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Committee Minutes. Apr 13, 2009.

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ATTACHMENT #1 PR&CE Committee Meeting of 04/13/2009 Library Services for Dover and Kent County OPTIONS FOR THE FUTURE PR&CE Committee Meeting of 04/13/2009 ATTACHMENT #1

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Range of Choices • Exploratory Exercise by Executive Staff • Options Defined by Major Distinctions • Not Exhaustive - Other Permutations Possible • Pros and Cons Debated

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Options: • City Built & Owned Anchor Library • Equal Share Funding Option • Consolidation Option •B n ranched C nonsolidation Option • Dover Single Library Option • Do Nothing Option

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The City Built & Owned Anchor Library • Dover Responsible for 100% of Construction • Dover Owns Anchor Library • Kent County Continues Reciprocal Borrowing Library Tax

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The City Built & Owned Anchor Library • PROS: – No Capital Expense to Kent County – Continuation of County Library – City Retains Control of City Library

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The City Built & Owned Anchor Library • CONS: – Achieving Funding Goal Further Away – Potential of Anchor Library Not Materializing – Possible Fee for Non-City Residents – Continued Duplication of Services – Increased Cost to the City – Citizen Unrest

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The Equal Share Funding Option • Both Contribute $3.7 Million to Capital Cost for Anchor Library • Continue to Operate Two (2) Separate Library Systems • Kent County Continues Reciprocal Borrowing Library Tax • No User Fees for Dover Anchor Library

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The Equal Share Funding Option • PROS: – Capital Funding Goal Attained – County Residents Access Free of Charge – County Maintains County Library Services – Anchor Library Is Built Sooner – Less Capital Cost to the City

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The Equal Share Funding Option • CONS: – Depletes Capital Funding for County – Eliminates Immediate Funding for Smyrna & Harrington Library Construction – D li uplication of Services Continues

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The Consolidation Option • Consolidate Library Services in Anchor Facility • Cease to Operate Separate Facilities • Each Contribute $3.7 Million to Capital Cost • Formation of Library System is Operated by Library District Commission • City of Dover is included in Library Tax • Library Tax used to Operate Library System

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The Consolidation Option • PROS: – Capital Funding Goal Attained – Eliminates Duplication of Efforts p – Reduces Overall Operational Expenses – Increased Reciprocal Borrowing Funds for Smyrna, H i arrington & Milford – Increases Revenue for Capital & Operations Financing

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The Consolidation Option • CONS: – Potential Library Tax Increase – City and County Give Up Direct Control – Ci i tizen Opposition to Closure of Kent County Library – Will Require Amendment to State Law for Commission – Depletes Library Capital Reserve – No Immediate Funding for Smyrna & Harrington Library Construction – Existing Staff Anxiety Over Consolidation – Travel Distance to Library Increases for Some County Residents

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The Branched Consolidation Option • Same Governance Structure as in Consolidation Option • Library Commission Operates Kent County Library as a Branch Library

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The Branched Consolidation Option • PROS: – Creates Single Governance Structure – Eliminates Duplication at Management Tier – Preserves Kent County Library – Satisfies Advocates for Both Libraries – Provides Variety of Facilities and Programs • CONS: – Most Costly Option – Depletes Library Capital Reserve - No Immediate Funding for Smyrna & Harrington Library Construction

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The Dover Single Library Option • Dover Builds Anchor Library • Kent Closes County Library • County Contributes $3.7 Million to Dover • County Continues Reciprocal Borrowing Tax • No User Fee for County Residents • City May Assume Bookmobile

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The Dover Single Library Option • PROS: – Dover Continues to Own and Operate a Library – Eliminates Duplicate Services & Competing Interests – Eliminates County Budget for Library Services – Dover Citizens Do Not Pay Dedicated Library Tax

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The Dover Single Library Option • CONS: – Kent County Library is Eliminated – Citizen Opposition – Negative Social/Political Implications – Only County Residents Pay Library Tax – Eliminates Immediate Funding for Smyrna & Harrington Library Construction – p Operating Cost of Anchor Library Born Solely by Dover – Increased Operating Cost to City for Book Mobile Operation

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The Do Nothing Option • Dover Postpones Anchor Library Indefinitely • Dover Continues to Operate Library at 45 South State Street • County Continues to Operate County Library • Reciprocal Borrowing Library Tax Remains in Effect

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The Do Nothing Option • PROS: – Library Services Remain Status Quo – Capital Reserves for Library Facilities Remain Un-Spent – Avoids Potential Increase in Operational Costs – Avoids Anxiety and Disruption of City and County Work Force

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The Do Nothing Option CONS: – Delivery of High Quality Facility Delayed – Opportunity Costs Will Increase Over Time – Deterioration of Library Services Due to Increased Usage Over Time – Library Services in Central Delaware Remain Below National Standards

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ATTACHMENT #2 PR&CE Committee Meeting of 04/13/2009 Dover/Kent County Regional Library District A Conceptual Framework for a Unified County Library System PR&CE Committee Meeting of 04/13/2009 ATTACHMENT #2

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A Regional Library System z WHO: Kent County & Dover Initially z Expandable to Include Other Municipalities

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Why A Regional System? z Library Services – A Common Goal z Pooling Resources Will Go Farther z Eliminates Duplication of Efforts z Eliminates Unnecessary Competition z High Quality Services & Facilities

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How Would It Work? z Inter-Governmental Agreement z Establishment of Library District z Formation of a Library Commission z Supported by Library Tax

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The Intergovernmental Agreement z Executed by City Council & Levy Court z Forms Dover/Kent County Library System Pursuant to Delaware Code Title 9, Chapter 8

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Purpose z Formation of Regional Library District z Unified Governance Structure

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Vision z A Hierarchy of Library Facilities and Services Evolving Over Time to Meet Changing Needs of Central Delaware

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The Library District z Initial District: z City of Dover z Unincorporated Kent County Except Towns of Smyrna and Harrington, and Milford Library District z Expandable to Include Smyrna and Harrington at Their Decision z To be Known as Library District #1

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The Library District Commission z Seven (7) Member Commission z Three (3) Levy Court Appointees z Three (3) City Council Appointees z One (1) State Librarian Appointee z Expansion Members z Two (2) Smyrna Appointees z Two (2) Harrington Appointees

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The Library District Commission z Officers: z Chairman z Vice Chairman z One (1) Year Terms/No Limitations

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The Library District Commission z Meetings z At least One (1) per Month z All Meetings Open to Public z Minutes to be Prepared & Maintained by Staff

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The Library District Commission z Powers and Duties z Enactment of Management Policies z Appointment of Library Administrator z Adoption of Rules of Procedure z Legislative Affairs z Contracting Authority z Annual Budget & Library Tax Rate

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The Library District Commission z Powers and Duties (continued) z Debt Management z Asset Ownership z Annual Reporting z Annual Financial Audit z Management of Revenue & p g Expenses z Administration of Grants

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The Library Administrator z Powers & Duties: z Manage all Functions of Library System z Hiring of Employees z Enforcing Policies Adopted by Commission z Advisor to Commission on Policy & Management

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Library Commission Employees z Staffing d Adequate to Operate System z Transfer of All Existing City & County Library Employees on Voluntary Basis

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Library Commission Employees z Transferring Employees z Commission’s Classification & Pay System z Re-Position Employees into Positions that Match Most Recent Job duties z Equivalent Salary & Wages to City/County Jobs prior to Transfer

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Library Commission Employees z Probation Period: z 6 Months for New Hires z Transferring Employees are Exempt

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Library Commission Employees z Benefits z New and Transferring Employees shall be offered the same benefits as are provided by the Commission

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Library Commission Employees z Leave z New and Transferring Employees shall receive leave benefits as determined by the Commission z Transferring Employees accrued leave shall be transferred with the employee to the Commission p z The City or County shall pay to stated beneficiaries all unused transferred leave for any Transferred Employee that retires, leaves employment, or dies

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Library Commission Employees z City and County shall retain Personnel Files of Transferred Employees for a period and prescribed by State Law z City and County shall allow Library Administrator access to Personnel Files for Transferred Employees

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Library Commission Employees z Retirement Plans z Transferring Employees vested in City or County retirement plans shall remain in the retirement plans that they are vested in z New Hires and Transferring Employees who are not vested in a retirement plan shall be afforded access to Retirement Plans as may be ff offered by the Commission z Transferring Employees who have at least 50% of time toward vesting in either the City or County retirement plan shall remain a participant in that plan

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Library Commission Policies z Policies to Guide Administration, Management and Governance z Including but not limited to: z Employment Policies p z Procurement Policies z Public Service Policies

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What’s In A Name? z Dover/Kent Regional Library Commission z Central Delaware b a Library o Commission z Kent County Regional Library Commission z Dover Metropolitan Library Commission z Others

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It’s Important Because: z Provides Unified System z More Cost Effective Approach z Higher Quality of Facilities & Services z Creates One Agenda & One Budget z True Partnership

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ATTACHMENT #3 PR&CE Committee Meeting of 04/13/2009 Analyzing the Costs of Consolidation Consolidation: ™ What are the Costs? ™ What are the Savings? PR&CE Committee Meeting of 04/13/2009 ™ Capital Financing through Savings – Is this possible? ATTACHMENT #3

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Source of Annual Revenues Two Existing Libraries, FY08-09 v.7 Government Source Dover Library Kent County Library Dover General Fund 614,000 - Kent County General Fund - 597,200* Kent County Recip. Borrowing Fund 458,000 - State Library Funds 247,000 187,000 Dover Fines, Fees, Membership 55,600 - $1,374,600 $784,200 TOTAL $2,158,800 •Nets out $128,800 indirect costs

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Estimated Annual Operations Cost Dover/Kent Anchor Library Salary 1,150,000 Material 210,000 Utilities 138,000 Other Direct 160,000 Courier 30,000 TOTAL $1,688,000 z Assumes 46,000 square feet, 2 floors, sufficient self-checkout, Wi-Fi and other current library technology. z Utility uses $3.00S.F. based on comparable at $3.27 less 10% for Green Design z Open 71 hours – Monday thru Thursday, 9 AM to 9 PM; Friday and Saturday, 9 AM to 6 PM; Sunday, 1 PM to 6 PM.

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Estimated Annual Savings $2,158,800 (Cost of Two Libraries) -$1,688,000 (Cost of One Anchor) $ 470,800 (Estimated Savings)

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How Much Money Needed To Fund Dover/Kent Anchor Library? $1,688,000 Annual Operating Budget - 434,000(1) State Library Funds - 70,000 Estimate Fines, Fees, Memberships, etc. $1,184,000 Needed in Operating Funds Local Sources (1) z 187,000 Kent County z 247,000 Dover z$434,000

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Dover/Kent County Taxes Current Sources of all Funds by Library Smyrna/ Kent Dover Harrington/ County Total Library Milford Library Libraries Kent County Library Tax - 458,000 186,000 644,000 Kent County (General Fund) 597,200 - - 597,200 Dover (General Fund) - 614,000 , - 614,000 , TOTAL $1,855,200

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HOW DO WE FUND OPERATIONS LOCALLY? Funding p Option A Using the Library Tax & General Funds Assumptions: Library Tax stays at $.037; add Dover to Library Tax Base, Dover and Kent contribute General Fund Revenue to Anchor Kent Dover Smyrna/ Anchor County Harrington/ Milford Library Tax – current .$037 - - $186,000 $458,000 Dover added Library Tax - - - $297,000 Kent General Fund $106,000 $261,060 Dover General Fund $170, 703 $292,000 $1,186,763 $1,478,763

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What does Option A do ? ƒ Library Tax Applied to Dover Properties Yields $297,000 ƒ Raises $1,184,000 locally needed for Anchor ƒ General Fund Contributions Based on Kent Assessment used for Library Tax and includes Smyrna, Harrington & Milford ƒ Net Savings to Kent Tax Payers: $230,140 ($597,200 existing - $367,060 proposed = $230,140 Net Savings) ƒ Net Savings to Dover Tax Payers: $146,297 ($614,000-$297,000(L.T) -$170,703=$146,297) ƒ Dover reduces Property Tax $297,000 to offset new Library Tax

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Operating Funding Option B Using the Library Tax Assumptions: Increase Library Tax 57% ($0.058/$100); add Dover to Library Tax Base, Remove Library Expenses from Kent & Dover General Fund Kent Dover Smyrna/ Anchor County Harrington/ Milford Library Tax (1.57 X Existing) - - $292,000 $719,060 Dover added Library Tax - - - $467,703 ($297,900 x 1.57) $1,186,763 $1 478 ,478,763

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What does Option B do ? ƒ Increased Library Tax (5.8¢/$100) Applied to Dover Properties Yields $467,703 ƒ Raises $1,184,000 locally needed for Anchor ƒ Net Savings to Kent Tax Payers: $230,140 ($597,200 existing - $367,060 proposed = $230,140 Net Savings) ƒ Dover R d educes Expenses & Property Tax - $467,703 ƒ Net Savings to Dover Tax Payers: $146,297 ƒ Increases Smyrna, Harrington and Milford Funding by 57% ƒ Separates Dover and Kent from direct library funding.

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How does Kent County Raise $3.7million without increasing taxes? County savings benefit in both options = $230,000 surplus $230,000 will finance ≈ $ 2.7 million in bonds* + $1.0 million Capital Reserve $3.7million *4.53% Average Coupon Rate, 20 Year Term

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Why is this Good for Kent, Dover, Smyrna, Harrington & Milford? ƒ Anchor Larger than both Libraries (more than double) ƒ Everyone has access to a Modern State of the Art Library ƒ Fair to Smyrna/Harrington/Milford, increases funding 57% ƒ Greater library support from Anchor to Smyrna/Harrington/Milford - Librarian Training - Greater Material & Collection to lend -Co-operative Programming ƒ Efficiency of one Library ƒ NO IMPACT ON TAXES ƒ R d educes overall expenses Version # 7 2/24/09

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ATTACHMENT #4 PR&CE Committee Meeting of 04/13/2009

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ATTACHMENT #5 PR&CE Committee Meeting of 04/13/2009

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ATTACHMENT #6 PR&CE Committee Meeting of 04/13/2009 CHAPTER 114 – VEGETATION, ARTICLE II – WEEDS IN FULL CONTEXT 1 Sec. 114-31. Definitions. 2 The following words, terms and phrases, when used in this article, shall have the meanings ascribed 3 to them in this section, except where the context clearly indicates a different meaning: 4 Weeds means grass, weeds, bushes and any other vegetation, other than trees, ornamental 5 shrubbery, flowers and garden vegetables that are properly tended. 6 (Code 1968, § 30-1; Code 1981, § 21-16) 7 Sec. 114-32. Maximum height. 8 It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent 9 caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful 10 growths, or other noxious matter to grow to a height of eight inches or more. 11 (Code 1968, § 30-4; Ord. of 9-13-1976; Code 1981, § 21-17; Ord. of 8-28-2000) 12 Charter references: Power of council to define nuisances, subpart A, § 18. 13 Sec. 114-33. Failure to maintain proper height; abatement by city; costs and lien. 14 (a) Summons; action by city. In the event that any owner, occupant or tenant of any premises 15 within the city, or any agent caring for or in charge of the premises, shall permit any grass, weeds, 16 underbrush, deleterious or unhealthful growths or other noxious matter to grow to a height of eight 17 inches or more as prohibited by this article, then the health inspector or fire marshal or his 18 authorized agents shall issue a summons showing a violation of section 114-32, said summons to 19 be served personally or by certified mail upon the owner, occupant, or tenant of the premises, or any 20 agent caring for or in charge of the premises. The summons shall cite the violation of this article and 21 shall be accompanied by a letter or a copy of the relevant provisions of this article stating what 22 corrective action must be taken and shall state the consequences for failure to take such corrective 23 action. If the violation is not corrected within three days from the date of personal service of the 24 summons or within seven days from the date of mailing of the summons by certified mail, then the 25 city, at the direction of the health inspector or the fire marshal, may remove the weeds, grass, 26 underbrush, deleterious or other unhealthful growths or other noxious matter growing to a height 27 in excess of eight inches or more in violation of section 114-32 and charge the responsible person 28 $50.00 per hour for such work that must be done to render the property in compliance with this 29 article. When the owner, occupant, or tenant of any premises, or any agent caring for or in charge 30 of the premises, has received summonses and fails to take corrective action, and the city has 31 corrected the violation in accordance with this subsection, then no further notification shall be 32 necessary for the city to take any further corrective action on any subsequent violations within the 33 following 12-month period starting from the date of the first corrective action by the city.

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Proposed Ordinance #2009-08 In Full Context PAGE 2 34 (b) Failure to pay charges. In the event that the owner, occupant, tenant or other agent caring for 35 or in charge of the premises is deemed to be in violation of section 114-32, and in the event that the 36 violation is corrected in compliance with subsection (a) of this section, and if the charges assessed 37 by the city for correcting said deficiency are not paid, then the city, after having corrected the 38 deficiency and violation, shall place its charges and expenses as specified in the municipal lien 39 docket as a lien against said property, and the city solicitor shall be directed to enforce said lien or 40 to collect the charges imposed by the city by any other means that he may deem desirable and most 41 advantageous. 42 (Ord. of 9-13-1976; Code 1981, § 21-18; Ord. of 7-27-1992; Ord. of 8-28-2000) 43 Sec. 114-34. Fines. 44 (a) Generally. Any person convicted of a violation of section 114-32, regardless of corrective 45 actions taken, shall be punished for that violation by a fine of not less than $25.00, nor more 46 than $100.00. Any such fine shall be in addition to any charges or assessments imposed 47 upon the violator pursuant to section 114-33(a). All fines imposed shall be in accordance 48 with the minimum fine schedule set out in subsection (c) herein. 49 (b) Each day. Every day that a violation of section 114-32 continues shall be considered a 50 separate offense, for which the violator may be tried and convicted without necessity of 51 further notice. 52 (c) Minimums. 53 (1) Any fine assessed pursuant to subsection (a) of this section shall be no less than 54 the minimum amount set out in the following schedule: 55 a. First offense . . . $ 25.00 56 b. Second offense . . . 50.00 57 c. Third and subsequent offenses . . . 100.00 58 (2) In determining the applicable minimum fine, an offense shall be considered a 59 recurring offense only if the defendant has previously pleaded, or been found guilty 60 of causing or permitting the same nuisance at the same location within the past 18 61 months, or for every day that the violation of section 114-32 continues as per 62 subsection (b) of this section. 63 (d) Lien. Any fines imposed pursuant to subsection (a) of this section which remain unpaid 64 shall be placed by the city as specified in the municipal lien docket as a lien against the 65 property on which the violation occurred, and the procedures for enforcement or collection 66 of said lien shall be as set out in section 114-33(b). 67 68 (e) When not paid. Fines not paid within 14 days of the day the fine was issued, including 69 the day the fine was issued, shall be automatically doubled in amount. 70 71 (Code 1981, § 21-19; Ord. of 3-23-1992; Ord. of 7-27-1992; Ord. of 9-22-2003)

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Proposed Ordinance #2009-08 In Full Context PAGE 3 72 Sec. 114-35 Exceptions. 73 The following shall be considered exceptions to the eight-inch height maximum: 74 (a) Riparian Areas. Areas within seventy-five feet of the bank of a perennial stream or lake 75 or within 25 feet from the outer edge of a stormwater management pond shall be permitted 76 to include stream bank vegetation, including grasses, shrubs and/or trees. 77 (b) Agricultural Areas. Areas that are actively used for the cultivation of fields, including 78 seasonal cover crops, shall be exempt from this requirement. 79 (c) Approved Natural and/or Meadow Areas. Areas that have been planted as meadow areas 80 or areas that are being allowed revert to natural vegetation, with approval of the city 81 planner and the city manager, shall be permitted in accordance with the approvals granted 82 by these offices.

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CITY OF DOVER PROPOSED ORDINANCE #2009-08 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Chapter 114 – Vegetation, Article II – Weeds, be amended by adding a new Section 114-35 4 – Exceptions, as follows: 5 Sec. 114-35. Exceptions. 6 The following shall be considered exceptions to the eight-inch height maximum: 7 (a) Riparian Areas. Areas within seventy-five feet of the bank of a perennial stream or lake 8 or within 25 feet from the outer edge of a stormwater management pond shall be permitted 9 to include stream bank vegetation, including grasses, shrubs and/or trees. 10 (b) Agricultural Areas. Areas that are actively used for the cultivation of fields, including 11 seasonal cover crops, shall be exempt from this requirement. 12 (c) Approved Natural and/or Meadow Areas. Areas that have been planted as meadow areas 13 or areas that are being allowed revert to natural vegetation, with approval of the city planner 14 and the city manager, shall be permitted in accordance with the approvals granted by these 15 offices. 16 ADOPTED: * 17 SYNOPSIS 18 The proposed ordinance would exempt riparian areas, active agricultural areas, and 19 approved natural and meadow management areas from the eight-inch grass/weed 20 height maximum. This measure would improve water quality in the City by allowing 21 these areas to take up water and filter run-off before it reaches water bodies. 22 Actions History: 23 April 13, 2009 – Introduced at PR&CE Committee

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