amendment would simplify the annexation process and reduce unnecessary costs, but still allow property owners a vote if their property is the subject of an annexation proposal that is not petitioned by the owners. S:\CAFS\AMENDMENTS-CHARTER\Charter Amendment - Amendments to Annexation Procedure - CAF 02-11-2013 LF&A.wpd

CITY OF DOVER - PROPOSED CHARTER AMENDMENTS IN FULL CONTEXT 1 Article I - Powers of the City 2 Sec. 1.05. - Procedure to extend boundaries. 3 In order to extend the boundaries of the City of Dover the council shall adopt a resolution 4 proposing the inclusion of territory or territories within the limits of the City of Dover and calling 5 for a special election to be held in said territory or territories in accordance with Title 22, Chapter 6 1, Section 101, Delaware Code (22 Del. C. § 101) insofar as applicable. Said resolution shall 7 contain a description of the territory or territories proposed to be annexed and shall specify the 8 date of such election, which shall be not less than 30 nor more than 60 days after the adoption of 9 said resolution, and the place or places of said election. Said resolution shall be published in at 10 least two issues of a newspaper of general circulation within the City of Dover at least two weeks 11 prior to the day of said election. 12 The City may, from time to time, extend its boundaries in accordance with Title 22, Chapter 1, 13 Section 101 (22 Del. C. § 101) through the following annexation processes: 14 (1) In the case where annexation is petitioned by the owner or all owners of all property 15 considered for annexation, no election shall be required. 16 For an annexation petition not requiring an election, such petition shall be processed 17 in accordance with procedures established for amendments to the zoning map, 18 specified in Dover Code, Appendix B - Zoning. All annexation petitions shall be 19 processed concurrently with the rezoning of the property considered for annexation 20 and shall be subject to public hearing before City Council. Public notice shall be 21 completed in accordance with the provisions of the Dover Code relating to amendment 22 of the zone zoning map. 23 (2) In the case where annexation is not petitioned by the owner or all owners of all 24 subject property considered for annexation, such annexation shall be subject to an 25 election, as follows: 26 (a) In order to extend the boundaries of the City of Dover, the council shall adopt a 27 resolution proposing the inclusion of territory or territories all property 28 considered for annexation within the limits of the City of Dover and calling for a 29 special election to be held not less than 30 nor more than 60 days after the 30 adoption of the resolution, in said territory or territories in accordance with 31 Title 22, Chapter 1, Section 101, Delaware Code (22 Del. C. § 101) insofar as 32 applicable. 33 Said The resolution shall contain a description of the territory or territories 34 proposed to be annexed all property considered for annexation, and shall 35 specify the date of such the election, which shall be not less than 30 nor more 36 than 60 days after the adoption of said the resolution, and the place or places of 37 said election. Said The resolution shall be published in at least two issues of a 38 newspaper of general circulation within the City of Dover at least two weeks prior

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 2 39 to the day of said election. 40 (b) Any such The annexation election shall be held by the city’s election officers. of 41 the election district or districts of Kent County which shall include the 42 territory proposed to be annexed. Every person 18 years of age or upwards 43 who is duly registered upon the books of registered voters for said election 44 district, or districts, who is a resident of the territory proposed to be included 45 within the limits of the City of Dover, and who does not own real estate 46 within said territory shall be entitled to one vote at the election to determine 47 whether said territory shall be annexed; and every person who is the owner 48 of real estate within a territory proposed to be included assessed to them on 49 the assessment records of Kent County, Each owner of the property 50 considered for annexation shall be entitled to one vote. Owners of real estate in 51 common shall be entitled to one vote each. Life tenants shall be entitled to one 52 vote each , but the holders of the remainder interest or similar interest subject to 53 the life estate shall not be entitled to vote. Corporations, firms or associations 54 shall be entitled to one vote, the same as private persons. 55 Elections may be held in more than one of said territories on the same day, 56 but the said elections shall be separate; only the votes of qualified voters of a 57 territory as herein described shall be counted in the election to determine 58 whether the territory shall be annexed. 59 More than one annexation election may be held on the same day; however, the 60 elections shall be separate. 61 The Council of the City of Dover shall provide the ballots for any such election 62 and shall bear the cost of holding such annexation elections. The ballots shall 63 briefly indicate the territory property proposed to be included for annexation 64 and shall provide two boxes on the ballot beside which shall appear the words 65 "FOR inclusion within the City of Dover," and "AGAINST inclusion within the 66 City of Dover." Each voter shall indicate their preference by making a mark 67 within the box beside the words expressing their preference. 68 At any such election For the annexation election, the polls shall he open from 69 at 11:00 a.m. to and remain open until each eligible voter has cast their vote or 70 until 8:00 p.m., whichever occurs first. When the polls are closed the election 71 officers shall publicly count the votes and forthwith certify to the clerk of the 72 council the number of votes cast for and against inclusion within the city limits. 73 At the next regular or special meeting of the council , the mayor and council shall 74 receive the results of the election and make the same a part of the minutes of said 75 meeting. 76 If a majority of the votes cast in an annexation election held in a territory 77 proposed to be annexed shall be in favor of the inclusion of that territory 78 property, the council may thereupon adopt a resolution annexing said territory

CITY OF DOVER - PROPOSED CHARTER AM ENDM ENTS IN FULL CONTEXT PAGE 3 79 property and including same within the limits of the City of Dover. Upon the 80 adoption of a resolution of annexation, a copy thereof certified by the clerk of 81 council and a map of the area annexed shall be forthwith filed for record with the 82 Recorder of Deeds of Kent County, and the area so annexed shall for all purposes 83 thenceforth be part of the City of Dover. 84 If a majority of the votes cast in an annexation election held in a territory 85 proposed to be annexed shall be against the inclusion of that territory property 86 within the limits of the City of Dover, the proposed annexation of said territory 87 property shall be declared to have failed. Nothing in this Charter shall prohibit the 88 council from resubmitting a proposal of for annexation to the eligible voters of for 89 said territory property, or any portion thereof, under the authority of this section 90 and in accordance with the provisions thereof. 91 (Amd. of 7-8-2009 (S.B. 165, § 2)) 92 S:\CAFS\AMENDMENTS-CHARTER\Charter Amendment - Amendments to Annexation Procedure - 02-11-2013 LF&A.wpd

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 02/19/2013 PREPARED BY: Scott D. Koenig, P.E., City Manager SUBJECT: Disposal of Excess Property – Justice of the Peace (JP) Court 7 & 16 REFERENCE: RELATED PROJECT: REVIEWED BY: City Manager and Controller EXHIBITS: Exhibit A – Letter from Cabe Associates, Inc.; Exhibit B – Procedure for Sale and Disposal of Real Property EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: Upon City Council Action. RECOMMENDED ACTION: Authorize the City Manager to become a co-applicant along with the State of Delaware on a site plan application to expand J.P. Court 7 & 16 located at the intersection of Bank Lane and West Street. Once the amount of land necessary to accommodate the proposed expansion is known, the City Manager will return to the committee with a recommendation regarding the disposal of City property necessary to accommodate the proposed expansion. BACKGROUND AND ANALYSIS City Staff has received a request from Cabe Associates, Inc. and Delaware Architects, LLC on behalf of the State of Delaware, Administrative Office of the Court to potentially expand the existing JP Court 7 & 16 building located at the intersection of Bank Lane and West Street immediately adjacent to the Dover Police Department. The proposed court expansion is desired in order to meet the area’s growing needs for court facilities. At this time, only the JP Court 7 & 16 building footprint is owned by the State of Delaware. In order for the court to expand, the City of Dover must agree to dispose of any surrounding land required to accommodate the proposed expansion. Since the engineers and architects are in the early planning stages, exact land requirements are unknown at this time. Therefore, this request is envisioned by the City Manager to be a two (2) step process. The first step is to receive approval from City Council for the City Manager to become a co-applicant along with the State of Delaware on a site plan application for the proposed expansion. The site plan and facilities planning process will identify the exact amount of land that will be needed by the court to expand. Once the exact amount of land is known, the City Manager will fully initiate the Procedures for Sale and Disposal of Real Property and return to the Legislative, Finance & Administration Committee with a specific recommendation regarding the transfer of any land necessary to accommodate the proposed expansion of the court. Staff will work closely with the project engineer, project architect, representatives from the State of Delaware, and the Dover Police Department to design a project that will meet the needs of the Court while addressing any operational concerns of the Dover Police Department since they are the adjoining property owner.

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