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REGULAR COUNCIL MEETING
AGENDA
June 9, 2008 - 7:30 P.M. - Council Chambers - City Hall - City of Dover
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)
INVOCATION BY CHAPLAIN WALLACE DIXON
PLEDGE OF ALLEGIANCE
AGENDA ADDITIONS/DELETIONS
* CONSENT AGENDA
Those items on the Council Agenda which are considered routine and non-controversial shall be marked
with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no
separate discussion of these items unless a member of Council so requests, in which event the matter shall
be removed from the Consent Agenda and considered a separate item.
* 1. Adoption of Minutes - Regular Council Meeting of May 27, 2008
2. Presentation - GFOA Distinguished Budget Award
3. Proclamations
A. Flag Day
B. Race Unity Day
4. Public Hearing - 2008/2009 Electric Revenue Fund Budget
5. Request for Extension of Rezoning Approval - Properties located on South West Street (Capital
Scrap Yard), owned by the Downtown Dover Development Corporation. These properties,
consisting of eight (8) parcels totaling 1.4601+/- acres, were rezoned from C-3 (Service
Commercial) to C-2A (Limited Central Commercial) on July 9, 2007.
6. Public Hearing/Final Reading - Proposed Zoning Text Amendment - Staff Substitute #1 for
Ordinance #2008-25
The First Reading of the following proposed ordinance was accomplished during the Council
Meeting of April 28, 2008. Copies of the proposed ordinances are available at the entrance of
the Council Chambers.
A. APPENDIX B - ZONING, ARTICLE 3 - DISTRICT REGULATIONS,
SECTION 27 - CORRIDOR OVERLAY ZONE 1 (COZ-1), SUBSECTION
27.62 - BUILDING PLACEMENT
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Council Agenda
June 9, 2008 Page 2
7. Utility Committee Report - May 27, 2008
A. 2030 Power Plant Development
(Committee recommended that the City Manager be authorized to execute
the Pace Global Asset Management Generation RFP as presented for an
estimated expense of $160,000)
* B. Final Electric Cost of Service Study by Burns & McDonnell
(Committee recommended acceptance of the rate adjustments as
recommended by Burns & McDonnell)
* C. 2008 Comprehensive Plan Review: Utility Chapter
(Review to be continued)
* D. PACE/NAES Monthly Report (April)
(Committee recommended acceptance of the Report)
* 8. Legislative, Finance, and Administration Committee Report - May 27, 2008
A. Downtown Dover BID - Assessment (Tax) Rate for Fiscal Year 2008-2009
(Committee recommended approval of the Downtown Dover Business
Improvement District (BID) - Assessment (Tax) Rate for FY 2008-2009 and
adoption of the proposed budget ordinance) (See Item #14-B)
B. Criminal Justice Council - Amendment to Title V Grant with Aid in Dover
(Committee recommended approval of the amended grant budget as
requested by Aid in Dover)
C. Donation of $10,000 for Vietnam War Memorial and Discussion of Donation Policy
(Tabled by Committee)
* 9. Special Parks, Recreation, and Community Enhancement Committee Report - May 27, 2008
A. Boys and Girls Club - Status of Proposed Schutte Park Facility Location
(Committee Action not Required)
B. Cost Benefit Analysis - Animal Control Officer
(Committee recommended approval of Staff’s recommendations)
C. 2008 Comprehensive Plan Review
(Deferred by Committee)
10. Evaluation of Bids - Steel Poles for Feeders 3 & 4 - Phase 2
* 11. Appointment Recommended by Council President Kenneth L. Hogan - Kent County Strategic
Fund Development Advisory Committee - Mayor Carleton E. Carey, Sr.
* 12. Appointments Recommended by Mayor Carleton E. Carey, Sr. - Downtown Dover Partnership
* 13. Reappointments - Recommended by Mayor Carleton E. Carey, Sr.
A. Board of Adjustment - Arthur G. Ericson - Three Year Term to Expire July 2011
B. Dover Parking Authority - Ronald G. Poliquin - Five Year Term to Expire July 2013
C. Public Advisory Committee of the Dover-Kent County MPO - William R. Saunders
- Two Year Term to Expire July 2010
D. Ethics Commission - Thomas C. Jackson - Five Year Term to Expire July 31, 2013
E. Historic District Commission - Three Year Terms to Expire July 26, 2011
e-1. C. Terry Jackson, Resident
e-2. James D. McNair, II, Profession
e-3. Joseph McDaniel, Business Representative
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Council Agenda
June 9, 2008 Page 3
14. First Reading - Proposed Ordinances
The First Reading is offered on the following proposed ordinances. Final action by Council will take
place during the Second Reading of the ordinances on June 23, 2008. Copies of all proposed ordinances
are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office.
A. Budget Ordinances - 2007/2008 Revised and 2008/2009 City of Dover Budget
a-1. General Fund - Cash Receipts and Budget
a-2. Governmental Capital Projects Fund - Cash Receipts/ Revenues and Budget
a-3. General Fund Contingency - Cash Receipts/Revenue and Budget
a-4. Municipal Street Aid Fund - Cash Receipts/Revenue and Budget
a-5. Water/Wastewater Fund - Revenue and Budget
a-6. Water/Wastewater Improvement and Extension Fund - Cash Receipts/Revenue and Budget
a-7. Water/Wastewater Capital Asset Reserve Account - Cash Receipts/Revenue and Budget
a-8. Water/Wastewater Contingency Reserve Account - Cash Receipts/Revenue and Budget
a-9. Electric Revenue Fund - Revenue and Budget
a-10. Electric Utility Improvement and Extension Fund - Cash Receipts/Revenue and Budget
a-11. Electric Utility Contingency Reserve Account - Cash Receipts/Revenue and Budget
a-12. Electric Utility Depreciation Reserve Account - Sources and Uses of Funds
a-13. Electric Utility Future Capacity Account - Sources and Uses of Funds
a-14. Electric Utility Insurance Stabilization Account - Sources and Uses of Funds
a-15. Electric Utility Rate Stabilization Account - Sources and Uses of Funds
a-16. Workers Compensation Fund - Cash Receipts/Revenue and Budget
a-17. Community Transportation Improvement Fund - Cash Receipts/Revenue and Budget
a-18. OPEB (Other Post-Retirement Benefits) Reserve Fund - Cash Receipts/Revenues and
Budget
a-19. Parkland/Recreation Reserve Account - Cash Receipts/Revenues and Budget
a-20. Library Reserve Account - Cash Receipts/Revenues and Budget
a-21. Pay for Performance (P.F.P) Calculation Worksheet - Non-Bargaining Employees
B. Downtown Dover Business Improvement District - Cash Receipts/Budget FY 2008-2009
C. Chapter 22 - Buildings and Building Regulations
(Tabled During the Council Meeting of May 27, 2008)
c-1. Article III- Building Code, Section 22-65 - Permit Fees
c-2. Article V - Mechanical Code, Section 22-145 - Heating, Air Conditioning, and Heat
Pump Permit Fees
c-3. Article VI - Plumbing Code, Section 22-185 - Permit Fees
c-4. Article IX Lodging Houses, Section 22-301 - Generally
c-5. Article X Rental Dwellings, Section 22-351. Generally
D. Chapter 26 - Businesses, Article II - Licenses, Section 26-35 - License Required; Fees
(Tabled During the Council Meeting of May 27, 2008)
E. Chapter 46 - Fire Prevention and Protection
(Tabled During the Council Meeting of May 27, 2008)
e-1. Article III - Fire Codes, Section 46-126 - Fire Prevention Permit, New Paragraph (e) -
Final Inspections Fee
e-2. Article IV - Public Occupancies, Section 46-164 - Fees and Section 46-168 -
Reinspection Fee, Paragraph (a) - Amount
F. Chapter 66 - Manufactured Homes and Trailers, Section 66-2 - License
(Tabled During the Council Meeting of May 27, 2008)
G. Appendix A - Subdivisions
(Tabled During the Council Meeting of May 27, 2008)
g-1. Article IV - Subdivision–Procedure
g-1-i. Section A - Preapplication, Paragraph 1
g-1-ii. Section B - Preliminary Layout, Paragraph 2
g-1-iii. Section C - Plat, Paragraph 3
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Council Agenda
June 9, 2008 Page 4
15. First Reading - Proposed Zoning Text Amendment
The First Reading is offered on the following proposed ordinances. Since they are amendments
to the Zoning Code, they are recommended for referral to the Planning Commission on
July 21, 2008, and that a Public Hearing be set for July 28, 2008 at 7:30 p.m. and that the
Second Reading and Final Action by Council take place at that time. Copies of all proposed
ordinances are available at the entrance of the Council Chambers or can be obtained from the
City Clerk’s Office. (Tabled During the Council Meeting of May 27, 2008)
A. Appendix B - Zoning
a-1. Article 3 - District Regulations Section 24 - Planned Neighborhood Design
a-1-i. Subsection 24.2 - Review Process
a-1-ii. Subsection 24.8 - Conditional Use Plan Approval, Subsection 24.81
a-1-iii. Section 24.9 - Site Development Preliminary Subdivision Plan
Review, Subsection 24.91
a-1-iv. Section 24.10 - Final Subdivision Plat Approval, Subsection 24.101
a-2. Article 8 - Enforcement and Penalties, Section 2 - Certificates of Occupancy,
Subsection 2.4
a-3. Article 9 - Board of Adjustment, Section 3 - Procedure, Subsection 3.5
a-4. Article 10 - Planning Commission
a-4-i. Section 1 - Approval of Conditional Uses, Subsection 1.5 -
Application, Paragraph 1.52
a-4-ii. Section 2 - Site Development Plan Approval, Subsection 2.45 -Fees
16. Council Members Announcements
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S:\ClerksOffice\Agendas&Minutes\Council-Agendas\2008\06-09-2008.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.
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REGULAR COUNCIL MEETING
The Regular Council Meeting was held on May 27, 2008 at 7:30 p.m. with Council President Hogan
presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin,
Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Ruane.
Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell,
Mrs. Townshend, Fire Chief Carey, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and
Mayor Carey.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.
Council President Hogan declared the Open Forum in session and reminded those present that
Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Salters moved for approval of the agenda as presented, seconded by Mr. Slavin and
unanimously carried.
Council President Hogan noted that staff has requested that item #8A - Proposed Fee Increases and
New Fees, be removed from the consent agenda.
Mr. Ruane requested that item #11A (a-1), Tax Appeal - Beulah Gray, be removed from the consent
agenda.
Mr. Leary moved for approval of the consent agenda as amended, seconded by Mr. Slavin and
carried by a unanimous roll call vote.
ADOPTION OF MINUTES - COUNCIL WORKSHOP OF MAY 5, 2008
The Minutes of the Council Workshop of May 5, 2008 were unanimously approved by motion
of Mr. Leary, seconded by Mr. Slavin and bore the written approval of Mayor Carey.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 12, 2008
The Minutes of the Regular Council Meeting of May 12, 2008 were unanimously approved by
motion of Mr. Leary, seconded by Mr. Slavin and bore the written approval of Mayor Carey.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 2
CERTIFICATE OF CONGRATULATIONS - CAMPUS COMMUNITY CHORUS
The City Clerk read the following Certificate of Congratulations into the record:
CERTIFICATE OF CONGRATULATIONS
Presented to
Campus Community
High School Choir
Congratulations on being awarded Choral Music Grand
Champions at the Fiestaval Celebration in Music 2008
held in Atlanta, Georgia
May 27, 2008
Mayor Carey presented the Certificate to Ms. Shannon Webb, Music Director, and Mr. Bob Bennett
and Ms. Heidi Greene, Administrators, and members of the Chorus present.
Ms. Webb thanked the Mayor and Members of City Council for the recognition and members of the
community for their support.
CERTIFICATE OF CONGRATULATIONS - DOVER HIGH SCHOOL CHORUS
The City Clerk read the following Certificate of Congratulations into the record:
CERTIFICATE OF CONGRATULATIONS
Presented to
Dover High School Chorus
Congratulations on your outstanding performance
in the New York National Freedom Festival
April 26, 2008
Concert Choir: Gold Rating
Select Ensemble: Gold Rating
Woman's Choir: Silver Rating
Men's Choir: Silver Rating
May 27, 2008
Mayor Carey presented the Certificate to Mr. Nathan L. Bankert, Director of Choral Activities, and
members of the Chorus present.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 3
CERTIFICATE OF APPRECIATION - TAX EXEMPTION REVIEW COMMITTEE
The City Clerk read the following Certificate of Appreciation into the record:
WHEREAS, the Tax Exemption Review Ad-hoc Committee was created by the Mayor and Council
during their Regular Meeting of August 27, 2007; and
WHEREAS, the initial scope of the Committee was to review the fairness and appropriateness of
the current tax exemption ordinance, the standards, and the process to determine if it is responsive
to the needs of the citizens of Dover to provide a recommendation to the Legislative, Finance, and
Administration Committee; and
WHEREAS, members of the Tax Exemption Review Ad-hoc Committee have worked diligently
in researching the issues in order to develop recommendations that are objective and that have been
thoroughly considered; and
WHEREAS, as a result of their efforts, the Tax Exemption Review Ad-hoc Committee submitted
their Final Recommendations to City Council and on April 28, 2008, ordinances reflecting the
Committee's recommendations were adopted, and thus, the Tax Exemption Review Ad-hoc
Committee is hereby dissolved with gratitude to all members for their time and attention to this
matter. It is deemed an honor and privilege to present this
Certificate of Appreciation to
James G. McGiffin, Jr., Chairman Jeffrey Mask
Charles Bradley Joseph McDonough
Barbara C. Ford Richard Snaman
Barry Hawlk Tom Williams
CITY OF DOVER
TAX EXEMPTION REVIEW AD-HOC COMMITTEE
Best Wishes on all Future Endeavors from the City of Dover
May 2008
Mayor Carey presented the Certificates to the members of the committee.
PRESENTATION - BRICK BY BRICK CAMPAIGN
Mr. Ray Book, Past-Chairman of the Greater Dover Foundation, introduced Ms. Lisa Ratliff,
Executive Director of the Greater Dover Foundation and the Greater Dover Committee, and
Mr. Joe McDaniel, Chairman of the Greater Dover Foundation. Ms. Ratliff provided background
information regarding the Greater Dover Foundation and read a statement into the record regarding
the Brick by Brick Campaign, as follows:
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 4
“Good evening and thank you for giving me a few minutes of your time tonight. My name is Lisa
Ratliff and I am the Executive Director of the Greater Dover Committee and the Greater Dover
Foundation. I am here tonight to give thanks to three great Dover organizations that gave their time
and effort to support the Greater Dover Foundation during the recent Brick by Brick Community
Matching Challenge.
Let me begin by giving a little background:
The Greater Dover Foundation as some of you know, is an endowment fund administered by the
Delaware Community Foundation. It was started back in the early 90's by the Greater Dover
Committee with an initial sum of $50,000. Today, the Greater Dover Committee is proud to
announce that the fund has grown to just over $600,000.
Each year, the GDC gives the income that is generated by this fund back to the Dover community in
the form of grants to non-profit organizations and public institutions. As the principle fund grows,
so does the amount of money we have to give away each year. This year the Foundation will donate
$16,000 back to the community. In the future, when the Foundation grows to become the
multi-million dollar Foundation we plan for it to become, we will give 100s of thousands back to the
community each and every year.
Recently, the GDF challenged the community to match a $110,000 principle pool of money that was
created by local businesses and individuals. Our community, without hesitation, rose to this
challenge and met the goal on December 31, 2007. For this reason, it would only be appropriate
for me to begin giving thanks to the community members who helped make this possible through
general donations and the purchases of bricks now placed along Loockerman Street.
In addition to the community members who participated, we are incredibly grateful for three
organizations that helped to make the campaign a success. First, we would like to thank Rick Hill
from Hill Design Group. Rick not only gave his time and expertise to help us market the campaign,
he gave us great advice in the early stages of our campaign as we tried to work out the details of how
the campaign would work. Rick could not be here tonight, but I wanted to express our thanks and
let you and the community know what an asset Rick and his business are to Dover and the
surrounding area.
Secondly, I would like to thank Mr. Dave Tucker and Delaware Brick Company. Delaware Brick was
kind enough to donate the actual bricks for our campaign which helped us to keep costs down. Mr.
Tucker, however, was the individual at Delaware Brick who helped me in particular through the
ordering process…which was a bigger job than I first anticipated. I cannot thank him enough for
making what could have been a very difficult process one that I would describe today as being quite
enjoyable. We are lucky to have Mr. Tucker and Delaware Brick here in our community. They are
doing their part to make Dover a better place.
Finally, we would like to thank the City of Dover. The city helped in a lot of ways during our
campaign. First, they allowed the bricks to be placed along Loockerman Street and supported us
as we began our efforts for this campaign. Tony DePrima and Scott Koenig couldn't have been more
helpful during our organization phases. Secondly, the City donated their services and installed four
different brick orders in the sidewalk throughout the campaign (often in several different locations).
For this I have to thank Ron Swaggard and his crew. They never complained, always greeted me
with a smile and helped to make a somewhat challenging project easy and fun. If you haven't seen
the work Ron and his crew did you have to take a walk down Loockerman Street. The bricks look
great and we have the City and Delaware Brick to thank for this.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 5
We could not have been successful with this campaign if it were not the organizations I just
mentioned. Tonight, we would like to present a small token of our appreciation and place Thank You
Bricks for each organization along Loockerman Street. I have a brick here for Hill Design Group
which I will present to Mr. Hill when he returns from being out of town….One for Delaware Brick
which I would like to present to Mr. Tucker and one for the City of Dover that I would like to present
to Mayor Carey, Scott Koenig, and Ron Swaggard.
In closing I would like to say that the Greater Dover Committee's goal is to help endow Dover's
future with a Foundation that really makes a difference and helps to improve the quality of life for
residents in the greater Dover area. This campaign has shown me that together, we really are
stronger than when we stand alone. Thank you for your support, kindness and generosity.”
PRESENTATION - RECOGNITION OF SERVICE - PAUL LAKEMAN - SAFETY
ADVISORY AND TRANSPORTATION COMMITTEE (MAY 2004-MAY 2008)
Mayor Carey presented a Dover Cup to Mr. Paul Lakeman in appreciation of his service as a
member of the Safety Advisory and Transportation Committee, having served from May 2004
through May 2008.
PROPOSED RESOLUTION - GORDON MASSEY, JR.
The City Clerk, Mrs. McDowell, read a proposed Resolution acknowledging the recent death of
Mr. Gordon Massey, Jr.
By motion of Mr. Slavin, seconded by Mrs. Williams, Council, by a unanimous roll call vote,
adopted the following Resolution:
COUNCIL RESOLUTION NO. 2008-10
WHEREAS, the Silver Lake Commission members have been greatly saddened by the death of their
fellow Commission Member, Gordon Massey, Jr., who passed away on January 1, 2008; and
WHEREAS, Gordon Massey, Jr. was appointed into office as a Commission member representing
the citizens of Dover on May 28, 2002, a position in which he served with distinction for more than
5 years; and
WHEREAS, during his term as a Commission member, Gordon Massey, Jr. served the Commission
by unmatched outreach and dedicating much of his time to the restoration and revitalization of Silver
Lake in Dover and has demonstrated, in many practical ways, his deep and genuine belief in Silver
Lake as an asset for the City of Dover; and
WHEREAS, although Gordon Massey, Jr. will be respectfully remembered as having served the
community in numerous capacities, he was particularly devoted to Silver Lake, the Silver Lake
Commission adopted a Resolution on May 27, 2008 in dedication of his tireless efforts; and
WHEREAS, Gordon Massey, Jr. was very gracious and humble in serving as a member of the Silver
Lake Commission; earning the respect, admiration, and high regard of all with whom he came into
contact; and
WHEREAS, our community has sustained a great loss in the death of Gordon Massey, Jr..
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 6
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
1. The Mayor and Council express their regret for the loss of Gordon Massey, Jr. and extend
their deepest sympathy to the members of his family and hope that they will be consoled by the
memories of his fine life and achievements.
2. The Mayor and Council direct the City Clerk to place this Resolution in the permanent
records of the City of Dover in recognition of the many contributions graciously given to the
community by Gordon Massey, Jr.
ADOPTED: MAY 27, 2008
Mayor Carey presented the Resolution and a Dover Cup to Mrs. Massey. On behalf of the members
of the Silver Lake Commission, Mr. David Edgell, Chairman, extended deepest sympathy for the
loss of Mr. Massey.
PLANNING AND INSPECTIONS - PRESENTATION OF ANNUAL REPORT
The Planning and Inspections Department submitted their Annual Report to City Council during
their Regular Meeting of March 10, 2008. Mrs. Townshend provided a Power Point Presentation
(Exhibit #1) depicting highlights of the report.
PUBLIC HEARING/FINAL READING - REZONING AND PROPOSED
COMPREHENSIVE PLAN AMENDMENT - LAND DEVELOPMENT PLAN
AMENDMENT TO THE COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN
MAY 2005, SEPTEMBER 2006, MARCH 2007, AND MARCH 2008
A public hearing was duly advertised for this time and place to consider approval of a proposed
zoning text amendment to the Comprehensive Plan Update 2003, as amended in May 2005,
September 2006, March 2007, and March 2008 by amending Land Development Map 11-1 and
amending the Zoning Ordinance and Zoning Map of the City of Dover by changing the Land Use
Classification from Industrial to Residential High Density and changing the Zoning Designation
from IPM (Industrial Park Manufacturing) to RG-2 (General Residence) on a 13.967+/- acre portion
of a 22.967+/- parcel located on the north side of Commerce Way, owned by H&M Properties, LLC.
Mr. Salters moved that the Final Reading of the proposed zoning text amendment be
acknowledged by title only, seconded by Mr. McGiffin and unanimously carried. (The First
Reading of this ordinance was accomplished during the Council Meeting of February 25, 2008).
Planner's Review
Mrs. Townshend, City Planner, reviewed the petition to amend the Land Development Plan Map
of the Comprehensive Plan and the findings and recommendation of the Planning Commission
(Exhibit #2). She explained that the application is to amend the Land Development Plan map of the
Comprehensive Plan and the zoning of the subject parcel. The amendment is being requested by
H&M Properties, LLC. The subject parcel is currently zoned IPM and is part of the Enterprise
Business Park. It is also adjacent to the Woodmill Apartments. She stated that the subject parcel
is depicted on the Land Development Plan map as Industrial and Public Utilities. The applicant is
requesting a zoning classification of RG-2, with the intent to construct garden apartment buildings
on the site. Mrs. Townshend explained that the requested plan amendment would change the land
use category from Industrial and Public Utilities to High Density Residential.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 7
Mrs. Townshend noted the receipt of correspondence from Mr. E. Stuart Outten, President of Capital
Uniform and Linen Service, which was submitted to the Planning Commission. She also noted
receipt of a letter received from the State Planning Coordination Office which indicated opposition
to the proposed change from Industrial to High Density Residential.
Mrs. Townshend advised members that the Planning Commission recommended approval of the
application. However, she noted that one (1) member voted in opposition and requested that
members of City Council be provided his explanation, as follows: “Mr. von Reider stated that he
feels that it is a loss of a single tract of land developable for business or other purposes. He feels
that it is encroaching residential onto existing industrial property which is already there, exists, and
is
operational. He certainly hopes that residents of this community do not call the City complaining
of noise.”
Correspondence
Mrs. Townshend noted correspondence received from Ms. Keira Potter and the Central Delaware
Economic Development Council in opposition to the Rezoning/Comprehensive Plan Amendment
(as on file in the Office of the City Clerk).
Council President Hogan declared the public hearing open.
Mr. Jim McGinnis, Realtor representing the applicants, introduced Ms. Laura Swiski, engineer for
the project. He advised members that the parcel of land has not been used for 30 years and a vacant
parcel and warehouses are adjacent to the property. He noted that the project includes apartments,
attached to the Woodmill Apartments, which will solve some of the affordable housing issues.
Responding to Mr. Ruane, Mr. McGinnis stated that the current rental fees for Woodmill
Apartments range from $700 to $1,000. He stated that the proposed apartments are already 97%
filled, explaining that there is a need for more housing in the Dover area.
Referring to concern relayed regarding the wooded portion of the parcel (north side adjacent to City
drainage easement area), Ms. Swiski advised members that it is the intent of the developer to leave
that portion of the property, which serves as a natural buffer, intact.
Mr. Jack Melvin, adjacent property owner - Landlord to Stock Building Supply, advised members
that since 1992, to his knowledge, there has never been a complaint from any of the adjacent
residents nor has there been any complaints against adjacent residents. He relayed no objections to
the proposed project.
Ms. Carol White, 1254 S. Farmview Drive, advised members that the Woodmill development is one
of the on-ground drainage experiments, explaining that between approximately every sixth house,
there is a culvert (to carry water from the houses back to the drain ditch). She noted that these
culverts also carry foot traffic and that there currently is limited foot traffic in this area. She stated
her hope that if the housing is increased, there will be some kind of barrier or fence erected to keep
these culverts from becoming foot, bicycle, and motorcycle paths. Ms. White also relayed concern
regarding additional traffic on Woodmill and Independence Drives. Although she felt that these
issues would not be of concern if the current zoning was maintained; however, if Council approves
the proposed amendments, she requested that consideration be given to protect the residents of the
Farmview Drive area.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 8
Ms. Keira Potter, 1168 S. Farmview Drive, relayed opposition to the rezoning from an Industrial
zone to a residential zone. In response to Mr. McGinnis’ comments regarding the availability of
affordable housing, she stated that Woodmill Apartments is owned by Vintage Apartments, which
is a market property industry; therefore, it does not consist of affordable housing or accept
individuals with low income levels. She clarified that the rent for the apartments begin in the $800’s
for one (1) bedroom up to almost $1,100. Ms. Potter advised members that she purchased her home
three (3) years ago and if she would have been aware that there was a possibility of additional
apartments in the area, she would have either remained as a resident of an apartment or would have
searched for housing elsewhere. She indicated that the vacant warehouse located directly behind
her property currently serves as a buffer. If the City approves the request, she suggested that the
developers be required to install some type of fencing. Being in total opposition, she urged members
of Council to consider the ramifications before approving the request.
There being no one else wishing to speak, Council President Hogan declared the hearing closed.
Responding to Mr. Ruane, Mrs. Townshend advised members that the rental fees for Woodmill
Apartments range from $809 (1 bedroom) to $1,099 (3 bedrooms).
Mr. Ruane moved that the ordinance to amend the Comprehensive Plan and rezoning be denied,
seconded by Mrs. Williams. The motion failed by a vote of six (6) no and three (3) yes
(Mr. McGlumphy, Mrs. Williams, and Mr. Ruane).
Mr. McGlumphy explained that his opposition to the Planning Commission’s recommendation for
approval is due to concerns regarding economic development. He felt that high density housing
creates additional problems and noted that there was no input provided by the Chief of Police. He
also relayed concern regarding the testimony provided by adjacent property owners and stated that
he has not obtained any information that would indicate that those problems would be mitigated.
For these reasons, he voted in favor of denying the proposed amendments.
Mrs. Williams explained that her support to deny is based on concurring with those comments
provided by PLUS and concerns regarding the intended use of the property.
Mr. Ruane explained his reasons for voting in favor to deny the proposed amendments are for those
as previously stated as well as the concerns indicated by the PLUS, which supports staff’s
recommendation for denial. He also noted that there is a need for property zoned industrial and that
changing the zoning classification would create an incompatible use in the area.
Mr. McGiffin moved for the adoption of the Rezoning and Comprehensive Plan Amendment
as recommended by the Planning Commission, seconded by Mr. Leary and by a roll call vote
of six (6) yes and three (3) no (Mr. McGlumphy, Mrs. Williams, and Mr. Ruane), Council
adopted the following ordinance:
ORDINANCE #2008-08
AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE,
2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, MARCH 2007, AND MARCH 2008
BY AMENDING LAND DEVELOPMENT MAP 11-1 AND AMENDING THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING
DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE OF COMMERCE WAY
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 9
WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies
within the City of Dover and has enacted a zoning ordinance regulating the use of property within
the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the land use
classification of property described below from Industrial to Residential High Density and to change
the zoning designation from IPM (Industrial Park Manufacturing) to RG-2 (General Residence).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
DOVER, IN COUNCIL MET:
1. That from and after the passage and approval of this ordinance the
Comprehensive Plan Update, 2003, as Amended in May 2005, September
2006, March 2007, and March 2008 and the Zoning Map and Zoning
Ordinance of the City of Dover have been amended by changing the land use
classification from Industrial to Residential High Density and the zoning
designation from IPM to RG-2 on a 13.967+/- acre portion of the Lands of H
& M Properties, LLC, located on the north side of Commerce Way, with the
total parcel consisting of 22.967+/- acres.
ADOPTED: MAY 27, 2008
SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
MAY 5, 2008
A Special Legislative, Finance, and Administration Committee Meeting was held on May 5, 2008
with Chairman Slavin presiding.
Proposed Fee Increases and New Fees
During their meeting of March 10, 2008, members reviewed a presentation of proposed fee increases
and new fees. In accordance with the Revenue Manual, members were reminded that staff is
directed to review fees; however, it was noted that the review does not necessarily equate to an
increase. Staff advised members that as a result of meetings with the business community, the
proposed fees have been decreased from staff’s initial presentation. Members were also provided
ordinance amendments representing the proposed new fees and increases for consideration. After
public testimony and much discussion, members tabled the matter.
Mr. DePrima reviewed an updated presentation which provided a general overview of the proposed
fee increases and new fees. Members were also provided draft ordinances related to the proposed
fee increases and new fees. Based on the comments made by the business community at the last
meeting, he stated that the final fire inspection fee has been eliminated.
In response to Mr. McGlumphy, Mr. DePrima estimated that the proposed fee increases and new
fees will generate $300,000. He stated that the fees will cover approximately 60% of the planning
and inspection costs; however, in previous years, these fees would cover approximately 80%-90%
of the costs.
Mr. DePrima advised members that the Revenue Manual currently suggests a review every three (3)
to five (5) years. Staff recommended that the Revenue Manual be amended to require the review
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 10
of business license fees every five (5) years, rental license fees every four (4) years, and construction
and planning permit fees every three (3) years.
Members suggested that staff review the possibility of including an automatic escalator clause,
feeling that those subjected to the fees could plan accordingly.
Staff recommended approval of the new fees and fee increases and adoption of applicable ordinance
amendments.
Mr. DePrima explained that action regarding this matter is required to provide guidance to staff in
the preparation of the budget; therefore, he requested that the committee forward this matter to
Council for action.
The committee forwarded this matter to Council without a recommendation.
Mr. Slavin noted that the committee felt that consideration of this matter should occur during the
fiscal year 2009 Budget deliberations, which members of Council are currently conducting.
No further action was taken by Council. It was noted that the First Reading of the proposed
ordinances is scheduled to occur during the latter part of the meeting.
Review of 2005 Charter Review Committee Recommendations - Article II (Continued)
During their meeting of September 10, 2007, members approved the schedule to complete a
comprehensive review of the 2005 Charter Review Committee Recommendations, including public
hearings in each election district, over the next six (6) months. Members began their review during
their meeting on October 8, 2007.
During their meeting of March 3, 2008, Mr. Slavin noted that members would continue their review
of the 2005 Charter Review Committee Recommendation at “Section 9 - Meetings of Mayor and
Council-Generally (Section 2.11 - Procedure, Model City Charter)”. As scheduled, members
continued consideration of the recommendations to the Dover Charter, as follows:
Language Requested by Committee Related to Section 13 - Filling Vacancies for Council or Mayor
During the committee meeting of March 3, 2008, members reviewed Section 13 - Filling Vacancies
for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies,
Subsection (c) - Filling of Vacancies, Model City Charter). Upon review, members suggested
developing language that would authorize City Council, if reduced to less than five (5) members
(majority), to appoint additional members, by majority action, to raise the number of members to
seven (7). Staff provided members with sample language for their review.
Mrs. McDowell, City Clerk, advised members that upon Council approval, this request would be
forwarded to the local legislators to be submitted to the General Assembly, explaining that
amendments to the City Charter require the approval of the General Assembly.
Mr. Slavin suggested that members defer action regarding this matter to provide members the
opportunity for further review.
Section 9 - Meetings of Mayor and Council-Generally (Section 2.11 - Procedure, Subsection (a) -
Meetings, Model City Charter)
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 11
There being no comments of members regarding Section 9 - Meetings of Mayor and Council-
Generally, Mr. Slavin stated that the record would indicate concurrence with the wording provided
in the current City Charter.
Section 10 - Meetings of Mayor and Council-Procedures (Section 2.11 - Procedure, Subsections (b)
- Rules and Journal, and (c) - Voting, Model City Charter)
The committee recommended maintaining the language in Section 10 - Meetings of Mayor and
Council-Procedures, of the current City Charter, including the amendment to strike the word “may”
and insert in lieu thereof “shall”.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote.
Mr. Ruane relayed concern regarding the requirement for the Mayor’s written approval as indicated
in the second paragraph of Section 10. He advised members of research conducted and requested
the opportunity to submit the information for further consideration. Responding, Mr. Slavin
suggested that the information be provided in the next packet and that Mr. Ruane be considered first
on the agenda to address this issue during their next review.
Section 2.12 - Action Requiring an Ordinance, Model City Charter
The committee recommended including the language in Section 2.12 - Action Requiring an
Ordinance, as stated in the Model City Charter.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote.
Mr. Ruane noted the reference to “initiative power” in item #10 of Section 2.12. Mr. Slavin
explained that once the committee’s recommendations have been completed, he anticipates the
requirement for an additional review of the amendments. At the request of Mr. Ruane, Mr. Slavin
indicated that this matter will be further reviewed at the conclusion of the committee’s
recommendations of the 2005 Charter Review Committee Recommendations.
Section 2.15 - Codes of Technical Regulations, Model City Charter
The committee recommended including the language in Section 2.15 - Codes of Technical
Regulations, with the amendments to Subsections (1) and (2) as submitted, as stated in the Model
City Charter.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote.
Article III - City Manager
Due to time constraints, Mr. Slavin stated that members will continue their review of the 2005
Charter Review Committee Recommendation at “Article III - City Manager” during their next
meeting.
Mr. Slavin moved for acceptance of the Special Legislative, Finance, and Administration
Committee Report, seconded by Mr. McGlumphy and unanimously carried.
UTILITY COMMITTEE REPORT - MAY 12, 2008
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 12
The Utility Committee met on May 12, 2008 with Chairman Ruane presiding.
PACE Wholesale Power Supply Review
During their review of the January 2008 PACE/NAES Monthly Reports at their meeting of
March 24, 2008, staff was requested to provide a summary of major issues, both positive and
negative, involving the electric utilities during the next committee meeting.
Mr. Francis Hotsell, PACE Global Asset Management, reviewed a presentation of the Dover
Wholesale Power Supply Budget. He noted that for the 2008/2009 Budget, power supply costs
increased 5.4% over last year's budget. This increase was primarily caused by extraordinary
increases in wholesale energy prices and an increase in the net cost of capacity. He advised
members that Dover is located in a high-priced capacity constrained region, which has exacerbated
the general increases in energy costs. In addition, the landscape for environmental regulations is not
only adding costs but also creating uncertainty, thereby limiting new generation. By pro-actively
managing these challenges, Mr. Hotsell stated that the City of Dover has contained the cost increases
to its ratepayers, explaining that without risk management, customers would be experiencing a 13%
increase in power supply costs (budgeted market prices); however, risk management contained the
cost increase to 5.4%.
Mr. Ruane thanked Mr. Hotsell for a very thorough presentation and relayed appreciation for the
partnership.
Mr. Lunt, Public Utilities Director, provided members of City Council a presentation of the Dover
Wholesale Power Supply Budget (Exhibit #3).
Electric Cost of Service Study by Burns & McDonnell
Mr. Ted Kelley, Principle with Burns & McDonnell, reminded members that the City recently
authorized Burns & McDonnell to conduct an update to the Electric Cost of Service Study for the
City of Dover. Therefore, he advised members that the information being provided is preliminary.
Mr. Kelley reviewed a presentation of the Electric Cost of Service Study and Rate Adjustment
Considerations, explaining the need for adjustments, net margins, cost of service considerations, and
potential rate adjustments. He noted that the rate design analysis indicates the need for a seven
percent (7%) rate adjustment on July 1, 2008, explaining that the rate adjustments by class may vary
depending on the cost of service results.
Referring to the Financial Forecast, Mrs. Mitchell, Controller/Treasurer, stated that the negative net
margin in FY2008 is attributed to the College Road Substation. She explained that prior to the
construction of the Cartanza Substation, the College Road Substation was the City’s tie to
Connectiv. Since the College Road Substation is no longer used as a tie station, it is no longer a
transmission substation. She advised members that the Electric Department is in the process of
dismantling it and converting it to a distribution substation. Mrs. Mitchell stated that the
transmission substation was not fully depreciation, which contributed to the $1.5M that is being
written-off for the College Road Substation.
Mr. Ruane reiterated that the percentage increase for each class is not known at this time and that
this information will be made available on May 27, 2008. In preparing for this meeting, Mr. Ruane
requested that staff provide a breakdown depicting the average household and average customer, by
class, using 1,000 kwh, which will indicate how competitive the City is with other buyers.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 13
Rate Stabilization Reserve Funding
Mrs. Mitchell, Controller/Treasurer, reviewed a presentation of the Rate Stabilization Reserve
Funding. She advised members that the City currently has a set of Financial Policies which includes
the Rate Stabilization Reserve. She reminded members that the City used the reserve ($5M of the
Stabilization Reserve Fund) to help manage the budget (included as revenue) the first year the City
came off of the Duke Contract to help off-set the cost of power supply. Mrs. Mitchell advised
members that Moody’s had an issue with the manner in which this transfer was handled by the City
because the money in the reserve came from actual revenue that the City received from either the
Duke rebate, interest earnings, etc. By recording the funds originally received as revenue and again
as a transfer to manage the budget, she stated that Moody’s considered this as double counting
revenue.
To resolve this issue, Mrs. Mitchell suggested changing from using revenue sources for managing
the Rate Stabilization Reserve. She explained that the proposed amendment to the policy protects
the customer from rate increases attributed to supply and generation cost fluctuations driven by
market conditions, thus allowing the customer to better budget their energy bills. She stated that the
proposed method of funding the Rate Stabilization Reserve will have no adverse impact on the
operating budget. This method of managing the power supply cost is a more appropriate procedure
and preferred by outside creditors and the rating agencies.
Responding to Mr. Ruane, Mrs. Mitchell stated that the Financial Policies are reviewed by the
Legislative, Finance, and Administration Committee and that she will be forwarding recommended
policy amendments to that committee. She felt that it would be beneficial if members accepted the
concept of the amendment for the Rate Stabilization Reserve.
Referring to the wording in the proposed policy, Mr. McGiffin suggested that, for clarification, staff
re-word the sentences to eliminate the use of “less/more” and “to/from”.
The committee recommended acceptance of the amendments for the Rate Stabilization Reserve for
consideration by the Legislative, Finance, and Administration Committee for review of the Financial
Policies.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote.
Amendment to Regulation 1146 Agreement
Members were provided a letter dated May 5, 2008, written to the State of Delaware Department
of Natural Resources (DNREC), Air and Waste Management advising them of the City’s withdrawal
of the Regulation 1146 Compliance Plan for the McKee Run Generating Station Unit 3.
Mr. Vince Scire, Plant Manager at McKee Run, provided an update on the Regulation 1146
Agreement, reminding members that the regulations apply to coal and residual oil fired units, which
would include McKee Run Generating Station Unit 3. Since the submission of the Regulation 1146
Compliance Plan to DNREC, the City has determined that the technology chosen would not provide
the expected NOx reductions needed to comply with the Regulations. As a result, Mr. Scire advised
members that the City reviewed the operational and financial implications of this finding and have
determined that the appropriate action is to withdraw the City of Dover Regulation 1146 Compliance
Plan and make the McKee Run Unit 3 exempt from complying with Regulation 1146 by converting
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 14
Unit 3 from firing residual oil and natural gas to firing distillate oil and natural gas effective
January 1, 2009.
Responding to Mr. Ruane, Mr. DePrima stated that although a written response has not been
received, he explained that the letter from the City is the result of several meetings with DNREC
and assured members that there was an understanding of the City’s intentions in this regard.
Mr. Scire also advised members that although the engineering design has not been completed, it is
anticipated that there will be a significant decrease in the cost of the alternative plan over the
original compliance plan. As requested by Mr. Ruane, Mr. DePrima assured members that staff
would be kept abreast of this matter. He noted that information is also included in the monthly
report received from PACE.
Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and
unanimously carried.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -
MAY 13, 2008
The Parks, Recreation, and Community Enhancement Committee met on May 13, 2008 with
Chairwoman Russell presiding.
Proposed Zoning Text Amendment - Appendix B - Zoning, Article 3 - District Regulations,
Section 27 - Corridor Overlay Zone 1 (COZ-1), Subsection 27.62 - Building Placement
During their Regular Meeting of April 28, 2008, City Council conducted a First Reading and
referred a proposed zoning text amendment to Subsection 27.62 - Building Placement of Appendix
B - Zoning, Article 3 - District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1), of the
Dover Code.
Mrs. Melson-Williams, City Planner, advised members that an amendment to the Zoning Ordinance,
by adding a new Subsection 27.62(a), was requested by Mr. Constantine Malmberg. She explained
that the proposed amendment would relieve applicants from any potential hardship imposed by the
location of a corner lot with frontages on two (2) corridors subject to the COZ. Specifically, it limits
the applicability of the parking location and setback requirements set forth in the COZ to only one
(1) corridor.
Responding to Mrs. Russell, Mrs. Townshend, Director of Planning and Inspections, advised
members that Mr. Malmberg represents the owners of the property located on the southeast corner
of the intersection of Route 8 and Saulsbury Road (old Exxon Station). During the layout of the site,
it was discovered that applying the COZ to both frontages created challenges. Mrs. Townshend
advised members that the COZ requires the primary entrance to face the corridor and explained that
this requirement, along with the setback requirements of a minimum of 20’ and maximum of 30’
would require a building to be located in close proximity to the streets, which would prevent them
from providing a practicable location for parking. She advised members that staff agrees that corner
properties with both frontages subject to the requirements of the COZ may experience a hardship
in meeting the parking location and setback requirements of the COZ; therefore, staff supports the
text amendment in concept. However, staff recommended that the proposed text amendment be
located within a new Subsection 27.7. In addition, staff has recommended alternative language to
accomplish the same results. Members were provided staff’s proposal in addition to the applicant’s
version of the proposed amendment.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 15
In response to Mr. Ruane, Mrs. Townshend advised members that there is only one intersection
where both corridors are subject to the COZ, which is the intersection of Route 8 and Saulsbury
Road.
Staff recommended approval of the Substitute Ordinance #2008-25, amending Appendix B - Zoning
Ordinance, Article 3 - District Regulations, Section 27 Corridor Overlay Zone 1 (COZ-1) by adding
a new Subsection 27.7.
The committee recommended adoption of the Substitute Ordinance #2008-25, with the
understanding that staff and the Planning Commission will adhere strictly to the requirements that
are contained elsewhere in the amended section related to what constitutes superior design.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote. (The First Reading of the
Ordinance took place during the Council Meeting of April 28, 2008 and a Public Hearing has been
scheduled for June 9, 2008 at 7:30 p.m.)
Update - Skate Park Committee
Mr. Carter, Parks and Recreation Director, reminded members that staff was recently requested to
provide the committee with monthly updates of the Skate Park Committee. He indicated that the
committee has been formed and have met twice. He introduced Mr. Dean Holden, Chairman of the
Skate Park Committee.
Mr. Holden advised members that the committee has begun initial discussions regarding the type
of skate park, design, size, parking, location, legal issues, public support, etc. He stated that
discussions have been held with Mr. Hugg, Town of Smyrna, regarding their experience in the
development of a skate park. He advised members that a comprehensive report will be presented
to the City for their review and consideration in support of a skate park.
Mr. Ruane reminded members that in their support of a skate park, Council was specific regarding
the requirement of a parent organization (citizen’s group) that will continue beyond the planning of
the park and be responsible for establishing the rules and assuring that the rules are followed by the
users. He noted that any petition should include an actual mailing address (street and city).
Update - Planning and Funding for New Library
Mr. Carter, Parks and Recreation Director, provided an update on the planning and funding for the
new library. He introduced Ms. Joan Stover, Acting Library Director.
Update - Puncheon Run Watershed Action Team Update
Mr. Koenig, Public Services Director, indicated that the Puncheon Run Watershed Action Team met
and that the consultant has finalized the report, which will be forwarded to members this week. He
anticipates that the Action Team will be meeting again to discuss the finalized report prior to
July 1, 2008. Mr. Koenig noted that there are several recommendations included in the report for
consideration.
Update - CDBG Program
Members were provided the status report on the FY 2007 Program Funds Spent for the CDBG
Program. Mrs. Townshend, Director of Planning and Inspections, advised members that during their
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 16
Annual Meeting of May 12, 2008, City Council approved the 2008 CDBG Action Plan and
Resolution.
Members requested clarification regarding the project details (furnishings) for Connections
Community Support as well as further details regarding the unencumbered balances.
Update - Schutte Park Space - Boys and Girls Club/CDSA
There was no information to report on the Schutte Park Space for the Boys and Girls Club/CDSA.
State Eminent Domain Proposed Legislation
Mr. DePrima, City Manager, advised members that there are three (3) Bills in the legislature that
call for changes in the way eminent domain is exercised. He explained that eminent domain is the
right of the government to take property for public purposes, and requires the property owner to be
fairly compensated. A recent U.S. Supreme Court decision that allows eminent domain to be used
for “economic development” has caused many State established laws to prevent the practice.
Members were provided information regarding the Bills: SB194, HB289, and SB245.
It was Mr. DePrima’s opinion that such legislation is not necessary, and indicated his understanding
that some of the legislation is in response to an eminent domain action by the City of Wilmington.
Of the three Bills, he stated that HB289 seems to be reasonable and does not infringe on the City’s
right to eradicate public nuisances or re-develop blighted areas. He advised members that SB245
has more restrictive language regarding economic development in Section (a), but does allow
eminent domain for removing blight and slum areas, structures beyond repair, and abandoned
property. He noted that SB194 is vaguely written and that the lobbyists for the League of Local
Governments has indicated that its “vagueness” would not meet a court test.
Mr. Ruane indicated that SB245 is a substitute Bill for SB194 and HB289 and explained that the
provisions of SB194 and HB289 have been inserted into SB245. He provided members with a copy
of a letter received from the City of Wilmington, indicating their opposition. He referred to a
Resolution recently adopted (April 14, 2008) that is germane to this issue since it, in effect,
designates the City as being responsible for slum and blight area clearance and encourages
redevelopment in these areas. He advised members that SB245 could jeopardize these efforts.
The committee recommended that the Mayor, City Manager, and other appropriate parties be
authorized to speak at the various hearings in opposition of this legislation.
Mr. Slavin relayed his concern, feeling that the City may be overacting. He noted that the City very
rarely has exercised the right of eminent domain, nor is there an indication of a need to do so in the
near future. He suggested that the City support the League of Local Government in their opposition;
however, it was his opinion that the City should not take an active role lobbying for or against any
legislation that does not pertain to City business.
As a member of the Legislative Committee for the League of Local Governments, Mr. Ruane
expressed the importance of the Mayor, City Manager, and members of Council speaking before the
legislators regarding these issues. He explained that when municipalities do not take this type of
action, there is an assumption made by the General Assembly that such legislation does not affect
municipalities. Although the League will address the General Assembly, he stated that they request
that representatives of municipalities also do so, as well as contact their legislators. Otherwise,
Mr. Ruane suggested that by being silent, it would indicate consent.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 17
Mrs. Russell moved to approve the committee’s recommendation that the Mayor, City
Manager, and other appropriate parties be authorized to speak at the various hearings in
opposition of this legislation, SB245. The motion was seconded by Mr. Ruane and carried with
Mr. Slavin and Mrs. Williams voting no.
Comprehensive Plan Amendment Review
Mrs. Townshend, Director of Planning and Inspections, reviewed the update on the Comprehensive
Plan Amendment. She noted that, based on input received during the workshops and directly from
the various agencies, staff has begun to draft updated goals. In reviewing the information provided,
she requested that members indicate whether the major topics have been addressed and, regarding
the goals (Chapter 1) and recommendations, if staff is on the “right track”.
Noting that the information was not included in the packet, Mr. Lewis indicated his inability to
comment since he has not had adequate time to review the material provided. In addition, he
reminded staff that members had previously requested that staff include page numbering when the
documents were submitted to the committee.
Mr. Ruane suggested that staff provide some type of indication regarding new information to help
differentiate it from information currently included in the Plan. He felt that inter-connectivity issues
should be considered when there is linkage between chapters and suggested that each should
reference the other. He also suggested that there be a recognition of the role that other service
providers are playing in the specified areas (i.e. healthcare should recognize Bayhealth). Mr. Ruane
stated that the 2030 Plan needs to be included and that other groups that have or are working on
plans, should provide their text (at least summaries) to also be included.
In response to Mr. Tenusak, Mrs. Townshend stated that additional workshops will be held during
the second and third weeks of June. She suggested that comments should be submitted directly to
staff for inclusion in the Plan.
Referring to the goals, Mr. Ruane suggested that stormwater utility should be included as a goal.
He noted that homeland security is not mentioned, public safety includes environmental issues, and
he suggested that there be reference to the chemical cars sitting in or passing through the City,
noting that new regulations have recently been issued. Responding to Mrs. Townshend, Mr. Ruane
stated that he would provide additional suggestions directly to staff for inclusion.
Mr. Leary moved for acceptance of the Parks, Recreation, and Community Enhancement
Committee Report, seconded by Mr. McGiffin and unanimously carried.
TAX APPEALS COMMITTEE REPORT - MAY 14, 2008
The Tax Appeals Committee met on May 14, 2008 with Chairman Ruane presiding.
Appeal - Beulah Gray Appeal # 2008-011
Location: 722 Forest Street (ED05-076.12-01-24.00). Appealed Value - $105,700; Requested
Value - $102,000; Recommended Value - $105,700.
Staff recommended that the 2008 Appeal be denied.
Background and Analysis
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 18
Ms. Gray had demolished a portion of her home in 2005. At the same time, she applied for a permit
to construct an addition (384 square feet) in the amount of $25,000; and applied for a permit in 2006
to construct a screen porch (87 square feet) in the amount of $4,500. Staff is in the process of
clearing up old permits and collected the data for both permits at one time.
Ms. Gray’s prior value for her property was $96,700 before demolishing the rear portion of her
home and adding the new addition and the screen porch. Her final value, which is under appeal, was
$105,700, which represents a $9,000 increase in value for the $29,500 value of permits taken out
on the property.
The committee recommended denial of the appeal and acceptance of the property value in the
amount of $105,700.
Ms. Russell, Acting City Assessor, advised members that on January 9, 2008, the City’s Residential
Technician arrived at the appellant’s residence for inspection of the addition and porch and was
denied access to the property. Approximately one month later, the Residential Technician utilized
his judgement on the size of the improvements since being denied access. A letter was sent to the
property owner indicating that the property value increased from $96,700 to $104,100. Upon its
receipt, Ms. Gray contacted staff and granted permission to herself (Ms. Russell) to access the
property for measuring and inspection of the improvements. Ms. Russell stated that she was able
to measure and inspect the improvements within the week, after which time, the property was
revalued to $105,700 since there was an additional 135 square feet that was not included in the
judgment of the Residential Technician since he was not granted access to the property. Ms. Russell
explained the increase to Ms. Gray and, on April 24, 2008, she submitted an appeal of the value in
the amount of $105,700.
Ms. Russell advised members that appellants were requested to meet with staff informally on
May 6, 2008 and to provide any documentation to support their appeal. Ms. Gray declined the
informal meeting since she had already spoken to staff regarding the issue before filing the appeal.
She stated that Ms. Gray’s appeal was scheduled to be considered by the Tax Appeals Committee
on May 14, 2008 at 9:45 a.m. On May 9, 2008, Ms. Gray contacted staff indicating that she would
not be available at 9:45 a.m. due to existing daily doctor appointments. Since the agenda had been
finalized, Ms. Russell suggested that she would discuss this matter with committee members. It was
suggested that the appellant provide a doctor’s note or something to indicate her unavailability to
attend the meeting on May 14, 2008. Ms. Russell stated that when staff requested this information
from Ms. Gray, her response was that the City was “out of line” and she would not be at the meeting
nor would she submit any documentation to explain her absence.
Council President Hogan declared the public hearing open.
Ms. Gray referred to her letter dated May 27, 2008, which provides an explanation of her appeal
(Exhibit #4).
Responding to Mr. Salters, Ms. Russell indicated that the difference between last year’s versus this
year’s taxes would result in approximately a $56 increase and the difference between the requested
value and recommended value would result in approximately a $12 increase.
There being no one else wishing to speak, Council President Hogan declared the public hearing
closed.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 19
Mr. Ruane moved to accept the committee’s recommendation, seconded by Mr. Leary and
carried by a roll call vote of eight (8) yes and one (1) no (Mr. Slavin).
Appeal - Karen Rose Appeal # 2008-009
Location: 29 N. Prestwick Court (ED05-067.13-01-36.00). Appealed Value - $220,800; Requested
Value - $160,000; Recommended Value - $220,800.
Staff recommended that the 2008 Appeal be denied.
Background and Analysis:
Ms. Rose appealed her property value based on the fact that her crawl space is flooded;
compromised foundation due to previously treated termites; area around home floods easily; 2
bedrooms are unable to be used for children due to size of sliding glass windows; the half bath has
always been unusable because of lack of hot water.
Ms. Rose did not show up for her scheduled informal appeal, to which she was asked to bring any
pertinent information that would support her appeal. Based on not receiving any supporting
documentation or supporting evidence and keeping the properties equal and uniform within the
neighborhood, we have not made any adjustments to the property value.
Ms. Rose did attend the Tax Appeal Committee meeting and was asked to speak on her behalf.
She had four items she wanted the committee to know about, as follows: 1) The yard floods which
caused the patio to sink; 2) The crawlspace floods, and she cannot find anyone who will fix it; 3)
The house has termites, which caused structural damage; and 4) Cracking of walls in the house due
to the flooding.
Ms. Rose was asked if she had an appraisal or some kind of information which suggests that the
property values in her neighborhood have decreased. Acting Assessor Cheryl Russell was asked if
the house was valued equal to other properties in the neighborhood. Ms. Russell had researched the
neighborhood for comparable properties and assured the Committee, that the property was uniform
with other properties in her neighborhood. Members asked Ms. Russell to explain the grading
system the Assessor’s Office uses, which she did briefly.
Members asked why the claim about the termite problem would not change the assessment.
Ms. Russell said that it might change the assessment, but that Ms. Rose had not provided the office
with any proof of any of the problems she has with the property.
It was suggested that Ms. Rose be given an extension in order to provide her the opportunity to
obtain the following:
1. Termite Inspection Report, with reference to structural damage;
2. Statement of Fact from Listing Real Estate Agency
a. Offers Made?
b. Length of Time on Market
c. Asking Price
3. House Inspection
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 20
The committee recommended postponing the appeal to allow Ms. Rose some time to obtain the
requested documentation.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote.
Withdrawal - Dimple Enterprises LLC Appeal 2008-002
Location: 348 N. DuPont Hwy. (ED05-068.13-01-79.00)
Staff recommended that the withdrawal from the 2008 Appeal Process be acknowledged.
Background and Analysis
Mr. Sheth had originally appealed the property value based on the fact that he was demolishing a
portion of the hotel. At the time the property owner filed for the demolition permit, he was unsure
if the demolition would be complete and didn’t want to be dissatisfied with his final value after the
demolition.
The Assessor’s Office revalued the property based on the demolition of the building and advised the
property owner of his new value due to the demolition.
The property owner was satisfied, after discussion as to how the office came up with the number,
and advised that he would withdraw his 2008 Appeal.
The committee recommend acceptance of the withdrawal.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote.
Withdrawal - Emerald Pointe LLC Appeal # 2008-001
Location: Emerald Point Subdivision (multiple parcels). Open Space: ED-05-067.01-02-15.00;
ED-05-067.01-02-14.00; ED-05-067.01-02-13.00; ED-05-067.01-01-97.00; ED-05-067.01-01-
98.00; ED-05-067.01-01-96.00; ED-05-067.01-01-99.00. Parcels with Improvements: ED-05-
067.01-01-16.00; ED-05-067.01-02-05.00
Staff recommended that the withdrawal from the 2008 Appeal Process be acknowledged.
Background and Analysis:
Emerald Pointe requested that the open space be exempt from ad valorem taxation. During their
informal appeal on May 6, 2008, they were informed that the open space could not be considered
exempt until such a time as the homeowner’s association took over the ownership of the parcels.
They accepted this information and withdrew the appeal for the open space.
Emerald Pointe was also advised that two of the parcels, they were requesting an exemption on, had
improvements and were listed for sale. At this time, the Certificate of Occupancy has not been
issued. Since the improvements were almost 100 % complete, staff advised them that they would
not recommend a reduction for these two parcels. They agreed to withdraw the appeal for the two
lots with improvements.
The committee recommended acceptance of the withdrawal from the 2008 Appeal Process.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 21
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote.
Withdrawal - Heinz & Helga Wirger Appeal # 2008-008
Location: 186 Maple Glen Drive (ED05-056.20-01-32.00). Appealed Value $ 245,100.
Staff recommended that the withdrawal from the 2008 Appeal Process be acknowledged.
Background and Analysis:
Mr. & Mrs. Wirger had an informal appeal hearing in the Assessor’s Office on May 06, 2008. Staff
requested them to bring any information that they felt would be pertinent to defend a reduction of
value for their property. The property owners brought an on-line HTE printout with their neighbor’s
information. The Assessor’s Office produced two comparable properties to defend the City of
Dover’s value. One of the properties that the owners brought in reflected the $50,000 Senior Citizen
Reduction. Once the owners realized that their values were similar to the other properties in their
neighborhood and the fact that sales that occurred after the January 1, 2005 Base cannot be utilized,
they decided to withdraw their 2008 Appeal.
The committee recommended acceptance of the withdrawal from the 2008 Appeal Process.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote.
Administrative - Brian & Elaine Scanlan Appeal # 2008-010
Location: 6 Meadowlark Lane (LC05-068.08-01-10.00). Original Value - $291,200; Recommended
Value - $278,200.
Staff recommended that the Administrative Changes be approved and the value be changed to reflect
the changes.
Background and Analysis:
The above property had been measured incorrectly upon its completion in 2004. This error was
made known to the office by the Kent County Assessor, who brought it to staff’s attention within
the last month. Staff revisited the property and re-measured the improvements. The Assessor’s
Office had too much square footage and has reduced the square footage based upon the re-
measurement of the improvements.
The committee recommended acceptance of the Administrative Change to the property value.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote.
Administrative - Calogero & Rosalie Guarraggi Appeal # 2008-007
Location: 14 Riverside Road (ED05-085.06-01-61.00). Original Value - $319,300; Recommended
Value - $279,800.
Staff recommended that the Administrative Changes be approved and the value be changed to reflect
the changes.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 22
Background and Analysis:
The above property had been coded incorrectly upon its completion in 2005, and on a recent
building permit for a roof over an existing patio. The property was coded as being an A-Grade,
excellent condition, which is generally reserved for more custom built homes in the Fox Hall,
Retreat and Baltray neighborhoods. After meeting with the appellants, staff had an area of their
home coded as a two-story addition, when in fact, it was a one story area; staff also had 3 full baths
instead of 2.5.
Staff originally had the home valued at $307,600 which the City based their property taxes on
starting in October 2005 through the 2007 tax billing.
In staff’s efforts to clear up old permits, a permit was added for a shed and roof over an existing
patio. The roof over the existing patio should have been coded as a covered porch, but was coded
as an open frame porch; which brought the value up to $319,300. When the property owner received
their “New Value” notice, they chose to appeal the value on their property.
After meeting with the appellant, we made the administrative changes to correct the property
records.
The committee recommended acceptance of the Administrative Changes made by the Assessor’s
Office.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote.
Stipulation - Emerald Pointe LLC Appeal # 2008-001
Location: Emerald Pointe Subdivision (51 properties)
Parcels at 75% of Value
ED-05-067.01-01-18.00 ED-05-067.01-01-40.00 ED-05-067.01-01-79.00
ED-05-067.01-01-19.00 ED-05-067.01-01-41.00 ED-05-067.01-01-80.00
ED-05-067.01-01-20.00 ED-05-067.01-01-42.00 ED-05-067.01-01-81.00
ED-05-067.01-01-21.00 ED-05-067.01-01-43.00 ED-05-067.01-01-82.00
ED-05-067.01-01-23.00 ED-05-067.01-01-44.00 ED-05-067.01-01-83.00
ED-05-067.01-01-24.00 ED-05-067.01-01-45.00 ED-05-067.01-01-84.00
ED-05-067.01-01-25.00 ED-05-067.01-01-46.00 ED-05-067.01-01-85.00
ED-05-067.01-01-26.00 ED-05-067.01-01-47.00 ED-05-067.01-01-86.00
ED-05-067.01-01-27.00 ED-05-067.01-01-50.00 ED-05-067.01-01-87.00
ED-05-067.01-01-28.00 ED-05-067.01-01-51.00 ED-05-067.01-01-88.00
ED-05-067.01-01-29.00 ED-05-067.01-01-54.00 ED-05-067.01-01-89.00
ED-05-067.01-01-30.00 ED-05-067.01-01-55.00 ED-05-067.01-01-90.00
ED-05-067.01-01-31.00 ED-05-067.01-01-63.00 ED-05-067.01-02-09.00
ED-05-067.01-01-32.00 ED-05-067.01-01-76.00 ED-05-067.01-02-10.00
ED-05-067.01-01-33.00 ED-05-067.01-01-77.00
ED-05-067.01-01-34.00 ED-05-067.01-01-78.00
Parcels at 40% of Value ED-05-067.01-01-39.00
ED-05-067.01-01-35.00
ED-05-067.01-01-36.00
ED-05-067.01-01-37.00
ED-05-067.01-01-38.00
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 23
Original Value - $ 4,601,700; Stipulated Value - $ 3,292,500
Staff recommended that stipulated values be approved.
Background and Analysis:
The Emerald Pointe Subdivision has been valued on the full price of the vacant lots in the Emerald
Pointe Subdivision. Other subdivisions currently under construction within the City of Dover have
been valued at 75% of value on the vacant lots until such a time as a Certificate of Occupancy has
been issued. These lots should be receiving a 25% reduction in value, with the exception of five
lots, as the road leading up to these lots has not been paved yet. These lots will be valued at 40%
of value until such a time as the road has been paved.
Mr. Ruane wanted to make sure that a process is in place that prompts the Assessor’s Office to
check on the finishing of the road. Ms. Russell assured the Committee that the office will check on
this road periodically.
The committee recommended that the negotiated and stipulated values of 75% for the 46 properties
and the 5 properties listed at 40% value.
By consent agenda, Mr. Leary moved for approval of the committee’s recommendation,
seconded by Mr. Slavin and carried by a unanimous roll call vote.
Mr. Ruane moved for acceptance of the Tax Appeals Committee Report, seconded by
Mr. Leary and unanimously carried.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -
MAY 27, 2008
The Legislative, Finance, and Administration Committee meeting was held on May 27, 2008 with
Chairman Slavin presiding. Council President Hogan noted that, with the exception of the following
time sensitive issue, the committee’s report from May 27, 2008 will be presented to Council during
the Regular Meeting of June 9, 2008 for their review and consideration.
Pay for Performance (PFP) Review - Consultant Revised Scope of Work
During the committee meeting of March 10, 2008, members recommended approval of the request
to hire Management Advisory Group (MAG), at a cost of $34,965, to conduct a Review and
Evaluation of the PFP Evaluation System, which was approved by City Council on March 24, 2008.
Mr. DePrima, City Manager, reminded members that during their meeting of April 14, 2008,
members were provided information regarding the need to consider salary re-grading of
non-bargaining employees. He had explained that the recent decision by City Council to use the
PAS Position Factor Analysis Scoring for the Controller\Treasurer position “without adjustments”
brought out the need to review several other positions that used the same scoring but were adjusted
by City Council in the past. It was suggested that members consider amending the current contract
with MAG to conduct a review and evaluation of the PFP Evaluation System to include the optional
maintenance agreement.
Mr. DePrima stated that staff submitted a request to MAG for information regarding the costs
involved to include a market study. As a result, MAG submitted a revised Scope of Work that will
address the concerns expressed by members during their April 14th meeting. He advised members
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 24
that the added cost of the contract is $5,000, which can be covered in existing budgets, and reviewed
a summary of the changes to the contract, as follows:
1. It has been reworked so that it identifies tasks to be completed before June 30, 2008 and
after June 30, 2008. The task to be completed before June 30th related to the salary
analysis for non-bargaining employees.
2. It reflects the databases and information that MAG requested at the May 13th meeting.
3. It introduces a process where employees can submit issues relative to current
classification, title, grade, etc. Dr. Long confirmed that this process will also be open to
Council members.
4. A complete review of non-bargaining primary duties and functions.
5. MAG will use their “compendium of compensation data” to evaluate and compare Dover
salaries to the external market.
Mr. DePrima reviewed MAG’s Revised Work Plan for the City of Dover. Staff recommended
approval of the Management Advisory Group revised contract and scope of work in the amount of
$39,965.
Mr. McGlumphy relayed concern regarding the database utilized by MAG and proposals to increase
salaries much greater than what can be afforded by the City. If the increases occur, he requested that
staff provide details regarding each pay increase for the 20 positions. He stated his opposition to
providing the pay raises proposed for the upper management positions. Responding, Mr. DePrima
explained that the 20 positions were included in the material provided for the April 14th meeting and
that, at this time, he recommended withdrawing that proposal and that MAG be requested to review
all (estimated 84) non-bargaining positions. For an additional $5,000, he explained that Council will
be provided a much more thorough and comprehensive recommendation that what was originally
recommended by staff. Mr. DePrima disagreed with the assumption that the review will result in
recommendations for huge salary increases, explaining that this information will not be known until
the study has been completed.
Responding to Mrs. Williams, Mr. DePrima reminded members that next year’s budget includes
contingency amounts to cover any proposed salary increases. If the results of the study require
additional funds, he suggested that Council will make a determination regarding the proposed
increases and/or budget reductions.
Mr. Ruane suggested that staff assured that MAG utilize the salary scale adopted by City Council
in 2003 rather than the original salary scale submitted by MAG.
Mr. McGlumphy requested that staff encourage MAG to interview members of the community in
conducting their study.
The committee recommended approval of the Management Advisory Group revised contract and
scope of work in the amount of $39,965, as recommended by staff.
Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Salters.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 25
Mr. McGlumphy reiterated his opposition to the request, explaining his opinion that the scope of the
work being requested is already within the original contract. He also relayed his concern regarding
the excess of proposed salaries.
Mr. Ruane requested clarification as to which salary scale will be utilized by MAG: the salary scale
adopted by City Council in 2003 or the original salary scale submitted by MAG. Responding,
Mr. DePrima suggested that the determination of the salary scale should be made by MAG,
explaining his opinion that, in accordance with their contract, MAG will be evaluating the salary
scale to determine what would be most appropriate.
Concurring with the concerns mentioned by Mr. McGlumphy regarding the entire PFP system,
Mr. Leary stated that although he supports revising the contract to increase the scope of the study,
it should not be construed to indicate his approval of the PFP system.
The motion to approve the Management Advisory Group revised contract and scope of work
in the amount of $39,965 was carried by a roll call vote of eight (8) yes and one (1) no (Mr.
McGlumphy).
Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee
Report, seconded by Mr. McGlumphy and unanimously carried.
MONTHLY REPORTS - APRIL 2008
By motion of Mr. Leary, seconded by Mr. Slavin, the following monthly reports were accepted
by consent agenda:
Budget Report
Chief of Police Report
City Assessor Report
City Manager's Report
Planning and Inspections Report
Dover Fire Department Report
CIP Report
DOWNTOWN DOVER PARTNERSHIP: BYLAWS AND ARTICLES OF
INCORPORATION
Mr. DePrima, City Manager, introduced the Chairs of the Organizations involved in the Downtown
Dover Partnership: Mr. Smith, Dover Parking Authority; Mr. Patterson, DDDC; and Mr. Lakeman,
Dover Main Street. As a reminder, he stated that members have been considering the creation of
the Downtown Dover Partnership for several months. He presented members with the Bylaws and
Articles of Incorporation for the Downtown Dover Partnership for their consideration, to be effective
July 1, 2008.
Responding to Mr. Ruane, Mr. DePrima stated that it is anticipated that Section 2 of Article VII of
the Bylaws will be invoked on July 1, 2008, explaining that in lieu of an appointed Executive
Director, the City Council will appoint the City Planner to serve as the Executive Director.
Mr. Slavin moved for acceptance of the Bylaws (Exhibit #5) and Articles of Incorporation
(Exhibit #6) for the Downtown Dover Partnership, seconded by Mrs. Russell and carried by
a unanimous roll call vote.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 26
SET PUBLIC HEARING - ELECTRIC FUND BUDGET
A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985
Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by 1990
Bond Resolution) prior to adoption of the budget. Staff recommended that the public hearing be set
for June 9, 2008 at 7:30 p.m.
Mr. Leary moved to set a public hearing for June 9, 2008 at 7:30 p.m. for the 2008/2009 City
of Dover Electric Fund Budget, seconded by Mr. Slavin and unanimously carried.
EVALUATION OF BIDS - ST. JONES SWITCHGEAR
Mr. Lunt, Public Utility Director, advised members that the switchgear is a pre-manufactured
building that contains the distribution breakers, relays, batteries, communication equipment and
other components related to the substation. It receives the distribution voltage from the transformer
and splits it to the six distribution circuits and contains relays and components that protect the
transformer from overload and/or faults.
Mr. Lunt stated that bids were solicited for a switchgear and that a total of nine (9) proposals were
received from four (4) vendors. One (1) proposal was incomplete and four (4) did not meet
specifications and were rejected due to non-compliance. The four (4) responsive proposals received
from NRP&S, HD Supply, National Electric Systems and Powersecure were evaluated. After
evaluating these proposals, all were in compliance with the specifications and considered responsive.
Staff recommended awarding the proposal to the lowest responsive bidder, HD Supply, in the
amount of $1,006,896, for the purchase of the St. Jones switchgear.
Mr. Slavin moved for approval of staff’s recommendation, seconded by Mr. Leary and carried
by a unanimous roll call vote.
APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT HOGAN
Council President Hogan requested approval of the following appointments:
Safety Advisory and Transportation Committee - Terms to Expire May 2009
Thomas J. Leary, Chairman (to fill expired term of Kenneth L. Hogan)
Sophia R. Russell (to fill expired term of Thomas J. Leary)
Tax Appeals Committee - Term to Expire March 2009
Sophia R. Russell (to fill unexpired term of Kenneth L. Hogan)
Utility Committee - Term to Expire May 2009
Beverly Williams (to fill unexpired term of Thomas J. Leary)
City Chaplain - Wallace Dixon - Annual Appointment Expires June 2009
Wallace Dixon
By consent agenda, Mr. Leary moved for approval of the appointments as recommended by
Council President Hogan, seconded by Mr. Slavin and carried by a unanimous roll call vote.
REAPPOINTMENTS RECOMMENDED BY MAYOR CAREY
Mayor Carey requested approval of the following reappointments:
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 27
Planning Commission - Three (3) Year Terms to Expire June 1, 2011
Francis C. Nichols - First District
Col. Robert D. Welsh - First District
Fred Tolbert - Third District
Dover Public Library Commission - Five (5) Year Term to Expire Jun 16, 2013
Gertrude Jackson
By consent agenda, Mr. Leary moved for approval of the reappointments as recommended by
Mayor Carey, seconded by Mr. Slavin and carried by a unanimous roll call vote.
RECONSIDERATION OF REZONING/ONE YEAR LIMITATION EXPIRATION - FIRST
READING
In accordance with Article 10, Section 5.183 of the Zoning Code, if construction has not started or
a satisfactory explanation for the failure to commence construction has not been received within one
year from the effective date of the amendment to the zoning map, an amendment to rezone the land
to its prior classification shall be automatically placed on the agenda to be reconsidered by City
Council.
Members were advised that property located on the north side of White Oak Road and northeast of
the intersection of White Oak Road and Halsey Road, consisting of 1.1152+/- acres, owned by Leon
and Dorothy Hansen was rezoned from CPO (Commercial/Professional Office Development) to I/O
(Institutional and Office) on September 11, 2006. A request for an extension was denied on
September 24, 2007.
Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is
required. Staff recommended referring the reconsideration of the rezoning to the Planning
Commission on June 16, 2008 and that a public hearing be set for July 14, 2008 at 7:30 p.m.
By motion of Mrs. Williams, seconded by Mr. Leary, Council unanimously referred the
request to the Planning Commission and set a public hearing for July 14, 2008 at 7:30 p.m.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
AT ON THE NORTH SIDE OF WHITE OAK ROAD AND NORTHEAST OF THE
INTERSECTION OF WHITE OAK ROAD AND HALSEY ROAD.
REZONING REQUESTS/FIRST READINGS
Requests were received to rezone the following properties. Prior to amending the zoning ordinances
and zoning map of the City of Dover, a public hearing is required.
Property Located at 1001 and 1003-1059 Walker Road, Owned by Hamlet Shopping Center
Associates and 100 West Tenth Street Corporation
A rezoning request for property located at 1001 and 1003-1059 Walker Road, owned by Hamlet
Shopping Center Associates and 100 West Tenth Street Corporation. The property is currently
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 28
zoned SC-1 (Neighborhood Shopping Center) and COZ-1 (Corridor Overlay Zone 1) and the
requested zoning is C-2A (Limited Central Commercial), subject to COZ-1.
By motion of Mrs. Williams, seconded by Mr. Leary, Council unanimously referred the
following rezoning requests to the Planning Commission for June 16, 2008 and set a public
hearing for July 14, 2008 at 7:30 p.m.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
AT 1001 AND 1003-1059 WALKER ROAD.
Property Located at the Intersection of New Burton Road and Webbs Lane (429 Webbs Lane),
Owned by Newbofox Properties, LLC
A rezoning request for property located at the intersection of New Burton Road and Webbs Lane
(429 Webbs Lane), owned by Newbofox Properties, LLC. The property is currently zoned C-3
(Service Commercial) and the requested zoning is C-2A (Limited Central Commercial).
By motion of Mrs. Williams, seconded by Mr. Salters, Council unanimously referred the
following rezoning requests to the Planning Commission for June 16, 2008 and set a public
hearing for July 14, 2008 at 7:30 p.m.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED
AT THE INTERSECTION OF NEW BURTON ROAD AND WEBBS LANE (429 WEBBS
LANE).
FIRST READING - REZONING REQUEST/PROPOSED ORDINANCE - LAND
DEVELOPMENT PLAN AMENDMENT TO COMPREHENSIVE PLAN UPDATE 2003, AS
AMENDED IN MAY 2005, SEPTEMBER 2006, MARCH 2007, AND MARCH 2008
A request was received to rezone property located at 412 East Loockerman Street, consisting of
0.6276+/- acres, owned by the Estate of Gary F. Dalton. The property is currently zoned R-10 (One
Family Residential) and the applicant is requesting that the property be rezoned to C-PO
(Commercial/Professional Office). The land use classification for this property is designated as
Residential Medium Density on Map 11-1. The application received to rezone the property has been
identified as being inconsistent with Map 11-1. The appropriate land use classification for the
proposed zoning would be Office and Office Parks. Therefore, the applicant is requesting that the
land use type be changed to Office and Office Parks.
Council President Hogan reminded the public that copies of the proposed ordinance are available
at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Since the
ordinance is an amendment to the Comprehensive Plan Update 2003, as Amended in May 2005,
September 2006, March 2007, and March 2008 a public hearing is required. Staff recommended
referral of the amendment to the Planning Commission on July 21, 2008, and that a public hearing
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 29
take place during the Council Meeting of July 28, 2008, at 7:30 p.m., at which time, final action by
Council will take place.
Mrs. Townshend, Director of Planning and Inspections, explained that the applicant is proposing to
use the site as a professional office in the existing building, which is not a permitted use in the R-10
zone.
Responding to Mr. Ruane, Mrs. Townshend stated that the cut-off date for Comprehensive Plan
amendments was May 2, 2008 and that the application was received on that date. The current
building is a vacant residence and it has been confirmed that there are no other offices along this
area of the street. Mr. Ruane relayed his opposition to the consideration of the proposed
amendment, explaining that the proposed amendment would create a change to a gateway into the
City, by changing the nature of the area from residential to office.
By motion of Mr. Leary, seconded by Mr. Slavin, Council, by a roll call vote of seven (7) yes
and two (2) no (Mr. McGlumphy and Mr. Ruane), referred the request to the Planning
Commission for July 21, 2008 and set a public hearing for July 28, 2008 at 7:30 p.m.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows:
AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE,
2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, MARCH 2007, AND MARCH 2008
BY AMENDING LAND DEVELOPMENT MAP 11-1 AND AMENDING THE ZONING
ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING
DESIGNATION OF PROPERTY LOCATED AT 412 EAST LOOCKERMAN STREET
FIRST READING - PROPOSED ORDINANCES - PROPOSED FEE INCREASES AND
NEW FEES
Council President Hogan reminded the public that copies of the proposed ordinance are available
at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. City
Clerk’s Office Note: Earlier during the meeting, members of Council took no further action
regarding the Legislative, Finance, and Committee’s recommendation regarding the proposed fee
increases and new fees.
Mr. McGlumphy moved to table the consideration of the First Reading of the Ordinances
relative to the Proposed Fee Increases and New Fees (Chapters 22, 26, 46, and 66, and
Appendix A, Article IV). The motion was seconded by Mr. Slavin and unanimously carried.
FIRST READING - PROPOSED ZONING TEXT AMENDMENTS
Council President Hogan reminded the public that copies of the proposed ordinances are available
at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Since the
ordinances are amendments to the Zoning Code, a public hearing is required. Staff recommended
referral of the amendments to the Planning Commission on June 16, 2008 and that a public hearing
take place during the Council Meeting of June 23, 2008, at 7:30 p.m., at which time, final action by
Council will take place. City Clerk’s Office Note: Earlier during the meeting, members of Council
took no further action regarding the Legislative, Finance, and Committee’s recommendation
regarding the proposed fee increases and new fees.
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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 30
Mrs. Williams moved to table the consideration of the First Reading of the Zoning Text
Amendments relative to the Proposed Fee Increases and New Fees (Appendix B, Articles 3, 8,
9, and 10). The motion was seconded by Mr. Leary and unanimously carried.
COUNCIL MEMBERS ANNOUNCEMENTS
Mr. Salters announced that the African American Festival is scheduled to be held on Saturday,
June 28, 2008 and invited everyone to attend.
Mr. Hogan reminded members that Budget Hearings will be held on June 2, 2008 at 6:30 p.m. and
that the Comprehensive Plan Update Workshops for the public, as follows:
Tuesday, June 10th from 3:00 pm - 6:00 pm at the Dover Park
Wednesday, June 11th from 6:00 pm - 9:00 pm at the Dover Police Assembly Room
Tuesday, June 17th from 6:00 pm - 9:00 pm at the Dover Elks Lodge
Wednesday, June 18th from 6:00 pm - 9:00 pm at the City Council Chambers
In celebration of his 79th birthday, Mrs. Russell, on behalf of the Mayor, City Council, and City
Staff, presented Mr. Salters with a birthday card.
Mr. Slavin moved for adjournment, seconded by Mr. Leary and unanimously carried.
Meeting Adjourned at 10:01 P.M.
TRACI A. McDOWELL
CITY CLERK
All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of
May 27, 2008, are hereby approved.
CARLETON E. CAREY, SR.
MAYOR
/TM/jg
S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2008\05-27-2008.wpd
Exhibits Attached to Original Minutes and File Copy
Exhibit #1 - Presentation of Planning and Inspections Annual Report
Exhibit #2 - Rezoning Petition and Amendment to the Land Development Plan Map of the Comprehensive Plan - North
Side of Commerce Way
Exhibit #3 - Wholesale Power Supply Review
Exhibit #4 - Letter Dated May 27, 2008 from Ms. Beulah Gray
Exhibit #5 - Bylaws - Downtown Dover Partnership
Exhibit #6 - Articles of Incorporation - Downtown Dover Partnership
Page 36
PROCLAMATION
WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first
official flag of the United States was adopted; and
WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was
designated “NATIONAL FLAG DAY”; and
WHEREAS, the Congress requested the President to annually issue a proclamation
designating the week in which June 14 occurs as “NATIONAL FLAG WEEK”; and
WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered
to conduct educational programs and to encourage all Americans to PAUSE FOR THE
PLEDGE OF ALLEGIANCE on Flag Day, June 14; and
WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the PAUSE
FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day
throughout the nation; and
WHEREAS, Flag Day celebrates our nation’s symbol of unity, devotion to freedom,
and the equal rights of all.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY
OF DOVER, DELAWARE do hereby proclaim June 14, 2008 as
FLAG DAY
in the City of Dover and urge all residents to PAUSE FOR THE PLEDGE OF
ALLEGIANCE in honor of the Flag of the United States of America.
____________________________
CARLETON E. CAREY, SR.
Mayor
Page 37
PROCLAMATION
WHEREAS, the greatest challenge facing humanity is the recognition of the oneness of
humankind; and
WHEREAS, any act which discriminates against or otherwise restricts the human rights
of any person or group of persons demeans their dignity; and
WHEREAS, it is important that we uphold an equal standing of human rights for all
persons; and
WHEREAS, we affirm our belief in the kinship of humankind, the equality of men and
women, and that all persons are equal in their spiritual essence and human dignity; and
WHEREAS, the recognition that humankind belongs to one family brings with it the a
responsibility to respect and to help one another in every way; and
WHEREAS, Race Unity Day was inaugurated in 1957 and has been recognized by the
United Nations and by a resolution of the Delaware General Assembly; and
WHEREAS, the goals of Race Unity Day are consistent with the objectives of the Dover
Human Relations Commission.
NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim Sunday, June 10, 2008 as Race Unity Day
in the City of Dover and urge all residents to promote in themselves and in their
community, those qualities and attributes which will generate the recognition that
humankind belongs to one family, to fight prejudice wherever it is found, and to ensure
that all persons have an equal opportunity to develop their unique capacities.
__________________________
CARLETON E. CAREY, SR.
Mayor
Page 38
June 9,2008
Presentation to City Council
1
Page 39
Electric Rate Increase
Proposed July 1, 2008
Revenue Generated by Dollar Rate Increase
Requirement $ Existing Rates $ Difference $ Required
Total System 98,529,079 92,081,400 6,447,679 7.0%
2
Page 40
A New, Higher Price Floor for Energy
25
Factors Driving Energy Prices:
• Energy demand growth
• Higher E & P costs
20 • Globalization
• Supply chain constraints
Step change in energy prices will not
US$/GJ (nominal)
• Currency exchange
15 • Electricity deregulation revert; energy prices will remain
• GHG & environmental high and uncertain.
• Trading & speculation
10
A New Higher Energy Price Floor
5
0
1989 1994 1999 2004 2009 2014 2019 2024
Crude Oil, WTI (1st) Crude Oil, Brent Gas, Henry Hub
Coal, ARA Marker Fuel Oil, 1% S, ARA Gasoil, #2, NYH
3
Page 41
Wholesale Power Market Prices for Dover
Prices have nearly tripled
since 2002
100
90
80
70
$/MWh
60
50
40
30
20
Ja
M 2
ayn-
Se 2-0
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Ja 2
M 3n- 0
0
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08
Dover Monthly Avg Power Price Long-Term Trend
4
Page 42
Ratepayers facing steep increases
across US & gRegion
State, Power co‐op
Constellation reach truce raises rates
[BG&E] 1.1 million residential Delaware Electric Coop has raised electric rates by
customers, … will pay 85 percent more for
t 8.86 percent
electricity than in 2005 Delaware Online,
March 30, 2008
Baltimore Sun, March 30, 2008
Dominion
Pursues 18 Percent … Hike
…largest one‐time rate increase … since the 1970s
… necessary to offset … fuel [purchases]
Washington Post,
May 7, 2008
Con Ed Ameren
Seeks to Increase … Up to 17% requests 12.1% … rate increase
…by 17 percent for … residential … and by 10.7 Ameren Corp., will file … for a 12.1 percent … rate
percent for … business increase
The New York Times, St. Louis Business Journal,
May 5, 2007 April 4, 2008
5
Page 43
Budget Variances: FY 08/09 Budget Versus
$7.00
Oi
riginal FY 07/08 B d
udget
$0.84 $0.55
$6.00
$0.51
$1.04
$5.00 $0.50
$4.91
$4.00
$1.32 5.4%
$/MWh
$3.00 $3.25
$2.00
$1.00
$-
Power Supply
Net Capacity Power Plant Management
PJM
Plant O&M
Emission Sales
(Incl Load Transmission
Costs Margins Fees
Following) Charges
6
Page 44
Effect of Dover’s Proactive Management on
FY08/09 Rates
• Without risk management, customers would be experiencing a 13%
increase in power supply costs (budgeted market prices) however, …
• … risk management contained cost increase to 5.4%.
• In aggregate, the hedge positions have saved the rate payers $5.2 million
on a year over budget year basis.
• In ddi
addition, if generation assets were retired h
i the rate payers would bear
an additional $5 million cost and rates would have increased 20% on a
year over budget year basis.
• In summary, Dover has been able to manage through extraordinary energy
price increases through proactive management of risk, and the
optimization of the plant values.
7
Page 45
Need for Rate Adjustments
• Current Rates Implemented July 1, 2007.
• Additional Changes were Expected.
• Financial Forecast was Updated.
• Purchased Power Costs Adjusted.
• Capital Requirements Incorporated.
Taken May 23, 2008
Utility Committee Presentation 8
Page 46
Cost Drivers
Projected Expenses Increasing:
• Purchased Power Expenses
– Up 10.4 Percent
• Total Electric Operating Expenses
– Up 7 Percent
• Major Capital Improvements
– $22 Million in New Debt
Taken May 23, 2008
Utility Committee Presentation 9
Page 47
Financial Forecast
• Results Reviewed
• Key Financial Targets
– Debt Service Coverage
– Positive Net Margins
• Determined Revenue Adjustment
– FY 2009 – 7.0 Percent
Taken May 23, 2008
Utility Committee Presentation 10
Page 48
Cost‐of‐Service Analysis
• Unbundled Revenue Requirements
– Power Supply (Demand & Energy)
– Transmission
– Distribution
b
– Customer
• Assigned Costs to Classes
– Allocation Factors
• Summarized Results
Taken May 23, 2008
Utility Committee Presentation 11
Page 49
I di
ndicated Level of Adjustments
Small Medium Large
Total Transmission Commercial Commercial Commercial P irimary R id
esidential
7% 7% 5% 13% 11% 0% 8%
Taken May 23, 2008
Utility Committee Presentation 12
Page 50
Rate Design Analysis
• Address 7% Revenue Shortfall
• Rate Implementation Strategy
– Implement July 1, 2008
– Consider Cost of Service Results
– Rate Adjustments by Class Vary
Taken May 23, 2008
Utility Committee Presentation 13
Page 51
Current and Proposed Rates
Customer Class Customer Charge Energy Charge Demand Charge
($/month) ($/kWh) ($/kW-month)
Current Proposed Current Proposed Current Proposed
Residential 5.00 5.00 0.1343 0.1450 - -
Small Commercial Single Phase 5.00 5.00 0.1387 0.1465 - -
Small Commercial Three Phase 15.00 15.00 0.1387 0.1465 - -
Medium Commerical Single Phase 5.00 5.00 0.0950 0.0915 9.75 15.70
Medium Commerical Three Phase 15.00 15.00 0.0950 0.0915 9.75 15.70
Large Commercial * 15.00 15.00 0.0950 0.0915 9.75 15.70
Primary * 10.00 10.00 0.0935 0.0895 9.60 11.25
Transmission * - - 0.0886 0.0875 6.25 10.50
* Large Commercial, P i
rimary and Transmission customer l
t classes have power factor dj t
adjustment.
Taken May 23, 2008
Utility Committee Presentation 14
Page 52
Transmission Rate
Determination of Demand Adjustment
Power Factor Correction Change
Current Proposed
90% 98.5%
Change Holds Transmission Customers
to h
the Same Standard as hthe City
Taken May 23, 2008
Utility Committee Presentation 15
Page 53
Typical Bill Comparisons
16
Page 54
Residential
July 1, 2007 July 1, 2008 Change
Rate Rate Amount Percent
Monthly Energy Usage of 1,000 kWh
Customer Charge $5.00 $5.00 $0.00
Energy Charges 134.30 145.00 10.70
Total Bill $139.30 $150.00 $10.70 7.68%
Monthly Energy Usage of 750 kWh
Customer Charge $5.00 $5.00 $0.00
Energy Charges 100.73 108.75 8.02
Total Bill $105.73 $113.75 $8.02 7.59%
Taken May 23, 2008
Utility Committee Presentation 17
Page 55
Small Commercial – Rental Office
(Single Phase)
July 1, 2007 July 1, 2008 Change
Rate Rate Amount Percent
Monthly Energy Usage of 2,226 kWh
Customer Charge $5.00 $5.00 $0.00
Energy Charges 308.75 326.11 17.36
Utility Tax 13.33 14.07 0.74
Total Bill $327.08 $345.18 $18.10 5.53%
Monthly Energy Usage of 3,220 kWh
Customer Charge $5.00 $5.00 $0.00
Energy Charges 446.61 471.73 25.12
Utility Tax 19.19 20.26 1.07
Total Bill $470.81 $496.99 $26.18 5.56%
Taken May 23, 2008
Utility Committee Presentation 18
Page 56
Small Commercial – Bank
(Three Phase)
July 1, 2007 July 1, 2008 Change
Rate Rate Amount Percent
Monthly Energy Usage of 2,507 kWh
Customer Charge $15.00 $15.00 $0.00
Energy Charges 347.72 367.28 19.55
Utility Tax 15.42 16.25 0.83
Total Bill $378.14 $398.52 $20.39 5.39%
Monthly Energy Usage of 3,510 kWh
Customer Charge $15.00 $15.00 $0.00
Energy Charges 486.84 514.22 27.38
Utility Tax 21.33 22.49 1.16
Total Bill $523.17 $551.71 $28.54 5.46%
Taken May 23, 2008
Utility Committee Presentation 19
Page 57
Medium Commercial – Bank
(Single Phase)
July 1, 2007 July 1, 2008 Change
Rate Rate Amount Percent
Monthly Energy Usage of 6,240 kWh, Demand of 18.50 kW
Customer Charge $5.00 $5.00 $0.00
Demand Charges 180.38 290.45 110.08
Energy Charges 592.80 570.96 -21.84
Utility Tax 33.07 36.82 3.75
Total Bill $811.25 $903.23 $91.98 11.34%
Monthly Energy Usage of 5,683 kWh, Demand of 25.50 kW
Customer Charge $5.00 $5.00 $0.00
Demand Charges 248.63 400.35 151.73
Energy Charges 539.89 519.99 -19.89
Utility Tax 33.72 39.33 5.60
Total Bill $827.23 $964.67 $137.44 16.61%
Taken May 23, 2008
Utility Committee Presentation 20
Page 58
Large Commercial – Car Dealer
July 1, 2007 July 1, 2008 Change
Rate Rate Amount Percent
Monthly Energy Usage of 43,000 kWh, Demand of 133.60 kW
Customer Charge $15.00 $15.00 $0.00
Demand Charges 1,302.60 2,097.52 794.92
Energy Charges 4,085.00 3,934.50 -150.50
Power Factor Adjustment -16.25 -26.16 -9.92
Utility Tax 229.61 257.00 27.39
Total Bill $5,615.96 $6,277.85 $661.89 11.79%
o
Monthly Energy Usage of ,5
e 42,520 kWh, e
Demand of 6
146.80 kW
Customer Charge $15.00 $15.00 $0.00
Demand Charges 1431.30 2304.76 873.46
Energy Charges 4039.40 3890.58 -148.82
Power Factor Adjustment -36.56 -58.87 -22.31
Utility Tax 233.14 263.94 30.80
Total Bill $5,682.29 $6,415.41 $733.13 12.90%
Taken May 23, 2008
Utility Committee Presentation 21
Page 59
Primary – Insurance Company
July 1, 2007 July 1, 2008 Change
Rate Rate Amount Percent
Monthly Energy Usage of 129,000 kWh, Demand of 330.01 kW
Customer Charge $10.00 $10.00 $0.00
Demand Charges 3,168.10 3,712.61 544.52
Energy Charges 12,061.50 11,545.50 -516.00
Power Factor Adjustment
j 712.37 834.81 122.44
Utility Tax 304.79 305.36 0.57
Total Bill $16,256.76 $16,408.29 $151.53 0.93%
Monthly Energy Usage of 77,000 kWh, Demand of 300.00 kW
Customer Charge $10.00 $10.00 $0.00
Demand Charges 2,880.00 3,375.00 495.00
Energy C a
e harges 7,199.50
, 6,891.50 -308.00
308
Power Factor Adjustment 0.00 0.00 0.00
Utility Tax 201.79 205.53 3.74
Total Bill $10,291.29 $10,482.03 $190.74 1.85%
Taken May 23, 2008
Utility Committee Presentation 22
Page 60
Transmission
July 1, 2007 July 1, 2008 Change
Rate Rate Amount Percent
Monthly Energy Usage of 1,674,000 kWh, Demand of 2,604.15 kW
Demand Charges 16,275.94 27,343.58 11,067.64
Energy Charges 148,316.40 146,475.00 -1,841.40
Power Factor Adjustment 1,946.97 3,270.92 1,323.94
Utility Tax 3,291.85 3,476.37 184.52
Total Bill $169,831.16 $180,565.86 $10,734.70 6.32%
Monthly Energy Usage of 1,458,000 kWh, Demand of 2,234.00 kW
Demand Charges 13,964.06 23,459.63 9,495.56
Energy Charges 129,178.80 127,575.00 -1,603.80
Power Factor Adjustment 1,712.92 2,877.70 1,164.78
Utility Tax 2,862.86 3,020.69 157.84
Total Bill $147,718.64 $156,933.02 $9,214.38 6.24%
Taken May 23, 2008
Utility Committee Presentation 23
Page 61
Discussion & Questions
24
Page 63
PETITION TO AMEND ZONING ORDINANCE TEXT
Before the Dover City Council
June 9, 2008
Applicants/Owners: Constantine F. Malmberg, III
Proposed Zoning Change: Amendment to Zoning Ordinance, Article 3 – District Regulations,
Section 27 Corridor Overlay Zone 1 (COZ-1) to add a new
subsection 27.62(a).
Summary of Amendment: This Ordinance relieves applicants from any potential
hardship imposed by the location of a corner lot with
frontages on two corridors subject to the Corridor Overlay
Zone. Specifically, it limits the applicability of the parking
location and setback requirements set forth in the Corridor
Overlay Zone to only one corridor.
Staff Recommendation: Staff agrees that corner properties with both frontages subject
to the requirements of the Corridor Overlay Zone may
experience a hardship in meeting the parking location and
setback requirements of the Corridor Overlay Zone.
Therefore, staff supports the text amendment in concept.
However, staff suggests that the proposed text amendment be
located within a new subsection 27.7. Additionally, staff has
recommended alternative language to accomplish the same
end. The staff proposal is attached in addition to the
applicant’s version.
Planning Commission
Recommendation: Following a public hearing before the Planning Commission
on May 19, 2008, in which nobody spoke in favor of or in
opposition to the proposed text amendment, Planning
Commission voted to recommend that City Council adopt the
staff substitute ordinance.
Page 64
MI-08-08 Corridor Overlay Zone
Report to City Council – June 9, 2008
Page 2
Applicability: There is only one intersection where both corridors are
subject to the Corridor Overlay Zone: the intersection of
Route 8 and Saulsbury Road. As written, this is the only area
where this would apply. Staff reviewed the possibility of
extending the proposal to all corner properties within the
Corridor Overlay Zone; however, we found that flexibility
exists on corners where one road is not within the Corridor
Overlay Zone to adequately accommodate building placement
and parking within the context of the current requirements.
Below is a graphic showing the geographic application of the
proposed amendment at the intersection of Route 8 and
Saulsbury Road.
File Number: MI-08-08
Page 65
FINAL READING
CITY OF DOVER ORDINANCE #2008-25 - SUBSTITUTE #1
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER,
2 IN COUNCIL MET:
3 That Chapter: Appendix B – Zoning Ordinance, Article 3 – District Regulations,
4 Section 27 Corridor Overlay Zone 1 (COZ-1) be amended by adding a new subsection
5 27.7 as follows:
6 Sec. 27.7 Properties Located on a Corner Lot with Two Frontages
7 within the Corridor Overlay Zone. When a property is located on the
8 corner of two corridors within the Corridor Overlay Zone, only one of
9 the two corridors shall be subject to the requirements of Section 27.61
10 Setbacks and Section 27.63(a) Parking Location. The frontage of the
11 property on which the identifiable front of the building is located shall
12 be the frontage that is subject to the requirements of Section 27.61 and
13 Section 27.63(a). In designing the site, in order to qualify for the relief
14 under this subsection, the applicant must demonstrate to the satisfaction
15 of the planning commission that the design incorporates the principles of
16 superior urban design defined in Section 27.2.
17 ADOPTED *
18 SYNOPSIS
19 This Ordinance relieves applicants from any potential hardship imposed
20 by the location of a corner lot with frontages on two corridors subject to
21 the Corridor Overlay Zone. Specifically, it limits the applicability of the
22 parking location and setback requirements set forth in the Corridor
23 Overlay Zone to only one corridor.
24 Actions History: May 12, 2008 – Park, Recreation & Community Enhancement Committee
25 May 19, 2008 – Planning Commission
Page 66
26 The text below shows the proposed text amendment in the context of the entire
27 Corridor Overlay Zone. The proposed text is included in bold.
28 Section 27. Corridor overlay zone 1 (COZ-1).
29 27.1 Purpose. The corridor overlay zone (COZ) is established for the following reasons:
30 (a) To promote superior urban corridor development and the highest quality built
31 environment;
32 (b) To foster coordination and linkage among corridor properties and with adjacent
33 lands;
34 (c) To preserve the functionality and efficiency of the roadway for traffic
35 movement; and
36 (d) To achieve a visually balanced streetscape environment which is friendly to the
37 pedestrian and motorist alike.
38 27.2 Superior urban design. For the purposes of this ordinance the term "superior urban
39 design" shall meet the following criteria:
40 (a) Superior urban design places a strict and primary importance on the pedestrian.
41 The concept should lend itself to interconnectivity while presenting building
42 structures as aspects of the street, not simply islands existing in the "sea of roads".
43 The design should encourage fewer car-trips, as well as promote automobile trips on
44 an interconnected local street system rather than trips that utilize the arterials. In
45 demonstrating superior urban design, an applicant must show that the plan presented
46 exceeds the requirements of the zoning ordinance in at least two of the following
47 areas:
48 (i) Transportation amenities for bicycles, pedestrians and transit that exceed
49 those required by the zoning ordinance;
50 (ii) Architectural features including, but not limited to: LEED-certified
51 buildings; unique architecture not replicated in other locations; use of
52 architectural elements such as entry porticos, porte-cocheres, colonnades,
53 cornices, porch columns and balusters, band courses, coins, water tables and
54 other trim that enhances visual quality and function of the structure; and use
55 of the highest-quality construction materials.
56 (iii) Landscaping that exceeds the requirements of this section, including
57 robust use of trees, shrubbery, and flowering plants to screen parked cars;
58 water gardens and ponds; arboretums; tree preservation measures;
59 (iv) Public spaces and art including, but not limited to, sculpture, memorials,
60 murals, public court yards and pocket parks, and fountains;
61 (v) Green technologies for stormwater management, as well as green energy
62 technologies such as geothermal heating and cooling and solar energy
63 supplies.
64 (b) The city planner shall develop policy guidance on how the concept of superior
65 urban design will be evaluated.
66 27.3 Zone boundaries. The COZ encompasses the lands adjacent to the following roadways
67 as outlined on the City of Dover Zoning Map as set forth in article 2, section 2 of this
68 ordinance:
69 (a) Delaware Route 8 (Forrest and Division Streets) from the railroad tracks in a
70 westerly direction to the city limit line.
Page 67
71 (b) McKee/Saulsbury Road (County Road 156) from the intersection at Dennys
72 Road (County Road 100) in a southerly direction to the terminal intersection with
73 West North Street (County Road 73).
74 27.4 Permitted uses. Land use shall be governed by those provisions of this ordinance
75 related to the specific zoning district designations of each property as depicted on the zoning
76 map.
77 27.5 Site development plan approval. Site development plan approval in accordance with
78 article 10, section 2 shall be required prior to the issuance of building permits for the erection
79 or enlargement of all structures and prior to the issuance of certificates of occupancy for any
80 change in use. When the zoning district regulations specify that a particular use requires
81 conditional use approval in accordance with article 10, section 1, the provisions of that
82 article shall apply. Site development plans and conditional use site plans for properties
83 within the COZ shall reflect compliance with the development guidelines of this article, in
84 addition to all other applicable codes and regulations.
85 27.6 Development guidelines.
86 27.61Setbacks:
87 a. Front yards.
88 Residential Nonresidential
89 Min. Max. Min. Max.
90 McKee/Saulsbury 60' to 80' 40' to 50' *
91 Route 8--Artis Drive to Mifflin Road 60' to 80' None
92 Route 8--Mifflin Road to Saulsbury Road 40' to 60' 40' to 60' *
93 Route 8--Saulsbury Road to R.R. line 20' to 30' 20' to 30'
94 Subdivision streets (Setback provisions of article 4 shall apply)
95 * When the applicant can demonstrate to the satisfaction of the planning commission
96 through the site plan review process that the proposal involves a superior urban
97 design, the maximum setback may be increased to no more than 90 feet from the
98 property line on Route 8 from Mifflin Road to Saulsbury Road and on McKee and
99 Saulsbury Roads.
100 27.62 Building placement. Buildings shall be situated on the property so as to
101 maximize the use of the frontage along the roadway and shall have the longest side of
102 the building arranged parallel and square to the roadway. When the applicant can
103 demonstrate to the satisfaction of the planning commission that, due to specific
104 constraints related to lot configuration, alternative building placements may be
105 permitted.
106 27.63 Parking.
107 (a) Location. Parking shall not be permitted to be situated within the front
108 yard, nor between the right-of-way line and the building, except in the
109 following instances:
110 (i) Automobile service stations;
Page 68
111 (ii) Properties in a shopping center (SC) zoning district, in which case,
112 parking may be permitted between the building and the roadway, provided
113 that such parking [shall] be limited to five rows of single parking spaces
114 between the road and the storefront;
115 (iii) When the applicant can demonstrate to the satisfaction of the planning
116 commission through the site plan review process that the design presented
117 involves a superior urban design, parking may be permitted between the
118 building and the street, provided that such parking within this area shall be
119 adequately landscaped and screened from the roadway.
120 (b) Required number of spaces. See specific district requirements in article 4.
121 (c) Layout.
122 (i) Parking lots shall be arranged in such a manner so that not more than 20
123 parking spaces in a row shall be permitted without a landscaped island. No
124 more than six rows of 20 spaces shall be provided without provision for a
125 landscaped median. Parking islands shall be a minimum of ten feet wide and
126 planting medians shall be no less than eight feet wide.
127 (ii) There shall be a landscaped buffer area of at least 12 feet in width
128 between the building and parking lot and drive areas. The buffer area shall
129 include provisions for a sidewalk of at least six feet and no greater than eight
130 feet in width. The buffer area and sidewalk shall be grade separated from the
131 parking lot by concrete curbing of at least six inches in height.
132 (d) Landscaping. Design shall be simple and easy to maintain and shall consist of a
133 combination of hardy canopy trees, low evergreen shrubs and turf grass, and shall be
134 designed in accordance with landscape guidelines set forth in article 5, section 15 of
135 this ordinance and as follows:
136 (i) Interior landscaping. A minimum of five percent of the interior area of a
137 parking lot shall be reserved for landscape purposes. This provision shall
138 include the landscaping of all required parking islands and medians. Shade
139 trees shall be incorporated within the landscaped islands whenever and
140 wherever practicable.
141 (ii) Parking lot screening adjacent to public right-of-way. Low profile
142 screening shall be required when parking spaces would result in vehicles
143 facing onto the roadway. Screening may consist of a low wall, evergreen
144 hedge with a minimum height of two feet at the time of planting, planted three
145 feet apart on center, and a maximum height of three feet at maturity, or earth
146 berm. Should a low wall be used, such wall shall be accompanied by
147 evergreen shrub plantings on the roadway side of the wall and spaced ten feet
148 apart on center.
149 (iii) Reserved.
150 27.64 Site access.
151 (a) Entrance width and radii. Site entrances shall have a minimum width of
152 24 feet. Entrances involving a median divider shall be at least 35 feet in width.
153 Entrance radii shall be a minimum of 15 feet and a maximum of 25 feet.
154 (b) Number of entrances and curb cut spacing. One curb cut shall be
155 permitted for each street which abuts a site. For sites with street frontage in
156 excess of 300 linear feet, one additional curb cut may be permitted. For sites
157 with street frontage in excess of 600 linear feet, two additional curb cuts may
158 be permitted.
Page 69
159 Multiple curb cuts on a property shall have a minimum spacing distance in
160 accordance with the following schedule:
161 Speed Limit Maximum Spacing (Ft.)
162 25 105
163 30 125
164 35 150
165 40 185
166 45 230
167 50 275
168 (c) [Shared access.] Shared access shall be provided, whenever possible, for
169 entrances to adjoining uses, including residential driveways.
170 (d) [Cross access.] Cross access shall be provided among abutting uses of
171 similar use categories, whenever possible, to provide linkage between
172 properties as an alternative to re-entering the corridor to access both existing
173 and future neighboring properties.
174 (e) Entrance locations for adjoining properties. Commercial site entrances
175 shall be no closer than 25 feet to an adjoining property which is zoned
176 residential and no closer than ten feet to an adjoining property which is in a
177 nonresidential zoning category.
178 27.65 [Signs.] Signs shall meet the regulations found in article 5, section 4,
179 supplementary sign regulations.
180 27.66 Building height.
181 (a) Buildings shall be limited in overall height to 35 feet and shall not exceed
182 two stories.
183 27.67 Open space and landscaping.
184 (a) Lot coverage. Each lot shall have a minimum of 25 percent of the lot
185 area dedicated to be landscaped open space. A lesser amount of landscaped
186 open space may be permitted when it can be demonstrated to the satisfaction
187 of the planning commission, through the site plan review process, that, due to
188 lot configuration and existing built conditions, the required minimum is
189 impractical.
190 (b) Frontage. Each lot shall have a landscaped open space of at least 25 feet
191 in width, measured from the back of curb along the entire frontage of the lot,
192 except at points of site access. Trees shall be provided along the frontage
193 perimeter at a minimum rate of one tree for each 50 linear feet of frontage.
194 (c) Side and rear yards. A minimum of 15 feet of landscaped open space
195 shall be provided along all side and rear lot lines when abutting a residential
196 use and a minimum of five feet when abutting a nonresidential use. Tree
197 plantings shall be provided along all nonfrontage perimeters at a minimum
198 rate of one tree for each 75 linear feet.
199 (d) Stormwater detention ponds. Detention ponds may be counted toward
200 the minimum 25 percent open space area, provided that such ponds are
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201 designed to emulate natural features by incorporating irregular outline,
202 gradual slopes (no greater than 1:4), and appropriate landscape plantings.
203 (e) Landscaping. Landscaped open spaces shall be designed in accordance
204 with the provisions of this section, as well as the landscaping guidelines as set
205 forth in article 5, section 9 of this ordinance.
206 (f) Screening. The following items shall be located so as to minimize
207 visibility from the roadway, adjacent properties and other public areas, and
208 shall be screened from public view:
209 (1) Service bays;
210 (2) Loading docks and platforms;
211 (3) Rooftop utilities;
212 (4) Satellite dishes;
213 (5) Dumpsters;
214 (6) Storage areas.
215 (g) Standard for tree plantings. Trees shall be of a high canopy variety and
216 shall be limbed to a minimum height of 12 feet above grade at maturity.
217 (h) Standards for shrubbery. Shrubbery shall be of a low evergreen variety
218 and shall be limited to use as foundation plantings and for screening
219 purposes.
220 (i) Standards for ground cover. Ground cover shall be limited to turf and
221 ornamental grasses and ornamental evergreen ground cover plantings within
222 required landscape areas.
223 27.68 Lot configuration. All lots within the corridor overlay district created after the
224 enactment of this section shall conform to the following:
225 (a) Minimum lot area [shall be] 10,000 square feet. Service stations [shall
226 have a minimum lot area of] 20,000 square feet.
227 (b) Minimum lot depth shall be 100 feet. In the C-3 (service commercial)
228 district, the minimum lot depth shall be 150 feet.
229 (c) Minimum road frontage shall be at least 100 feet. In the C-3 (service
230 commercial) district, the minimum road frontage shall be 150 feet.
231 27.69 Architectural review. The side of any building which faces the corridor (or
232 corridors) shall be referred to as the "corridor elevation." Buildings in the COZ-1
233 shall be designed to front on the corridor, and the corridor elevation shall contain
234 architectural elements traditionally associated with the front of a building. Blank
235 walls without functioning windows are prohibited along the corridor. Windows must
236 be incorporated into the overall design concept of the corridor elevation. Providing
237 one or several small windows on a large corridor elevation shall not constitute
238 compliance with this ordinance.
239 A "functioning window" shall be defined as a window which lets light into the
240 interior of the structure, and is integrated and related to the interior layout of the
241 space. In addition to functioning windows, the corridor elevation shall have the
242 following elements:
243 (a) A primary entrance door or doors (except for loading doors).
244 (b) A primary entrance feature, such as a porch, portico, awning, entrance
245 walk, or other similar feature.
246 In addition, the corridor elevation shall have one of the following elements:
247 (a) Landscaping integrated into the building design concept.
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248 (b) Architectural or urban design elements which link adjacent structures
249 together, such as plazas, walkways, colonnades, or similar features.
250 (c) Architectural relief, such as vertical and horizontal offsets in exterior
251 wall elevations, band courses, lintels and sill courses, cornices, and the like, to
252 create shadow lines.
253 The applicant shall submit 12 copies of the corridor elevation at the time of
254 application. The city planner or his/her designee shall determine whether compliance
255 with the provisions of this ordinance has been achieved.
256 Sec. 27.7. Properties Located on a Corner Lot with Two Frontages within
257 the Corridor Overlay Zone. When a property is located on the corner of
258 two corridors within the Corridor Overlay Zone, only one of the two
259 corridors shall be subject to the requirements of Section 27.61 Setbacks
260 and Section 27.63(a) Parking Location. The frontage of the property on
261 which the identifiable front of the building is located shall be the frontage
262 that is subject to the requirements of Section 27.61 and Section 27.63(a).
263 In designing the site, in order to qualify for the relief under this
264 subsection, the applicant must demonstrate to the satisfaction of the
265 planning commission that the design incorporates the principles of
266 superior urban design defined in Section 27.2.
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FINAL READING
CITY OF DOVER ORDINANCE #2008-25
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER,
2 IN COUNCIL MET:
3 That Appendix B - Zoning, Article 3 - District Regulations, Section 27.62 - Building
4 Placement, be amended by inserting a new Section 27.62(a) as follows:
5 Sec. 27.62(a). When an applicant has property bordering on two roads
6 subject to the COZ and the applicant demonstrates to the satisfaction of
7 the Planning Commission through the Site Plan Review process that the
8 design presented involves superior urban design, then the setbacks set
9 forth in Section 27.61(a) and the parking restriction set forth in 27.63
10 shall only apply to the side of the property designated by the applicant
11 as the front.
12 ADOPTED: *
13 SYNOPSIS
14 This Ordinance relieves applicants from any hardship imposed by
15 application of the COZ to two sides of a property when it is a corner lot.
16 Actions History
17 April 28, 2008 - First Reading
18 May 19, 2008 - Planning Commission
Page 73
UTILITY COMMITTEE
The Utility Committee meeting was held on May 27, 2008 at 5:00 p.m. with Chairman Ruane
presiding. Members present were Mr. McGiffin, Mr. Cregar, and Mr. Snaman. Mr. Leary was
absent. Members of Council present were Mr. Slavin (arrived at 5:16 p.m.), Mrs. Williams, and Council
President Hogan.
AGENDA ADDITIONS/DELETIONS
Mr. McGiffin moved for approval of the agenda, seconded by Mr. Cregar and unanimously
carried.
2030 Power Plant Development
Mr. Lunt, Public Utilities Director, advised members that since May 2007, the Dover 2030 Energy
Requirements Committee has been meeting approximately every month to review the PJM Market,
evaluate the capacity/energy requirements of the City’s system, and identify action plans to address
the City’s future energy needs. He stated that after extensive discussion on the market and
capacity/energy shortfall, it was decided to solicit the energy development market to gain knowledge
of what options are available to the City through a Request for Qualifications process. The goal was
to gain information and knowledge from the potential developers and identify possible solutions to
the City’s requirements. This concept was outlined at the January 14, 2008 Utility Committee
Meeting.
Mr. Lunt indicated that the second phase of this process is beginning, which is to evaluate the four
(4) submissions to determine the most economical and feasible solution to the City’s future needs.
A summary of the four (4) responses was provided to members for information purposes. He
explained that the recommended negotiated contract will be to compensate Pace Global Asset
Management, LLC (PACE) for the expenses related to this evaluation. The authority to enter this
partnership was outlined in the May 4, 2006 Energy Management Agreement whereby the City of
Dover (City) and PACE contracted with PACE to assist the City with its energy procurement, energy
sale, purchase of fuels, establishment and management of risk policies, operation of assets, develop
and manage hedging protocols and related energy procurement challenges. Within this Agreement,
Article 3 – Energy Manager Function, Section 3.1 (a) (iv) allows for other technical/consulting
services at the disclosed hourly rate upon express written requests and instructions from Dover.
Mr. Lunt indicated that Dover has outlined the scope of work and reviewed the proposal received
from PACE. He noted that, within the proposal, they anticipated that the second phase of this
process would take approximately five (5) months with a cost of $30,000/month retainer fee, plus
five percent (5%) G&A and travel reimbursement for a projected expense of $150,000 plus $7,500
G&A and $2,500 for travel, or a total estimate of $160,000. Mr. Lunt stated that there also is a
true-up for the retainer fee where the final billing will be for the total actual hours expended during
the second phase. If PACE expends less hours, the invoice will credit the City; however, if they
expend more time than anticipated, the City will only be billed for the $30,000. This method will
ensure that the City can control their expenses.
Staff recommended that the City Manager be authorized to execute the Pace Global Asset
Management Generation RFP as presented for an estimated expense of $160,000.
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UTILITY COMMITTEE MEETING OF MAY 27, 2008 PAGE 2
Mr. Ruane advised members that he serves as a member of the 2030 Energy Requirements
Committee.
Mr. McGiffin moved to recommend approval of staff’s recommendation, seconded by
Mr. Snaman and unanimously carried.
Final Electric Cost of Service Study by Burns & McDonnell
During their meeting of May 12, 2008, members reviewed a presentation of the Electric Cost of
Service Study. Members were provided an explanation regarding the need for adjustments, net
margins, cost of service considerations, and potential rate adjustments. It was noted that the rate
design analysis indicates the need for a seven percent (7%) rate adjustment on July 1, 2008, and that
the rate adjustments by class may vary depending on the cost of service results. As a result of the
Study being completed, Mr. Ted Kelley, Principle with Burns & McDonnell, reviewed a presentation
of the Electric Rate Adjustment Considerations (Attachment #1).
Referring to the Residential Rate Comparison of other utility providers, Mr. Ruane requested that
members be provided an up-to-date list, as of a date certain, when this matter is presented to City
Council for consideration (Attachment #2).
Mr. McGiffin moved to recommend acceptance of the rate adjustments as recommended, seconded
by Mr. Snaman.
Mr. Cregar relayed concern that members were not provided ample opportunity to review the
material, noting that receipt of the information was provided during the meeting rather than included
in the committee’s packet.
The motion recommending acceptance of the rate adjustments as recommended by Burns &
McDonnell was unanimously carried.
2008 Comprehensive Plan Review: Utility Chapter
As directed, staff provided members with the Utility Chapter of the 2008 Comprehensive Plan for
their review, which included Chapter 7 - Public Utilities and Infrastructure Plan.
Mr. Ruane suggested that staff include a section that would consist of a general outline of how the
electric is brought to the City. He also suggested that if there is a goal statement, there should be a
paragraph explaining why the goal is necessary (the problem or challenge).
PACE/NAES Monthly Report (April)
Mr. DePrima provided the PACE/NAES Monthly Report for April 2008. He reminded members that
the reports are being provided to allow members the opportunity to monitor what is being sold in
electric and the revenues received, which will give members a better understanding of any
fluctuations and make improvements if deemed necessary. It was not his intention to make a
presentation of the report; however, he welcomed any questions.
Page 75
UTILITY COMMITTEE MEETING OF MAY 27, 2008 PAGE 3
Mr. Snaman moved to recommend acceptance of the PACE/NAES Monthly Report for April
2008, seconded by Mr. McGiffin and unanimously carried.
Mr. Snaman moved for adjournment, seconded by Mr. McGiffin and unanimously carried.
Meeting Adjourned at 5:56 P.M.
Respectfully submitted,
Eugene B. Ruane
Chairman
EBR/TM/jg
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Attachments
Attachment #1 - Presentation by Burns & McDonnell - Rate Adjustments
Attachment #2 - Residential Rate Comparison of Other Utility Providers as of June 1, 2008
Page 76
ATTACHMENT #1
Utility Committee Meeting of 05/27/2008
Utility Committee Meeting of 05/27/2008
ATTACHMENT #1
Page 94
Selected Area Utilities ATTACHMENT #2 (Page 1 of 2)
Summer (June - Sept.) Utility Committee Meeting of 05/27/2008
RESIDENTIAL RATE COMPARISON @ 1,000 kWh
% Difference % Difference
De Co-op $131.54 0% -11%
Newark $137.53 5% -7%
Dover $139.48 6% -5%
New Castle $139.98 6% -5%
Middletown $145.07 10% -1%
Seaford $145.19 10% -1%
Milford $145.27 10% -1%
Delmarva Power $147.17 12% 0%
Clayton $152.70 16% 4%
Smyrna $155.28 18% 6%
Lewes $168.61 28% 15%
* Approximate. DP&L's new transmission capacity charge is based on each individual's Peak Load Contribution (PLC) to the overall transmission load.
Each customer has a unique PLC that changes every January.
Local Utilities - Summer @ 1,000 kWh's % Difference
De Co-op As of June 1, 2008
$117.13 0%
*Delmarva Power $137.43 17%
Utility Committee Meeting of 05/27/2008 ATTACHMENT #2 (Page 1 of 2)
$180.00 Newark $137.53 17%
$160.00 Dover $139.48 19%
$140.00 New Castle $139.98 20%
Lewes $144.16 23%
$120.00
Middletown $145.06 24%
$100.00
Seaford $145.19 24%
$80.00
Milford $146.76 25%
$60.00 Clayton $152.70 30%
$40.00 Smyrna $160.08 37%
$20.00
*$0.00
Approximate. DP&L's new transmission capacity charge is based on each individual's Peak Load Contribution (PLC) to the overall transmission load.
Each customer
$131.54has a unique
$137.53PLC that $139.48
changes every$139.98
January. $145.07 $145.19 $145.27 $147.17 $152.70 $155.28 $168.61
De Co-op Newark Dover New Castle Middletown Seaford Milford Delmarva Clayton Smyrna Lewes
Power
Page 95
Selected Area Utilities ATTACHMENT #2 (Page 2 of 2)
Utility Committee Meeting of 05/27/2008
Winter (Oct. - May)
RESIDENTIAL RATE COMPARISON @ 1,000 kWh
% Difference % Difference
De Co-op $121.95 0% -19%
New Castle $132.48 9% -12%
Milford $133.53 9% -11%
Seaford $136.79 12% -9%
Newark $137.53 13% -8%
Dover $139.48 14% -7%
Middletown $148.24 22% -1%
Smyrna $149.28 22% -1%
*Delmarva Power $150.16 23% 0%
Clayton $152.70 25% 2%
Lewes $165.61 36% 10%
* Approximate. DP&L's new transmission capacity charge is based on each individual's Peak Load Contribution (PLC) to the overall transmission load.
Each customer has a unique PLC that changes every January.
Local Utilities - Winter @ 1,000 kWh's
As of June 1, 2008
Utility Committee Meeting of 05/27/2008 ATTACHMENT #2 (Page 2 of 2)
$180.00
$160.00
$140.00
$120.00
$100.00
$80.00
$60.00
$40.00
$20.00
$0.00
$121.95 $132.48 $133.53 $136.79 $137.53 $139.48 $148.24 $149.28 $150.16 $152.70 $165.61
De Co-op New Castle Milford Seaford Newark Dover Middletown Smyrna *Delmarva Clayton Lewes
Power
Page 96
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee meeting was held on May 27, 2008 at
6:04 p.m. with Chairman Slavin presiding. Members present were Mr. McGlumphy, Mr. Salters,
and Mr. Shevock. Dr. Jones was absent. Other members of Council present were Mr. Leary,
Mr. McGiffin, Mrs. Williams, Mr. Ruane, Council President Hogan, and Mayor Carey.
AGENDA ADDITIONS/DELETIONS
Mr. Salters moved for approval of the agenda, seconded by Mr. Shevock and unanimously
carried.
Downtown Dover BID - Assessment (Tax) Rate for Fiscal Year 2008-2009
In accordance with Appendix D, Article III, Section 9(f) of the Dover Code, City Council must adopt
a Business Improvement District (BID) budget and assessment every year. Members were provided
the FY 2008-2009 budget showing BID tax revenue and the expenses charged against that revenue,
as well as the following tax calculation worksheet with recommended rates:
JULY 1, 2008 TO JUNE 30, 2009
ZONE 1 ZONE 2 ZONE 3 TOTAL
Aggregate Assessments $32,361,100 $58,864,900 $29,621,700 $120,847,700
Assessment Tax Rate
Per $100 Assessment 0.0822 0.0362 0.0180 ---
Revenue Raised $26,601 $21,309 $5,332 $53,242
% Revenue Raised 50% 40% 10% 100%
Number of Parcels 122 113 49 284
Average Assessment $218 $189 $109 $187
It was noted that the revenue percentages by zone have been calculated in accordance with Section
9(e) of Appendix D, Article III of the Dover Code and that the amounts were estimated per the
reassessed values.
Staff recommended approval of the Downtown Dover Business Improvement District (BID) -
Assessment (Tax) Rate for FY 2008-2009 and adoption of the proposed budget ordinance.
Mr. Slavin requested that staff include a map depicting each of the zone areas when this matter is
presented to City Council for consideration (Attachment #1).
Mr. Salters moved to recommend approval of staff’s recommendation (Attachment #2),
seconded by Mr. Shevock and carried with Mr. Slavin voting no.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF MAY 27, 2008 PAGE 2
Criminal Justice Council - Amendment to Title V Grant with Aid in Dover
Mrs. Townshend, Director of Planning and Inspections, reminded members that in the fall of 2007,
the City of Dover, in cooperation with Aid in Dover, Inc., received a grant through the Criminal
Justice Council for the Girls Circle Program. With the grant, Aid in Dover provides outreach and
training aimed at fostering positive behavior in teenage girls. When presented to members for
consideration, she stated that a budget was submitted with the grant.
Mrs. Townshend advised members that Aid in Dover has submitted a proposed amended grant
budget. She assured members that the program will continue to offer the same service and meet the
objective of the grant. She explained that Aid in Dover has proposed a modification to how the
program is run, utilizing contractual certified teachers rather than a program facilitator, as initially
proposed. Mrs. Townshend indicated that Aid in Dover has also proposed the addition of
transportation, field trips, and additional funds for training materials.
Mr. McGlumphy moved to recommend approval of the amended grant budget as requested
by Aid in Dover, seconded by Mr. Salters and unanimously carried.
Pay for Performance (PFP) Review - Consultant Revised Scope of Work
During the committee meeting of March 10, 2008, members recommended approval of the request
to hire Management Advisory Group (MAG), at a cost of $34,965, to conduct a Review and
Evaluation of the PFP Evaluation System, which was approved by City Council on March 24, 2008.
Mr. DePrima, City Manager, reminded members that during their meeting of April 14, 2008,
members were provided information regarding the need to consider salary re-grading of
non-bargaining employees. He had explained that the recent decision by City Council to use the
PAS Position Factor Analysis Scoring for the Controller\Treasurer position “without adjustments”
brought about the need to review several other positions that used the same scoring but were adjusted
by City Council in the past. It was suggested that members consider amending the current contract
with MAG to conduct a review and evaluation of the PFP Evaluation System to include the optional
maintenance agreement.
Mr. DePrima stated that staff submitted a request to MAG for the information regarding the costs
involved to include a market study. As a result, MAG submitted a revised Scope of Work that will
address the concerns expressed by members during their April 14th meeting. He advised members
that the added cost of the contract is $5,000, which can be covered in existing budgets, and reviewed
a summary of the changes to the contract, as follows:
1. It has been reworked so that it identifies tasks to be completed before June 30, 2008 and
after June 30, 2008. The task to be completed before June 30th relate to the salary
analysis for non-bargaining employees.
2. It reflects the databases and information that MAG requested at the May 13th meeting.
3. It introduces a process where employees can submit issues relative to current
classification, title, grade, etc. Dr. Long confirmed that this process will also be open
to Council members.
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF MAY 27, 2008 PAGE 3
4. A complete review of non-bargaining primary duties and functions.
5. MAG will use their “compendium of compensation data” to evaluate and compare
Dover salaries to the external market.
Mr. DePrima reviewed MAG’s Revised Work Plan for the City of Dover. Staff recommended
approval of the Management Advisory Group revised contract and scope of work in the amount of
$39,965.
Mr. McGlumphy relayed concern regarding the database utilized by MAG and proposals to increase
salaries much greater than what can be afforded by the City. If the increases occur, he requested that
staff provide details regarding each pay increase for the 20 positions. He stated his opposition to
providing the pay raises proposed for the upper management positions. Responding, Mr. DePrima
explained that the 20 positions were included in the material provided for the April 14th meeting and
that, at this time, he recommended withdrawing that proposal and that MAG be requested to review
all (estimated 84) non-bargaining positions. For an additional $5,000, he explained that Council will
be provided a much more thorough and comprehensive recommendation than what was originally
recommended by staff. Mr. DePrima disagreed with the assumption that the review will result in
recommendations for huge salary increases, explaining that this information will not be known until
the study has been completed.
Responding to Mrs. Williams, Mr. DePrima reminded members that next year’s budget includes
contingency amounts to cover any proposed salary increases. If the results of the study require
additional funds, he suggested that Council will make a determination regarding the proposed
increases and/or budget reductions.
Mr. Ruane suggested that staff assure that MAG utilize the salary scale adopted by City Council
rather than the original salary scale submitted by MAG.
Mr. McGlumphy requested that staff encourage MAG to interview members of the community in
conducting their study.
Mr. Salters moved to recommend approval of the Management Advisory Group revised
contract and scope of work in the amount of $39,965, as recommended by staff. The motion
was seconded by Mr. Shevock and carried with Mr. McGlumphy voting no. Due to time
constraints, this item was placed on the Council agenda for the meeting being held later in the
evening.
Donation of $10,000 for Vietnam War Memorial and Discussion of Donation Policy
During their meeting of March 31, 2008, members considered a letter from Mr. George Chabbott,
President/Broker of Chabbott Petrosky Commercial Realtors, Ltd., requesting a donation in the
amount of $10,000 to $60,000+/- for the purpose of building a monument to honor local service
members killed and/or missing in action in Vietnam. For reference purposes, members were also
provided with the City’s Community Leader and Organization Recognition Policy. The committee
recommended support of the Vietnam War Memorial with in-kind contribution not to exceed
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LEGISLATIVE, FINANCE, AND ADMINISTRATION
COMMITTEE MEETING OF MAY 27, 2008 PAGE 4
$10,000 within the policies of the City; however, during their consideration of the committee’s
recommendation at their Regular Meeting of April 14, 2008, City Council tabled the matter for
clarification of the committee’s motion; therefore, the matter was referred back to the committee.
Members of the committee reconsidered this matter during their meeting of April 28, 2008. In
reviewing the committee’s report during the Annual Council Meeting on May 12, 2008, members
of City Council referred the issue of providing a donation for the Vietnam War Memorial back to
the Legislative, Finance, and Administration Committee to allow for full discussion of the
Community Leader and Organization Recognition Policy in an effort to assist in the completion of
projects.
Due to the absence of the Controller/Treasurer, Mr. Slavin suggested that this matter be tabled.
Mr. McGlumphy moved to table the consideration of a donation in the amount of $10,000 for
Vietnam War Memorial and the discussion of the Community Leader and Organization
Recognition Policy, seconded by Mr. Salters and unanimously carried.
Mr. McGlumphy moved for adjournment, seconded by Mr. Shevock and unanimously carried.
Meeting Adjourned at 6:44 P.M.
Respectfully submitted,
Timothy A. Slavin
Chairman
TAS/TM/jg
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Attachment
Attachment #1 - Map of Business Improvement District (BID) Zones
Attachment #2 - Downtown Dover Business Improvement District (BID) Budget Ordinance
Page 100
ATTACHMENT #1
LF&A Committee Meeting of 05/27/2008
Zone 2
Zone 1
Zone 3
City of Dover
Map Created by:
«
Department of Planning and Inspections Business Improvement District 0 250 500 1,000 Feet
Date Map Created: 6-22-06
Page 101
ATTACHMENT #2
LF&A Committee Meeting of 05/27/2008
ATTACHMENT A
DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT
CASH RECEIPTS BUDGET FOR 2008-09
BID TAX REVENUE AND EXPENSES CHARGED AGAINST THIS REVENUE
ADMINISTERED THROUGH MAIN STREET, INC.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Fifty-three thousand, two hundred and forty-two
dollars ($53,242) or so much thereof as may be necessary are hereby appropriated from
current revenues and other funds for the use by the City of Dover/Main Street, Inc. for the
fiscal year beginning July 1, 2008, and ending June 30, 2009:
REVENUE PROPOSED
Tax Revenue $53,242
EXPENSES
Personnel & Administration Expenses $53,242
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2
Page 102
SPECIAL
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
A Special Parks, Recreation, and Community Enhancement Committee meeting was held on
May 27, 2008, at 12:00 noon with Chairwoman Russell presiding. Members present were
Mr. McGlumphy, Mr. Ruane, Mrs. Horsey, and Mr. Lewis.
AGENDA ADDITIONS/DELETIONS
Mr. McGlumphy moved for approval of the agenda, seconded by Mr. Lewis and unanimously
carried.
Boys and Girls Club - Status of Proposed Schutte Park Facility Location
During the committee meeting of December 11, 2007, members recommended approval of the
Wyoming Mill Road location for the magnet site for the Boys & Girls club, as presented, and
requested that specific information be provided regarding the loss of space, what that loss would
mean for the City of Dover and its commitment to outdoor recreation, specifically to the soccer and
field hockey associations, and a plan of action to remedy the loss. Noting that these facilities are to
serve regional population and not just the citizens of Dover, the committee felt a need to involve
Kent County and suggested dialogue between the Boys & Girls Club, Kent County, and the City to
work out the ideas for a dedication of space for outdoor recreation to supplement the loss of outdoor
recreation space for the City.
In considering the committee’s recommendation during their Regular Meeting of January 14, 2008,
members of City Council were advised that the committee was not provided the schematic of the
proposal submitted by the Boys & Girls Club when they forwarded their recommendation for
approval of the Wyoming Mill Road location. It was noted that the recommendation referred to their
desire that the proposal would not cause the loss of space; therefore, it was suggested that members
agree to offer space at Schutte Park to allow for the magnet club for the Boys & Girls Club without
identifying the specific location, that there be a stipulation that the fields currently assigned to CDSA
remain, and that every effort be made for the final proposal to depict the use of the 14 acres of land
west of Schutte Park that is proposed to be dedicated to the City by Stover Builders. As a result, City
Council approved Schutte Park to be used as the location for the magnet site for the Boys & Girls
Club, without being specific to its location at Schutte Park, and the stipulation that its use will not
cause any current loss in field space for the CDSA.
Mr. Tingle, Executive Director of the Greater Dover Boys and Girls Club, advised members that
upon Council’s approval, the Task Force met with the Corporate Board Management Committee for
the Boys and Girls Club of Delaware. The Task Force has been granted approval to move forward
with schematic floor plans and development of projected costs. Once this phase is completed, the
Task Force will present the information to the Corporate Board Management Committee for
approval to move forward with the capital campaign and begin the process.
Responding to Mr. Lewis, Mr. Tingle stated that he anticipates that it will be approximately three
(3) years following the final approval by the City for the completion of the facility.
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SPECIAL PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF MAY 27, 2008 PAGE 2
In response to Mr. Ruane, Mr. Tingle indicated that the Boys and Girls Club of Delaware will
conduct the capital campaign, to include obtaining funding from foundations and others, pledging
to raise 70%-80% of the funds necessary for the project.
Mrs. Russell requested that security and lighting issues be seriously considered in the planning
process to ensure safety.
Mr. DePrima noted that the exact location of the facility remains to be determined and suggested that
staff of the Planning Department, as well as the Parks and Recreation Director, meet with the Task
Force to make this final determination.
Mrs. Russell requested that members be provided a detailed update on this project every three (3)
months and suggested that members also be provided material regarding the activities of the Boys
and Girls Club.
Cost Benefit Analysis - Animal Control Officer (ACO)
As directed during the committee meeting of February 12, 2008, Mr. DePrima, City Manager,
submitted an Animal Control Cost Benefit Analysis, which he explained depicts approximately a
$14,000 yearly savings by utilizing the SPCA for Animal Control and noted that there are other
advantages. Mr. DePrima advised members that he would also recommend the elimination of the
“Lock Jock” service provided by the City’s Police Department which he inadvertently omitted from
the recommendations. He reviewed staff’s recommendations, items #1 through #5, and requested
the addition of item #6 to be for the Police Department to consider the elimination of providing lock
jock services.
Mr. Ruane moved to recommend approval of staff’s recommendation item #1, as follows: At
a minimum the FY08/09 contract should be amended so that the SPCA is given ACO coverage
responsibilities when the Dover ACO is off duty such as nights and weekends. This is a service
that would be provided at no charge. It would free up Dover Police hours for other needs. It
also would allow the Dover Police Department time to evaluate the strength of the program
and its ability to work with the SPCA. The SPCA has also offered to work out some transport
services that will relieve our ACO and Police the time and effort to travel to Camden. This
should be explored. The approval is with the understanding that the cost savings inherent in
that be utilized for the purpose of acquiring modern technology tranquilizer guns. The motion
was seconded by Mrs. Horsey and unanimously carried.
Mr. Ruane moved to recommend approval of staff’s recommendation item #2, as follows: The
City of Dover is not in a position to pay for a seven day a week, 12 hour per day contract as
proposed. The City should ask for a price and scope of work on a five day a week, eight hour
day extra service contract. This should be requested in March in 2009 and priced for FY09/10.
It would allow the Dover Police Department to evaluate the strength of the SPCA program and
their ability to work closer with the SPCA. This will allow the City Council to re-evaluate the
SPCA contract proposal with better information. The motion was seconded by Mrs. Horsey
and unanimously carried.
Page 104
SPECIAL PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF MAY 27, 2008 PAGE 3
Responding to Mr. Ruane, Mr. DePrima concurred that recommendation item #3, “If Dover pursues
an extra services contract and eliminates the Dover ACO position it should seek to have the current
Dover ACO absorbed in the SPCA staff” would be further considered in conjunction with
recommendation item #2.
Mr. McGlumphy moved to recommend approval of staff’s recommendation item #4, as
follows: Change the Animal Control Ordinance so that the hold period for dogs is aligned
with the state standard. The motion was seconded by Mrs. Horsey and unanimously carried.
(City Clerk’s Office Note: Upon further review of the State Code, it has been determined that the
City Code is in alignment with the State Code with respect to the holding period for dogs; therefore
an amendment will not be necessary.)
Mr. McGlumphy moved to recommend that staff’s recommendation item #5 (The police
procedure regarding use of a tranquilizer gun should be reexamined), be reworded as follows:
That the ACO be authorized to use tranquilizer and/or Taser© guns and be provided any
necessary training. The motion was seconded by Mr. Lewis and unanimously carried.
Mr. McGlumphy moved to recommend that staff’s recommendation item #6 (The police
department consider the elimination of providing lock jock services) be reworded as follows:
That the ACO not be responsible for lock jock services. The motion was seconded by
Mrs. Horsey and unanimously carried.
2008 Comprehensive Plan Review
During their meeting of May 13, 2008, members began their review of the update on the
Comprehensive Plan Amendment.
Mrs. Townshend, Director of Planning and Inspections, provided members with additional Chapters
to the Comprehensive Plan Amendment, as follows: Chapter 4 - Citizen Participation; and Chapter 8
- Community Service and Facilities Plan, as well as the schedule for the public workshops to be held
in June 2008. She also distributed Chapter 10 - Economic Development, for members review.
At the request of Mr. Ruane and there being no objections, members deferred consideration of
Chapter 10 - Economic Development.
Regarding the policy of discouraging development of land east of Route 1 as listed under the Land
Use and Development, Mr. Ruane felt that the paragraph indicates that the respondents would
encourage the development as long as the adequate infrastructure was in place. Mrs. Townshend
assured members that staff would review the question asked for further clarification. In response to
Mr. Ruane, Mrs. Townshend concurred that the 2nd paragraph should be split to create two (2)
paragraphs by separating the issue regarding the development east of Route 1 from the criteria for
new development. In reviewing the questionnaire provided to participants, Mr. Ruane urged staff
to utilize the same wording in the paragraphs to explain the responses.
Mr. Ruane moved for adjournment, seconded by Mr. Lewis and unanimously carried.
Page 105
SPECIAL PARKS, RECREATION, AND COMMUNITY
ENHANCEMENT COMMITTEE MEETING OF MAY 27, 2008 PAGE 4
Meeting Adjourned at 1:08 P.M.
Respectfully submitted,
Sophia R. Russell
Chairwoman
SRR/ac/jg/tm
S:\ClerksOffice\PACKETS\2008\Council\06-09-2008\05-27-2008 PR&CE.wpd
Page 106
ACTION FORM
PROCEEDING: City Council AGENDA ITEM NO.: 06/09/2008
DEPARTMENT OF ORIGIN: Public Utilities, Elect. Eng. DATE SUBMITTED: 05/30/2008
PREPARED BY: Ronald H. Lunt, Public Utilities Director
SUBJECT: Evaluation of Bids – Steel poles for Feeders 3 & 4 Phase II
REFERENCE: N/A
RELATED PROJECT: 69 KV Feeders 3 & 4, Phase 1
APPROVALS: City Manager, Controller
EXHIBITS: N/A
EXPENDITURE REQUIRED: $342,222 AMOUNT BUDGETED: $5,623,930*
FUNDING SOURCE (Dept./Page in CIP & Budget): Public Utilities – Electric Engineering, 69 Kv Feeders
3 and 4, CIP page 227R, Account 487-8300-563-90-26, Project EE0601 *FY 08 Revised Budget
TIMETABLE: Materials to be ordered upon Council approval.
RECOMMENDED ACTION: Staff recommends awarding the bid to the low bidder, Valmont/
PennSummit, for the amount of $342,222
BACKGROUND AND ANALYSIS
The materials to be ordered are the tapered steel poles and caisson bases and will be used where self supporting
poles are required for the construction of the transmission lines for Feeders 3 & 4, Phase II. This line will be
constructed from St. Jones Substation to West Street. The specifications included using vibratory steel caissons
as the below grade support structure for the corner poles. There will be a subsequent bid for the Laminated
Wood poles for phase II.
Bids were advertised according to City Policy by the City’s Purchasing Agent under Bid # 08-0091 DPU. The
City received six (6) bid responses. Staff evaluated the bids and the low bidders’ poles met the specifications.
This is a summary of the bids received:
Vendor Name Bid Price
Valmont/PennSummit $342,222
Pelco Structural $405,502
M.D. Henry $455,188
Trans America Power Products $463,657
Saber Tubular Structures $459,980
HD Supply Utilities $484,189
Page 108
DOWNTOWN DOVER PARTNERSHIP
STEERING COMMITTEE
RECOMMENDATIONS OF MAYOR CARLETON E. CAREY, SR.
The Board of Directors shall consist of fifteen (15) directors, appointed from two ( 2 ) categories.
First Category. Six (6) individuals, either elected or appointed, from within the government of the City of Dover
or State government. These individuals shall include the City Manager, the City Planner, members of City Council
and one representative from state government. Individuals in the first category shall be nominated by the Mayor
and confirmed by City Council and will serve on the Board at the pleasure of the Mayor and Council. Vacancies
in this category will be appointed by the Mayor and confirmed by City Council. Individuals in the first category
shall remain as Board Members so long as deemed appropriate by the Mayor and City Council, and so long as they
continue to be either elected or appointed officials within the government of the City of Dover. The individuals in
the second category will be nominated, by the Mayor and confirmed by the City Council. Vacancies in this category
will be nominated by the Mayor and confirmed by City Council.
1. Sophia R. Russell - City Council Member (One Year Term to Expire May 2009)
2. Reuben Salters - City Council Member (One Year Term to Expire May 2009)
3. Timothy A. Slavin - City Council Member (One Year Term to Expire May 2009)
4. Anthony J. DePrima - City Manager (One Year Term to Expire May 2009)
5. Anne Marie Townshend - City Planner (One Year Term to Expire May 2009)
6. Laura Simmons - State of Delaware Representative (One Year Term to Expire May 2009)
Second Category. Nine (9) individuals from the private sector with strong ties and commitment to revitalization
of the downtown Dover area; these individuals should not now hold full-time elected or appointed public office.
These individuals must include a resident of the downtown Dover area or an adjoining neighborhood, a downtown
cultural arts representative, a downtown business owner, a downtown retailer, a real estate professional whose
practice includes the downtown Dover area, a financial services professional whose practice includes the downtown
Dover area, the chief executive officer of Bayhealth or his/her designee, and the president of Wesley College or
his/her designee. Individuals in the second category shall serve a term of three (3) years. These members shall be
eligible for reappointment to the Board. For the initial Board of Directors only, the individuals in the second
category shall be divided into three classes of three individuals. The first class shall serve a term of one (1) year.
The second class shall serve a term of two (2) years. The third class shall serve a term of three ( 3 ) years, after
which each class will all serve three year terms.
1. Gary Patterson - Resident of the Downtown Dover Area (Initial One-Year Term to Expire May 2009)
2. Cindy Small - Downtown Cultural Arts Representative (Initial One-Year Term to Expire May 2009)
3. Gregg Moore - Downtown Business Owner (Initial One-Year Term to Expire May 2009)
4. Tom Smith - Downtown Retailer (Initial Two-Year Term to Expire May 2010)
5. Jim McGinnis - Real Estate Professional Whose Practice Includes the Downtown Dover Area (Initial Two-Year
Term to Expire May 2010)
6. Joe McDaniel - Financial Services Professional Whose Practice Includes the Downtown Dover Area (Initial
Two-Year Term to Expire May 2010)
7. Paul Lakeman - Chief Executive Officer of Bayhealth or His/Her Designee (Initial Three-Year Term to
Expire May 2011)
8. Dr. William Johnston - President of Wesley College or His/Her Designee (Initial Three-Year Term to Expire
May 2011)
9. Ami Sebastian-Hauer - Leader from the Dover Community (Initial Three-Year Term to Expire May 2011)
Page 109
FIRST READING
2008-2009 BUDGET ORDINANCES
GENERAL FUND - CASH RECEIPTS AND BUDGET FOR 2009-2008
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amount hereinafter named aggregating Thirty Seven Million Five Hundred Seventy Three Thousand One Hundred
Seven Dollars ($37,573,107) or so much thereof as may be necessary are hereby appropriated from current revenues and
other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008,
and ending June 30, 2009:
2007-08 2008-09
REVISED BUDGET
RECEIPTS
PRIOR YEAR BALANCE $ 4,051,979 $ 3,910,144
FINES AND POLICE REVENUE 671,000 671,000
911 FEE 64,000 64,000
INVESTMENT INCOME 355,850 234,000
LIBRARY REVENUES 58,699 59,873
KENT COUNTY BOOK REIMBURSEMENT 450,000 459,000
BUSINESS LICENSES 1,410,000 1,450,000
PERMITS AND OTHER LICENSES 1,306,000 1,120,000
DEMOLITION REVENUE
MISCELLANEOUS CHARGES
POLICE EXTRA DUTY
PROPERTY TAXES
BID REVENUE
RECREATION REVENUE
FRANCHISE FEE
TRASH FEES
ft
DSWA TRASH FEE REBATE
23,166
45,750
393,169
9,523,080
115,000
422,000
1,191,411
167,559
-
54,250
393,169
10,042,473
53,264
187,000
426,220
-
1,246,411
170,000
ra RENT REVENUE - GARRISON FARM
COURT OF CHANCERY FEES
INTERNET REVENUE
CURBSIDE RECYCLING
RECEIPTS SUBTOTAL
INTERFUND SERVICE RECEIPTS
INTRAFUND SERVICE RECEIPTS WATER/WASTEWATER
INTRAFUND SERVICE RECEIPTS ELECTRIC
INTERFUND SERVICE RECEIPTS SUBTOTAL
GRANTS:
POLICE RELATED
STATE GRANT - TRAIL MAINTENANCE
35,533
815,860
1,894
21,101,950
1,025,557
3,590,913
4,616,470
40,000
-
-
41,535
815,860
21,398,199
1,063,478
3,725,512
4,788,990
40,000
-
-
-
D CAPITAL SCHOOL DISTRICT REVENUE
RECREATION GRANTS
INSURANCE AGENCY FIRE SAFETY GRANT
MISC GRANT REVENUE
HOMELAND SECURITY GRANT
SALE OF ASSETS
GRANTS SUBTOTAL
TRANSFERS FROM:
TRANSFER TAX
MUNICIPAL STREET AID
CIVIL TRAFFIC PENALTIES
WATER/WASTEWATER
ELECTRIC
PARKLAND RESERVE
LIBRARY RESERVE
CAPITAL ASSET RESERVE
WORKER'S COMP FUND
DELAWARE PREVENTION NETWORK
TRANSFERS FROM SUBTOTAL
37,440
20,000
500
97,940
3,690,000
709,694
500,000
565,000
6,601,269
41,780
12,107,743
-
-
-
-
-
-
-
37,440
25,000
102,440
2,650,222
710,346
500,000
564,810
6,758,100
100,000
-
-
-
-
-
-
-
-
11,283,478
TOTALS $ 37,924,103 $ 37,573,107
1
Page 110
GENERAL FUND – CONTINUED
CASH RECEIPTS AND BUDGET FOR 2008-2009
2007-08 2008-09
REVISED BUDGET
DEPARTMENT EXPENSES:
CITY CLERK $ 252,508 $ 315,721
COUNCIL 125,399 137,190
TAX ASSESSOR 270,503 689,725
FIRE 676,760 716,000
GROUNDS MAINTENANCE 1,068,416 1,148,999
LIBRARY 1,145,983 1,180,307
RECREATION 636,609 937,716
LIFE SAFETY - 325,511
CODE INFORCEMENT - 383,218
PLANNING 426,227 486,786
INSPECTIONS 1,099,178 552,442
ECONOMIC DEVELOPMENT - 315,331
POLICE 11,353,550 12,496,812
POLICE EXTRA DUTY 335,190 452,280
STREETS 795,075 861,436
SANITATION 2,061,082 2,225,611
CITY MANAGER 606,578 588,343
INFORMATION TECHNOLOGY 779,754 892,841
FINANCE 779,507 793,705
PUBLIC SERVICES - ADMINISTRATION 386,877 360,091
FACILITIES MANAGEMENT
PUBLIC WORKS - ENGINEERING
CENTRAL SERVICES
FLEET MAINTENANCE
CUSTOMER SERVICES
HUMAN RESOURCES
MAYOR
DEPARTMENT SUBTOTALS
OTHER EXPENSES:
ft 1,029,017
-
719,062
634,648
1,178,747
417,220
128,697
26,906,587
1,134,369
-
769,481
702,775
1,002,367
446,119
98,437
30,013,613
ra DEBT SERVICE
TRANSFER TO CONTINGENCY
DSWA RECYCLING PROGRAM
INSURANCE
RETIREES HEALTH CARE
RETIREES PAYMENTS
UNCOLLECTIBLES - TRASH AND OTHER
STREET LIGHTS
OTHER EXPENSE SUBTOTAL
GRANTS
IT EMERGENCY PREPAREDNESS PLAN
GRANTS SUBTOTAL
TRANSFERS
TRANSFER TO OPEB
437,468
34,500
-
472,000
755,741
-
10,000
920,000
2,629,709
-
-
-
442,319
-
-
500,000
853,987
100,000
10,000
985,000
2,891,306
-
-
-
D
2.
TRANSFER TO PENSION UNFUNDED LIABILITY
TRANSFER TO PENSION COLA
TRANSFER TO CAPITAL ASSET RESERVE
TRANSFER TO CAPITAL FUND - PROJECTS
TRANSFER TO CAPITAL FUND - RESERVE
TRANSFER TO STREET PROGRAM
TRANSFER TO PARKLAND/RECREATION RESERVE
TRANSFER TO LIBRARY RESERVE
TRANSFER TO CDBG FUND
INVENTORY WRITE OFFS
TRANSFERS SUBTOTAL
CURRENT YEAR BALANCE
TOTALS $
89,850
44,925
-
2,683,062
-
-
-
1,649,109
10,717
-
4,477,663
3,910,144
37,924,103 $
-
-
-
1,857,797
-
-
-
-
11,000
-
1,868,797
2,799,391
37,573,107
The City Manager is hereby authorized, without further approval of the City Council, to make inter-departmental
transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager
shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
2
Page 111
2008-2009 BUDGET ORDINANCES - CONTINUED
GOVERNMENTAL CAPITAL PROJECTS FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Three Million Seven Hundred Forty Seven Thousand Seven Hundred
Ninety Seven Dollars ($3,747,797) or so much thereof as may be necessary are hereby appropriated from current
revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning
July 1, 2008, and ending June 30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
BEGINNING BALANCE - PROJECTS $ - $ 185,000
MISCELLANEOUS REVENUES 114,058 -
INTEREST EARNINGS 43,600 65,000
RECREATION GRANTS - 440,000
ft
TRANSFER FROM RESERVE
TRANSFER FROM GENERAL FUND FOR PROJECTS
TRANSFER FROM PARKLAND RESERVE (JWP CNTR)
TRANSFER FROM LIBRARY RESERVE
GIFTS/DONATIONS (JWP CNTR)
TRANSFER FROM GENERAL FUND FOR RESERVE
TOTALS $
135,515
2,683,062
2,132,369
10,094
83,000
-
5,201,698 $
-
1,857,797
-
1,200,000
-
-
3,747,797
ra
D
3
Page 112
GOVERNMENTAL CAPITAL PROJECTS FUND – CONTINUED
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
EXPENSE SUMMARY
2007-08 2008-09
REVISED BUDGET
DEPARTMENT EXPENSES:
CITY CLERK $ - $ -
COUNCIL - -
TAX ASSESSOR 61,030 -
FIRE 282,910 296,210
GROUNDS MAINTENANCE 129,913 109,500
LIBRARY 10,094 1,200,000
RECREATION 2,410,539 530,000
LIFE SAFETY - 4,200
PLANNING - -
INSPECTIONS 96,000 -
ECONOMIC DEVELOPMENT - -
POLICE 343,720 266,126
STREETS 518,500 727,470
SANITATION 638,315 315,000
CITY MANAGER
INFORMATION TECHNOLOGY
FINANCE
PUBLIC SERVICES - ADMINISTRATION
FLEET MAINTENANCE
CUSTOMER SERVICES
ft
FACILITIES MANAGEMENT
CENTRAL SERVICES
256,000
40,100
59,800
21,000
34,719
-
-
-
110,915
38,380
140,000
9,996
-
-
-
-
ra HUMAN RESOURCES
MAYOR
DEPARTMENT SUBTOTAL
TRANSFERS
TRANSFER TO CAPITAL ASSET RESERVE
TRANSFER TO PARKLAND RESERVE
TRANSFER TO GENERAL FUND
TRANSFER SUBTOTAL
CURRENT YEAR BALANCE
TOTALS $
4,902,640
6,092
107,966
114,058
185,000
5,201,698
-
-
-
-
$
3,747,797
3,747,797
-
-
-
-
-
-
-
-
D
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
4
Page 113
2008-2009 BUDGET ORDINANCES - CONTINUED
GENERAL FUND CONTINGENCY
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Six Hundred Seventy Nine Thousand Seven Hundred Fifty Four Dollars
($679,754) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds
for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending
June 30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
BEGINNING BALANCE $ 645,254 $ 679,754
INTEREST EARNINGS -
TRANSFER FROM GENERAL FUND 34,500 -
TOTALS
ft EXPENSE SUMMARY
$ 679,754
2007-08
REVISED
$ 679,754
2008-09
BUDGET
2.
ra TRANSFER TO GENERAL FUND
TRANSFER TO OPEB
TRANSFER TO LIBRARY FUND
CARRY FORWARD TO NEXT YEAR
TOTALS
$
$
-
-
-
679,754
679,754
$
$
-
-
-
679,754
679,754
The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
D
5
Page 114
2008-2009 BUDGET ORDINANCES - CONTINUED
MUNICIPAL STREET AID FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Seven Hundred Ten Thousand Four Hundred Forty Six Dollars
($710,446) so much as may be necessary are hereby appropriated from current revenues and other funds for the use
by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June
30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
BEGINNING BALANCE $ 146 $ 446
STATE GRANT 709,694 710,000
ft
INTEREST EARNED
TOTALS $
BUDGET SUMMARY
300
710,140
2007-08
REVISED
$
-
710,446
2008-09
BUDGET
2. ra TRANSFER TO GENERAL FUND
CURRENT YEAR BALANCE
TOTALS
$
$
709,694
446
710,140
$
$
710,346
100
710,446
The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
D
6
Page 115
2008-2009 BUDGET ORDINANCES - CONTINUED
WATER/WASTEWATER FUND
REVENUE AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Thirteen Million Four Hundred Eighty Thousand Five Hundred Dollars
($13,480,500) or so much as may be necessary are hereby appropriated from current revenues and other funds for the
use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending
June 30, 2009:
2007-08 2008-09
REVISED BUDGET
BASE REVENUE:
PRIOR YEAR BALANCE - WATER $ 2,220,461 $ 449,977
PRIOR YEAR BALANCE - WASTEWATER 1,092,732 643,949
PRIOR YEAR BALANCE - KCSA (1,020,761) (364,750)
WATER FEES 4,343,428 4,386,862
WASTEWATER FEES 2,508,600 2,533,686
ft
WASTEWATER ADJUSTMENT FEES
WATER TANK SPACE LEASING
SEWER IMPACT FEES
WATER IMPACT FEES
INTEREST EARNINGS
INTEREST TRANSFERS
MISCELLANEOUS SERVICE FEE
REVENUE SUBTOTAL
4,264,357
237,986
746,500
25,200
104,000
-
61,800
14,584,303
4,307,001
250,275
712,500
196,000
104,000
-
61,000
13,280,500
ra GRANTS AND REIMBURSEMENTS:
STATE REIMBURSEMENT
GRANT REVENUE
GRANTS AND REIMBURSEMENTS SUBTOTAL
TRANSFERS FROM:
TRANSFER FROM CAPITAL ASSET RESERVE
TRANSFER FROM CONTINGENCY
TRANSFERS FROM SUBTOTAL
-
-
-
-
-
-
200,000
-
200,000
-
-
-
D TOTALS $ 14,584,303 $ 13,480,500
7
Page 116
WATER/WASTEWATER FUND - CONTINUED
REVENUE AND BUDGET FOR 2008-2009
2007-08 2008-09
REVISED BUDGET
DIRECT EXPENSES:
ENGINEERING & INSPECTION $ 615,632 $ 715,412
WATER CONSTRUCTION 504,419 516,094
WATER DEPARTMENT 895,259 524,512
WATER TREATMENT PLANT 963,602 1,379,878
WASTEWATER DEPARTMENT 907,826 1,250,484
METER READING 64,863 73,577
KENT COUNTY TREATMENT CHARGE 3,608,346 3,644,430
DIRECT EXPENDITURE SUBTOTAL 7,559,947 8,104,387
OTHER EXPENSES:
DEBT SERVICE - WATER 79,060 501,360
DEBT SERVICE - WASTEWATER 101,817 334,240
RETIREES HEALTH CARE 113,730 128,515
ft
INTRAFUND SERVICE FEES
OTHER EXPENSES SUBTOTAL
TRANSFER TO:
GENERAL FUND FROM WATER
GENERAL FUND FROM WASTEWATER
WATER IMP AND EXT
1,324,490
1,619,097
282,500
282,500
2,660,500
1,327,876
2,291,991
221,204
343,606
500,000
ra WASTEWATER IMP AND EXT
TRANSFER TO OPEB
TRANSFER TO PENSION UNFUNDED LIABILITY
TRANSFER TO PENSION COLA
SEWER IMPACT FEE RESERVE
WATER IMPACT FEE RESERVE
CAPITAL ASSET RESERVE WATER
CAPITAL ASSET RESERVE WASTEWATER
TRANSFER TO SUBTOTAL
CURRENT YEAR BALANCES
CURRENT YEAR BALANCE WATER
775,300
-
20,400
10,200
644,683
-
-
-
4,676,083
449,977
200,000
-
-
-
378,260
-
-
-
1,643,070
599,876
D
2.
CURRENT YEAR BALANCE WASTEWATER
CURRENT YEAR BALANCE KCSA
CURRENT YEAR BALANCE SUBTOTALS
TOTALS $
643,949
(364,750)
729,176
14,584,303 $
543,355
297,821
1,441,052
13,480,500
The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
8
Page 117
2008-2009 BUDGET ORDINANCES - CONTINUED
WATER/WASTEWATER IMPROVEMENT & EXTENSION FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Thirteen Million Eight Hundred Twenty Four Thousand One Hundred Fifty
Three Dollars ($13,824,153) or so much as may be necessary are hereby appropriated from current revenues and
other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1,
2008, and ending June 30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE - WATER $ 275,134 $ 912,621
PRIOR YEAR BALANCE - WASTEWATER 284,969 915,232
PRIOR YEAR BOND PROCEED BALANCE SERIES 2009 - -
PRIOR YEAR BOND PROCEEDS - WASTEWATER
BOND PROCEEDS - WATER
ft
BOND PROCEEDS - WASTEWATER
TRANS FR WATER/WASTEWATER FOR WATER
TRANS FR WATER/WASTEWATER FOR WASTEWATER
TRANSFER FROM IMPACT FEE RESERVE
TRANSFER FROM CAPITAL ASSET RESERVE -WATER
TRANSFER FROM CAPITAL ASSET RESERVE -WASTEWATER
-
-
-
2,660,500
775,300
850,000
-
-
-
6,325,800
4,934,500
500,000
200,000
-
-
-
ra MISCELLANEOUS RECEIPTS
DEVELOPER CONTRIBUTIONS
STATE GRANTS/REIMBURSEMENTS
INTEREST INCOME
TOTALS
EXPENSE SUMMARY
$
12,986
20,000
140,000
24,000
5,042,889
2007-08
REVISED
-
-
-
36,000
$ 13,824,153
2008-09
BUDGET
D
2.
WATER
WASTEWATER
WATER METER READING
WATER TREATMENT PLANT
WATER CONSTRUCTION
ENGINEERING & INSPECTION
TRANSFER TO IMPACT FEE RESERVE
CURRENT YEAR BALANCE - WATER BOND
CURRENT YEAR BALANCE - WASTEWATER BOND
CURRENT YEAR BALANCE - WATER
CURRENT YEAR BALANCE - WASTEWATER
TOTALS
$
$
2,096,857
1,006,481
5,648
18,150
39,450
48,450
-
-
-
912,621
915,232
5,042,889
$ 3,058,450
4,632,150
29,000
15,445
-
3,848,800
1,067,700
812,448
360,160
$ 13,824,153
The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
9
Page 118
2008-2009 BUDGET ORDINANCES - CONTINUED
WATER/WASTEWATER CAPITAL ASSET RESERVE ACCOUNT
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating One Million Seven Hundred Thirty Seven Thousand One Hundred Twenty
Four Dollars ($1,737,124) or so much as may be necessary are hereby appropriated from current revenues and other
funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008,
and ending June 30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
BEGINNING BALANCE 1,621,624 1,678,380
INTEREST EARNINGS 56,756 58,744
ft
TRANSFER FROM WATER/WASTEWATER FUND
TRANSFER FROM WATER/WASTEWATER CONTINGENCY
TOTALS
EXPENSE SUMMARY
-
-
1,678,380
2007-08
-
-
1,737,124
2008-09
2.
ra TRANSFER TO WATER/WASTEWATER I &E FUND
TRANSFER TO WATER/WASTEWATER
CARRY FORWARD TO NEXT YEAR
TOTALS
REVISED
-
-
1,678,380
1,678,380
BUDGET
-
200,000
1,537,124
1,737,124
The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
D
10
Page 119
2008-2009 BUDGET ORDINANCES - CONTINUED
WATER/WASTEWATER CONTINGENCY RESERVE ACCOUNT
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Two Hundred Forty Five Thousand Eight Hundred Thirty Two Dollars
($245,832) or so much as may be necessary are hereby appropriated from current revenues and other funds for the
use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending
June 30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE $ 229,487 $ 237,519
ft
INTEREST EARNINGS
TRANSFER FROM WATER/WASTEWATER
TOTALS
BUDGET SUMMARY
$
8,032
237,519 $
8,313
245,832
ra TRANSFER TO WATER
TRANSFER TO WASTEWATER
TRANSFER TO CAPITAL ASSET RESERVE
CURRENT YEAR BALANCE
TOTALS
$
$
2007-08
REVISED
237,519
237,519
-
-
-
$
$
2008-09
BUDGET
245,832
245,832
-
-
-
D
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
11
Page 120
2008-2009 BUDGET ORDINANCES
ELECTRIC REVENUE FUND
REVENUE AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating One Hundred Ten Million Seven Hundred Eighty Seven Thousand
Twenty Three Dollars ($110,787,023) or so much as may be necessary are hereby appropriated from current revenues
and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July
1, 2008, and ending June 30, 2009:
2007-08 2008-09
REVISED BUDGET
BASE REVENUE:
PRIOR YEAR BALANCE $ 8,281,653 $ 6,816,609
DIRECT SALES TO CUSTOMER 91,239,700 92,081,400
PURCHASE POWER ADJUSTMENT - 6,445,700
UTILITY TAX 1,633,100 1,763,500
GREEN ENERGY 134,350 137,600
MISCELLANEOUS REVENUE
RENT REVENUE
DUKE CONTRACT REVENUE
EMISSION CREDIT SALES
ft
TRANSFER FROM RATE STABILIZATION
INTRAFUND SERVICE RECEIPTS WATER/WASTEWATER
INTEREST EARNINGS
1,183,030
186,816
-
1,068,190
-
298,933
470,000
1,041,000
186,816
1,632,000
264,398
418,000
-
-
ra TOTALS $ 104,495,772 $ 110,787,023
D
12
Page 121
2008-2009 BUDGET ORDINANCES - CONTINUED
ELECTRIC REVENUE FUND - CONTINUED
REVENUE AND BUDGET FOR 2008-2009
2007-08 2008-09
REVISED BUDGET
EXPENSES:
POWER SUPPLY $ 57,431,472 $ 63,410,077
POWER SUPPLY MANAGEMENT 3,009,240 3,088,808
PJM CHARGES - LOAD 3,383,494 3,510,195
CAPACITY CHARGES 12,163,918 10,692,738
SUB-TOTAL POWER SUPPLY 75,988,124 80,701,818
PLANT OPERATIONS 5,879,263 5,921,646
GENERATIONS FUELS 2,374,594 2,382,179
PJM CREDITS (2,472,013) (2,552,753)
CAPACITY CREDITS (11,417,244) (9,265,997)
GENERATION SUBTOTAL (5,635,400) (3,514,925)
ft
POWER SUPPLY & GENERATION SUBTOTAL
TRANSITION COSTS
TRANSMISSION/DISTRIBUTION
ELECTRICAL ENGINEERING
ADMINISTRATION
METER READING
SYSTEMS OPERATIONS
70,352,724
3,490,597
1,574,607
786,998
311,493
545,809
77,186,893
3,681,080
1,672,387
666,745
295,656
553,954
ra UTILITY TAX
DIRECT EXPENDITURE SUBTOTALS
OTHER EXPENSES:
ALLOW FOR UNCOLLECTIBLES
RETIREES HEALTH CARE
GREEN ENERGY PAYMENT TO DEMEC
INTRAFUND SERVICE FEES
INTEREST ON DEPOSITS
INVENTORY WRITE OFFS
DEBT SERVICE
OTHER EXPENSES SUBTOTAL
1,633,100
78,695,328
125,000
497,895
134,350
3,590,913
40,000
175,000
2,804,104
7,367,262
1,763,500
85,820,215
135,000
557,727
137,600
3,725,512
42,000
175,000
3,431,323
8,204,162
D
2.
TRANSFER TO:
IMPROVEMENT & EXTENSION
GENERAL FUND
TRANSFER TO OPEB
TRANSFER TO PENSION UNFUNDED LIABILITY
TRANSFER TO PENSION COLA
RATE STABILIZATION RESERVE
TRANSFER TO SUBTOTAL
CURRENT YEAR BALANCE
TOTALS $
2,925,000
6,601,269
-
39,750
19,875
2,030,679
11,616,573
6,816,609
104,495,772 $
1,684,000
6,758,100
-
-
-
-
8,442,100
8,320,546
110,787,023
The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
13
Page 122
2008-2009 BUDGET ORDINANCES - CONTINUED
ELECTRIC UTILITY IMPROVEMENT & EXTENSTION FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Eighteen Million Five Hundred Seventy Six Thousand Three Hundred
Seven Dollars ($18,576,307) or so much as may be necessary are hereby appropriated from current revenues and
other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1,
2008, and ending June 30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE $ 1,366,983 $ 229,629
PRIOR YEAR BALANCE BOND - 10,694,083
INTEREST EARNINGS 160,000 113,037
ft
INTEREST TRUSTEE
ELECTRIC NEW SERVICE FEES
RECEIPT FROM DEPRECIATION RESERVE
RECEIPT FROM FUTURE CAPACITY RESERVE
TRANSPORTATION ENHANCEMENT GRANT
STATE REIMBURSEMENT FOR PROJECTS
GREEN ENERGY GRANT
BOND ISSUE 2008
-
4,699,579
1,000,000
-
-
-
19,500,000
-
-
2,000,000
3,000,000
-
805,558
50,000
-
ra TRANSFER FROM ELECTRIC
TOTALS
EXPENSE SUMMARY
2,925,000
$ 29,651,562
2007-08
REVISED
1,684,000
$ 18,576,307
2008-09
BUDGET
D
2.
ELECTRIC GENERATION
TRANSMISSION AND DISTRIBUTION
ELECTRICAL ENGINEERING
ADMINISTRATION
METER READING
SYSTEMS OPERATIONS
CURRENT YEAR BALANCE
CURRENT YEAR BALANCE -BOND
TOTALS
$
1,515,803
16,389,149
10,694,083
$ 29,651,562
The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
777,000
25,498
20,400
-
229,629
$ 2,690,000
933,500
9,556,887
-
-
5,395,920
$ 18,576,307
-
-
14
Page 123
2008-2009 BUDGET ORDINANCES - CONTINUED
ELECTRIC UTILITY CONTINGENCY RESERVE ACCOUNT
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Nine Hundred Seven Thousand Three Hundred Thirty Two Dollars
($907,332) or so much as may be necessary are hereby appropriated from current revenues and other funds for the
use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending
June 30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
BEGINNING BALANCE $ 847,032 $ 876,632
INTEREST EARNINGS 29,600 30,700
ft
TRANSFER FROM INSURANCE STABILIZATION
TRANSFER FROM ELECTRIC REVENUE
TOTALS $
-
-
876,632 $
-
-
907,332
ra TRANSFER TO ELECTRIC FUND
TRANSFER TO RATE STABILIZATION FUND
CARRY FORWARD TO NEXT YEAR
TOTALS
EXPENSE SUMMARY
$
$
2007-08
REVISED
-
-
876,632
876,632
$
$
2008-09
BUDGET
-
-
907,332
907,332
D
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
15
Page 124
2008-2009 BUDGET ORDINANCES - CONTINUED
ELECTRIC UTILITY DEPRECIATION RESERVE ACCOUNT
SOURCES AND USES OF FUNDS FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Nine Million Three Hundred Ninety Four Thousand Nine Hundred Four
Dollars ($9,394,904) or so much as may be necessary are hereby appropriated from current revenues and other funds
for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and
ending June 30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE $ 13,535,183 $ 9,144,804
RECEIPT FROM ELECTRIC REVENUE FUND
ft
INTEREST EARNINGS
TOTALS
309,200
$ 13,844,383
BUDGET SUMMARY
$
250,100
9,394,904
2.
ra TRANSFER TO IMPROVEMENT AND EXTENSION
TRANSFER TO INSURANCE STABILIZATION
FOR CAPITAL ITEMS
CURRENT YEAR BALANCE
TOTALS
$
2007-08
REVISED
4,699,579
-
9,144,804
$ 13,844,383
$
$
2008-09
BUDGET
2,000,000
-
7,394,904
9,394,904
The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
D of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
16
Page 125
2008-2009 BUDGET ORDINANCES - CONTINUED
ELECTRIC UTILITY FUTURE CAPACITY ACCOUNT
SOURCES AND USES OF FUNDS FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Eight Million Four Hundred Twenty Thousand Six Hundred Ninety Two
Dollars ($8,420,692) or so much as may be necessary are hereby appropriated from current revenues and other funds
for the use by the several departments of the Municipal Government for the fiscal year beginning July 1,
2008, and ending June 30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE $ 8,958,792 $ 8,237,392
RECEIPT FROM ELECTRIC REVENUE FUND - -
ft
INTEREST EARNINGS
TOTALS
BUDGET SUMMARY
$
278,600
9,237,392 $
183,300
8,420,692
2.
ra TRANSFER TO IMPROVEMENT AND EXTENSION
CURRENT YEAR BALANCE
TOTALS
$
$
2007-08
REVISED
1,000,000
8,237,392
9,237,392
$
$
2008-09
BUDGET
3,000,000
5,420,692
8,420,692
The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
D
17
Page 126
2008-2009 BUDGET ORDINANCES - CONTINUED
ELECTRIC UTILITY INSURANCE STABILIZATION ACCOUNT
SOURCES AND USES OF FUNDS FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Three Hundred Seventy Six Thousand Two Hundred Fifty Five Dollars
($376,255) or so much as may be necessary are hereby appropriated from current revenues and other funds for the
use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending
June 30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE $ 351,255 $ 363,555
ft
RECEIPT FROM ELECTRIC DEPRECIATION RESERVE FUND
INTEREST EARNINGS
TOTALS $
-
12,300
363,555 $
-
12,700
376,255
2.
ra BUDGET SUMMARY
TRANSFER TO ELECTRIC REVENUE CONTINGENCY
CURRENT YEAR BALANCE
TOTALS
$
$
2007-08
REVISED
-
363,555
363,555
$
$
2008-09
BUDGET
-
376,255
376,255
The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
D of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
18
Page 127
2008-2009 BUDGET ORDINANCES - CONTINUED
ELECTRIC UTILITY RATE STABILIZATION ACCOUNT
SOURCES AND USES OF FUNDS FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Two Million Five Hundred Eight Thousand Five Hundred Sixty Two
Dollars ($2,508,562) or so much as may be necessary are hereby appropriated from current revenues and other funds
for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and
ending June 30, 2009:
CASH RECEIPTS
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE $ 379,783 $ 2,423,762
ft
RECEIPT FROM ELECTRIC REVENUE FUND
RECEIPT FROM ELECTRIC CONTINGENCY
INTEREST EARNINGS
TOTALS $
2,030,679
-
13,300
2,423,762 $
-
-
84,800
2,508,562
ra TRANSFER TO ELECTRIC
CURRENT YEAR BALANCE
TOTALS
BUDGET SUMMARY
$
$
2007-08
REVISED
2,423,762
2,423,762
- $
$
2008-09
BUDGET
2,508,562
2,508,562
-
D
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
19
Page 128
2008-2009 BUDGET ORDINANCES - CONTINUED
WORKERS COMPENSATION FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating One Million Nine Hundred Thirty Eight Thousand Twenty Dollars
($1,938,020) or so much as may be necessary are hereby appropriated from current revenues and other funds for the
use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending
June 30, 2009:
OPERATING REVENUES
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE $ 1,403,393 $ 1,236,346
INTEREST INCOME 78,000 37,000
ft
PREMIUM FROM CITY
INSURANCE REFUND
TRANSFER FROM GENERAL
TRANSFER FROM WATER/WASTEWATER
TRANSFER FROM ELECTRIC
TOTALS $
514,703
-
-
-
-
1,996,096 $
664,674
-
-
-
-
1,938,020
ra OPERATING EXPENSES
PROGRAM EXPENSES/SUPPLIES - CLAIMS
INSURANCE
BANK FEES
STATE OF DEL - SELF INSURANCE TAX
CONTRACTUAL SERVICES
TRANSFER TO PENSION FUND
$
2007-08
REVISED
294,800
87,000
1,600
47,000
29,350
300,000
$
2008-09
BUDGET
400,000
93,400
1,600
50,000
32,000
-
D
2.
TRANSFER TO GENERAL FUND FOR RETIREES
TOTAL EXPENSES
CURRENT YEAR BALANCE
TOTALS $
-
759,750
1,236,346
1,996,096 $
100,000
677,000
1,261,020
1,938,020
The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
20
Page 129
2008-2009 BUDGET ORDINANCES - CONTINUED
COMMUNITY TRANSPORTATION IMPROVEMENT FUND
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating One Million Two Hundred Twenty Seven Thousand Four Hundred
Fourteen Dollars ($1,227,414) or so much as may be necessary are hereby appropriated from current revenues and
other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1,
2008, and ending June 30, 2009:
OPERATING REVENUES
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE $ 308,414 $ 308,414
ft
GRANTS REVENUE
TRANSFER FROM GENERAL
INTEREST INCOME
TOTALS $
1,055,000
350,000
-
1,713,414 $
500,000
400,000
19,000
1,227,414
ra PROGRAM EXPENSES
OPERATING TRANSFERS OUT
CURRENT YEAR BALANCE
TOTALS
OPERATING EXPENSES
$
$
2007-08
REVISED
1,405,000
-
308,414
1,713,414
$
$
2008-09
BUDGET
900,000
-
327,414
1,227,414
D
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
21
Page 130
2008-2009 BUDGET ORDINANCES - CONTINUED
OPEB (POST-RETIREMENT BENEFITS) RESERVE ACCOUNT
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Four Million Nine Hundred Seventy One Thousand Five Hundred Fifty Two
Dollars ($4,971,552) or so much as may be necessary are hereby appropriated from current revenues and other funds for
the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending
June 30, 2009:
OPERATING REVENUES
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE $ 4,204,000 $ 4,354,000
INTEREST INCOME 150,000 118,000
ft
TRANSFER FROM GENERAL
TRANSFER FROM GENERAL CONTINGENCY
TRANSFER FROM WATER/WASTEWATER
TRANSFER FROM ELECTRIC
TOTALS $
-
-
-
-
4,354,000 $
380,440
-
44,027
75,085
4,971,552
ra CURRENT YEAR BALANCE
TOTALS
OPERATING EXPENSES
$
$
2007-08
REVISED
4,354,000
4,354,000
$
$
2008-09
BUDGET
4,971,552
4,971,552
D
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any
transfers prohibited by City Procedure #F306 and/or #F306ADD.
22
Page 131
2008-2009 BUDGET ORDINANCES - CONTINUED
PARKLAND/RECREATION RESERVE ACCOUNT
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating One Hundred Thirteen Thousand One Hundred Sixty Two Dollars
($113,162) or so much as may be necessary are hereby appropriated from current revenues and other funds for the
use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending
June 30, 2009:
OPERATING REVENUES
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE $ 1,774,531 $ 113,162
ft
GENERAL FUND APPROPRIATION
PAYMENT IN LIEU OF PARKLAND
TRANSFER FROM LIBRARY RESERVE
TRANSFER FROM CTF
INTEREST INCOME
TOTALS $
-
107,000
334,000
-
30,000
2,245,531 $
-
-
-
-
-
113,162
ra OPERATING EXPENSES
TRANSFER TO GENERAL CAPITAL PROJECTS FUND
CURRENT YEAR BALANCE
TOTALS
$
$
2007-08
REVISED
2,132,369
113,162
2,245,531
$
$
2008-09
BUDGET
113,162
113,162
-
D
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
23
Page 132
2008-2009 BUDGET ORDINANCES - CONTINUED
LIBRARY RESERVE ACCOUNT
CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. The amounts hereinafter named aggregating Three Million Eight Hundred Ninety One Thousand Two Hundred Fifty
Dollars ($3,891,250) or so much as may be necessary are hereby appropriated from current revenues and other funds
for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and
ending June 30, 2009:
OPERATING REVENUES
2007-08 2008-09
REVISED BUDGET
PRIOR YEAR BALANCE $ 2,373,776 $ 3,760,000
ft
GENERAL FUND APPROPRIATION
TRANSFER FROM GENERAL CONTINGENCY
INTEREST INCOME
TOTALS $
1,649,109
-
122,989
4,145,874 $
-
-
131,250
3,891,250
ra TOTALS
OPERATING EXPENSES
TRANSFER TO PARKLAND RESERVE
TRANSFER TO CAPITAL PROJECT FUND
TRANSFER TO GENERAL FUND
CURRENT YEAR BALANCE
$
$
2007-08
REVISED
334,000
10,094
41,780
3,760,000
4,145,874
$
$
2008-09
BUDGET
-
1,200,000
-
2,691,250
3,891,250
D
2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers
of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not
make any transfers prohibited by City Procedure #F306 and/or #F306ADD.
24
Page 133
2008-2009 BUDGET ORDINANCES - CONTINUED
PAY FOR PERFORMANCE CALCULATION WORKSHEET/NON-BARGAINING EMPLOYEES
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the Pay for Performance Calculation Worksheet hereinafter is hereby adopted for the Fiscal Year Beginning July
1, 2008, and ending June 30, 2009:
PERFORMANCE SCORES
PFP SCORE ADJUSTMENT
Employee Above Employee Above Employee At Employee Below
From To
Maximum Market Market Market
0 19 ‐ ‐ ‐ ‐
20 29 ‐ 1.75% 2.50% 3.00%
30 35 2.00% 2.50% 3.25% 4.25%
36 41 2.75% 3.25% 4.00% 6.00%
42 50 3.50% 4.00% 4.75% 6.50%
ADOPTED:
ft
ra
D
25
Page 134
FIRST READING
CITY OF DOVER ORDINANCE #2008-30
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 The amount hereinafter named aggregating Fifty-three thousand, two hundred and forty-two dollars
4 ($53,242) or so much thereof as may be necessary are hereby appropriated from current revenues and
5 other funds for the use by the City of Dover/Main Street, Inc. for the fiscal year beginning July 1, 2008,
6 and ending June 30, 2009:
7 DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT
8 CASH RECEIPTS BUDGET FOR 2008-09
9
10
11
12
ft
BID TAX REVENUE AND EXPENSES CHARGED AGAINST THIS REVENUE
ADMINISTERED THROUGH MAIN STREET, INC.
REVENUE
Tax Revenue
PROPOSED
$53,242
ra
13
14
15
16
17
ADOPTED: *
EXPENSES
Personnel & Administration Expenses
Actions History:
$53,242
D
18 May 27, 2008 - Introduced at Legislative, Finance and Administration Committee
Page 135
DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT
TAX CALCULATION WORKSHEET
JULY 1, 2008 TO JUNE 30, 2009
ZONE 1 ZONE 2 ZONE 3 TOTAL
Aggregate Assessments $32,361,100 $58,864,900 $29,621,700 $120,847,700
Assessment Tax Rate per $100 0.0822 0.0362 0.0180 ---
Revenue Raised $26,601 $21,309 $5,332 $53,242
% Revenue Raised 50% 40% 10% 100%
Number of Parcels 122 113 49 284
Average Assessment $218 $189 $109 $187
NOTE: These figures were estimated per the reassessed values. The revenue percentages by
Zone are per the City of Dover Code Appendix D-Article III, Section 9(e).
JULY 1, 2007 TO JUNE 30, 2008
ZONE 1 ZONE 2 ZONE 3 TOTAL
Aggregate Assessments $32,561,600 $58,496,500 $29,621,700 $120,679,800
Assessment Tax Rate per $100 0.0849 0.0362 0.0150 ---
Revenue Raised $27,645 $21,176 $4,443 $53,264
% Revenue Raised 52% 40% 8% 100%
Number of Parcels 122 113 49 284
Average Assessment $227 $187 $91 $188
NOTE: These figures were estimated per the reassessed values. The revenue percentages by
Zone are per the City of Dover Code Appendix D-Article III, Section 9(e).
S:\ClerksOffice\PACKETS\2008\Committee\LF&A\05-27-2008\DDDC-BID FY2009.rtf
3
Page 136
Zone 2
Zone 1
Zone 3
City of Dover
Map Created by:
«
Department of Planning and Inspections Business Improvement District 0 250 500 1,000 Feet
Date Map Created: 6-22-06
Page 137
FIRST READING
CITY OF DOVER ORDINANCE # 2008-11
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Chapter 22 – Buildings and Building Regulations, Article III - Building Code, be amended by
4 inserting the text indicated in bold, red and deleting the text indicated in red strikeout as follows:
5 Sec. 22-65. Permit fees.
6 (a) Building permits. Each applicant for a building permit shall pay unto the city a permit
7 fee computed as follows before such permit shall be issued: The sum of $25.00 for the first
8 $1,000.00 of costs and $8.00 $9.00 for each additional $1,000.00 of costs or multiple thereof
9 up to $10,000,000.00 of costs, $6.00 $7.00 for each additional $1,000.00 of costs or multiple
10 thereof up to $20,000,000.00, and $5.00 $5.50 for each additional $1,000.00 of costs or
11 multiple thereof above $20,000,000.00.
12 (b) Fence permits. Each applicant for a fence permit shall pay unto the city a permit fee
13 computed as follows before such permit is issued: The sum of $25.00 for the first $1,000.00
14 of costs and $8.00 $9.00 for each additional $1,000.00 of costs or multiple thereof.
15 c) Sign permits. Each applicant for a sign permit shall pay unto the city, before such permit
16 is issued, the sum of $0.50 per square foot of sign area; provided, however, that the minimum
17 fee for each permit shall be $15.00 $25.00.
18 (d) Swimming pool permits. Each applicant for a swimming pool permit shall pay unto the
19 city a permit fee computed as follows before such permit is issued: The sum of $25.00 for
20 the first $1,000.00 of cost and $8.00 $9.00 for each additional $1,000.00 of cost or multiple
21 thereof.
22 (e) Demolition permits. Each applicant for a demolition permit shall pay unto the city,
23 before such permit is issued, the sum of $50.00 for any building which is being demolished
24 for the purpose of vacating the land for future development or construction upon the same,
25 provided that no fee shall be charged for buildings condemned and required to be demolished
26 by the city or any public entity.
27 (f) Moving permits. Each applicant for a moving permit shall pay unto the city, before such
28 permit is issued, the sum of $250.00 for each building.
29 (g) Construction plan reviews. Each applicant requesting review of nonresidential
30 construction plans shall pay the sum of $20.00 per set of plans.
31 (h) Reinspections. There will be no charge for the first reinspection of a permit. The
32 applicant shall pay the sum of $25.00 for the second reinspection, $50.00 for the third
33 reinspection and $100.00 for any subsequent reinspection.
Page 138
34 (i) Doubling fees. Fees established in subsections (a)--(f) of this section shall double in the
35 event that a permit is applied for after construction has commenced without the permission
36 of the building inspector. The building inspector may waive the doubling of fees in cases
37 where the building permit applicant is not a professional contractor, and the work is not
38 being done by a professional contractor.
39 BE IT FURTHER ORDAINED:
40 That Chapter 22 – Buildings and Building Regulations, Article V - Mechanical Code, be amended
41 by inserting the text indicated in bold, red and deleting the text indicated in red strikeout as follows:
42 Sec. 22-145. Heating, air conditioning, and heat pump permit fees.
43 (a) Enumerated. Each applicant for a heating, air conditioning, or heat pump permit shall
44 pay unto the city a permit fee, computed as follows, before such permit is issued:
45
46 (1) Heating permit. The sum of $30.00 $33.00 for the first 10,000 BTUs and the
47 sum of $5.00 $5.50 for each additional 10,000 BTUs or multiple thereof.
48
49 (2) Air conditioning permit. The sum of $30.00 $33.00 per ton for the first five tons
50 and the sum of $5.00 $5.50 per ton for over five tons or multiple thereof.
51 (3)Heat pump permit. The sum of $15.00 $17.00 for the first 10,000 BTUs and the
52 sum of $2.50 $2.75 for each additional 10,000 BTUs or multiple thereof and an
53 additional $15.00 $17.00 for the first five tons and the sum of $2.50 $2.75 per ton
54 for over five tons or multiple thereof.
55 (b) Doubling of fees. Fees established in subsection (a)(1)--(3) of this section shall double
56 in the event that a permit is applied for after construction has commenced without the
57 permission of the building inspector. The building inspector may waive the doubling of fees
58 in cases where the building permit applicant is not a professional contractor, and the work
59 is not being done by a professional contractor.
60 BE IT FURTHER ORDAINED:
61 That Chapter 22 – Buildings and Building Regulations, Article VI - Plumbing Code, be amended by
62 inserting the text indicated in bold, red and deleting the text indicated in red strikeout as follows:
63 Sec. 22-185. Permit fees.
64 (a) Enumerated. Each applicant for a plumbing permit shall pay unto the city a permit fee,
65 computed as follows, before such permit is issued:
66 (1) Fixtures. The sum of $25.00 $27.00 for the first five fixtures and the sum of
67 $2.00 for each additional fixture.
68 (2) Garbage disposals and hot water heaters. A minimum fee of $25.00 $27.00.
69
Page 139
70 (3) Gas, water and sewer inspection underground. The sum of $20.00 for the first
71 150 feet and $0.50 for each additional ten feet or multiple thereof.
72 (b) Doubling of fees. Fees established in subsections (a)(1)--(3) of this section shall double
73 in the event that a permit is applied for after construction has commenced without the
74 permission of the building inspector. The building inspector may waive the doubling of fees
75 in cases where the building permit applicant is not a professional contractor, and the work
76 is not being done by a professional contractor.
77 BE IT FURTHER ORDAINED:
78 That Chapter 22 – Buildings and Building Regulations, Article IX - Lodging Houses, be amended
79 by inserting the text indicated in bold, red and deleting the text indicated in red strikeout as follows:
80 Sec. 22-301. Generally.
81 (a) Required. It shall be unlawful for any person to let, or offer to let, space in any
82 lodginghouse by advertisement, without first obtaining a permit from the licensing division
83 of the department of planning and inspections in order to determine compliance with the
84 provisions of this chapter.
85
86 (b) Expiration; fee. The permit shall expire annually on January 31, and the fee for the
87 annual permit shall be $50.00 $75.00 for the first ten rooms and $5.00 $7.00 for each
88 additional room. The fee for dormitories shall be $50.00 $75.00 for the first ten rooms, and
89 $2.50 $4.00 for each room thereafter.
90 c) Failure to pay on due date. In the event that the permit fee set forth herein is not paid
91 on the date due, then the permittee shall incur a penalty fee in the amount of ten percent per
92 month of the amount of the license fee until the same is paid.
93
94 (d) Reimbursement fee. An owner whose permit has been suspended in accordance with
95 section 22-303 shall pay a $100.00 reinstatement fee.
96 (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the
97 date a notice thereof is mailed to the owner, then such fees may be entered into the municipal
98 lien docket as a lien owing the city, and the same may be turned over to the city solicitor for
99 collection.
100 (f) Utilities. The owner or occupant of any lodginghouse shall not be entitled to receive city
101 utilities until the permit fee required in this section is paid in full and city personnel shall
102 refuse to provide sewage, water and electricity to the property until satisfactory proof is
103 furnished that such permit fee has been paid.
104 BE IT FURTHER ORDAINED:
105 That Chapter 22 – Buildings and Building Regulations, Article X - Rental Dwellings, be amended
106 by inserting the text indicated in bold, red and deleting the text indicated in red strikeout as follows:
107 Sec. 22-351. Generally.
108 (a) Single-family dwellings. It shall be unlawful for any person to operate any single-family
109 rental dwelling without obtaining a permit from the licensing division of the department of
110 planning and inspections in order to determine compliance with the appropriate provisions
Page 140
111 of this article. The permit shall expire annually on January 31. The fee for the annual permit
112 shall be $90.00 $102.00 for each single-family detached dwelling, and $70.00 $82.00 for
113 each single-family attached dwelling.
114
115 (b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple
116 dwelling without first obtaining an annual permit therefore from the licensing division of the
117 department of planning and inspections in order to determine compliance with the
118 appropriate provisions of this article. The permit shall expire annually on January 31, and the
119 fee for the annual permit shall be $90.00 $102.00 for multiple dwellings consisting of three
120 or less dwelling units, $90.00 $102.00 for the first three dwelling units of a multiple dwelling
121 with four or more dwelling units, and $30.00 $36.00 for each additional dwelling unit in
122 excess of three. The fee for condominium units and accessory apartments located within
123 structures principally used for owner occupancy shall be $30.00 $36.00.
124
125 c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the
126 date due, then the permittee shall incur a penalty fee in the amount of ten percent per month
127 of the amount of the license fee until the same is paid.
128 (d) Reinstatement fee. An owner whose permit has been suspended in accordance with
129 section 22-352 shall pay a $100.00 reinstatement fee.
130 (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the
131 date a notice thereof is mailed to the owner, then such fees shall be entered in the municipal
132 lien docket as a lien owing the city; and the same may be turned over to the city solicitor for
133 collection.
134 (f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive city
135 utilities until the permit fee required in this section is paid in full and city personnel shall
136 refuse to provide sewage, water and electricity to the property until satisfactory proof is
137 furnished that such permit fee has been paid.
138
139 ADOPTED: *
140 SYNOPSIS
141 The proposed ordinance would update the fees in the Building
142 Code in accordance with the recommendations of the Revenue
143 Manual. This includes building permits, plumbing permits,
144 heating and air conditioning permits, lodginghouse permits,
145 and rental permits.
146 Actions History
147 May 27, 2008 - Tabled at Council
148 May 5, 2008 - Legislative, Finance, and Administration Committee
149 Mar 10, 2008 - Legislative, Finance, and Administration Committee
Page 141
FIRST READING
CITY OF DOVER ORDINANCE #2008-12
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Chapter 26 - Businesses, Article II Licenses, Section 26-35 - License Required; Fees be
4 amended by inserting the text indicated in bold, red and deleting the text indicated in red strikeout
5 as follows:
6 Sec. 26-35. License required; fees.
7 (a) Nonprofessional service businesses. Except where expressed by definition in section
8 26-31, nonprofessional service businesses shall pay an annual license fee for each store, place
9 of business or vehicle from which the licensee conducts the business operated within the city.
10
11 (b) Professional services. Persons engaged in professional services, such as accountants,
12 certified or public, landscape architects, architects, optometrists, lawyers, dentists, physicians
13 and surgeons, psychologists, physical therapists, podiatrists, professional engineers, and
14 veterinarians shall pay an annual license fee for engaging in such professional services within
15 the city.
16 c) Corporate employees. No license shall be required of any individual practicing a
17 profession or trade who is in the employ of any corporation licensed under any other
18 provision of this article and who does not practice his profession, except in his capacity as
19 an employee of such corporation and, provided further, that no attorney in the employ of any
20 such corporation shall be required to obtain a license under this section so as to fulfill
21 assignments made to him by any state court.
22 (d) Businesses licensed.
23
24 (1) No person shall conduct or engage in any of the following trades, businesses, or
25 occupations within the city without a license and paying the appropriate fee as
26 follows:
27 Advertising agency . . . $ 92.00 $101.00
28 Amusement operator . . . 152.00 167.00
29 Architect . . . 242.00 266.00
30 Attorney-at-law . . . 303.00 333.00
31 Auctioneer . . . 152.00 167.00
32 Automobile race operator . . . 363.00 399.00
33 Bank, or loan and trust company . . . 303.00 333.00
34 Bank, off premise ATM . . . 49.00
35 Barber . . . 61.00 67.00
Page 142
36 Each additional chair over two . . . 4.00
37 Beautician . . . 61.00 67.00
38 Each additional chair over two . . . 4.00
39 Bowling alley operator . . . 182.00 200.00
40 Broadcasting station . . . 303.00 333.00
41 Broker . . . 152.00 167.00
42 Car wash . . . 182.00 200.00
43 Certified public accountant . . . 242.00 266.00
44 Cesspool cleaner . . . 121.00 133.00
45 Chiropractor . . . 303.00 333.00
46 Clinical social worker . . . 93.00 102.00
47 Coin-operated amusement machine owner, per machine . . . 3.00
48 Coin-operated vending machine owner, per machine . . . 3.00
49 Coin-operated electronic video machine, per machine . . . 121.00 133.00
50 Commercial sign business . . . 121.00 133.00
51 Computer related services . . . 121.00 133.00
52 Consultant . . . 49.00 54.00
53 Day care operator:
54 Home based provider with six or fewer children . . . 0.00 25.00
55 Center or home provider with greater than six children . . . 49.00 54.00
56 Dental lab . . . 182.00 200.00
57 Dentist . . . 303.00 333.00
58 Distributor . . . 61.00 67.00
59 Drayperson or mover . . . 121.00 133.00
60 Eating establishment and/or eating establishment operator . . . 121.00 133.00
61 Employment agent . . . 121.00 133.00
62 Entertainer:
63 One--three entertainers per group . . . 49.00 54.00
64 Four--nine entertainers per group . . . 92.00 101.00
65 Ten or more . . . 121.00 133.00
66 Entertainment agent . . . 182.00 200.00
67 Finance or small loan agency . . . 242.00266.00
68 Fitness Trainer . . . 67.00
69 Funeral director . . . 242.00266.00
70 Gas, light, power, cable TV and telephone company . . . 908.00 999.00
71 General repairman . . . 61.00 67.00
72 Health spa or health club . . . 182.00 200.00
73 Hotel:
74 Per room . . . 9.00 10.00
Page 143
75 Per suite . . . 12.00 13.00
76 Income tax consultant . . . 182.00 200.00
77 Incorporator . . . 121.00 133.00
78 Insurance adjustor office . . . 121.00 133.00
79 Itinerant merchant, per event . . . 40.00 44.00
80 Janitorial and cleaning service:
81 One--three employees . . . 49.00 54.00
82 Four--nine employees . . . 92.00101.00
83 Ten or more employees . . . 121.00 133.00
84 Landscape service company:
85 One--three employees . . . 49.00 54.00
86 Four--nine employees . . . 92.00101.00
87 Ten or more employees . . . 121.00 133.00
88 Laundry service operator:
89 Primary facility . . . 121.00 133.00
90 Additional drop-off locations . . . 49.00 54.00
91 Linen supplier . . . 121.00 133.00
92 Manicurist . . . 31.00 34.00
93 Manufacturer's agent or representative . . . 121.00 133.00
94 Mercantile agency or collection agency . . . 121.00 133.00
95 Mobile home park, per space . . . 7.00 8.00
96 Motel, per room . . . 7.00 8.00
97 Motion picture theater . . . 182.00 200.00
98 Motor vehicle serviceman . . . 92.00101.00
99 Nursing, rest or convalescent home . . . 182.00 200.00
100 Open market operator:
101 First 20 spaces, per rented space . . . 22.00 24.00
102 21st--50th space, per rented space . . . 11.00 12.00
103 Each space over 50, per rented space . . . 6.00 7.00
104 Outdoor tables, per table . . . 6.007.00
105 Optometrist . . . 303.00 333.00
106 Outdoor music festival promoter . . . 1,210.00 1,331.00
107 Parking lot or garage operator . . . 61.00 67.00
108 Pawnbroker . . . 182.00 200.00
109 Pest control services . . . 92.00101.00
110 Pharmacist . . . 182.00 200.00
111 Photographer . . . 121.00 133.00
112 Physical therapist . . . 182.00 200.00
113 Physician and/or surgeon . . . 303.00 333.00
Page 144
114 Plant nursery and florist . . . 92.00101.00
115 Podiatrist . . . 303.00 333.00
116 Pool table operator, per table . . . 61.00 67.00
117 Maximum fee . . . 183.00 201.00
118 Printer . . . 121.00133.00
119 Private investigator agency . . . 182.00 200.00
120 Professional counselor . . . 61.00 67.00
121 Professional engineer . . . 242.00266.00
122 Professional land surveyor . . . 242.00266.00
123 Psychologist . . . 303.00 333.00
124 Public accountant . . . 182.00 200.00
125 Public stenographer . . . 37.00 41.00
126 Publisher . . . 303.00 333.00
127 Real estate broker, appraiser, and manager . . . 152.00 167.00
128 Real estate development corporation . . . 333.00
129 Real estate property manager:
130 One--three units managed . . . 49.00 54.00
131 Four--ten units managed . . . 121.00 133.00
132 Ten+ units managed . . . 121.00 133.00
133 Real estate salesperson or associated broker . . . 49.00 54.00
134 Rental service . . . 121.00 133.00
135 Sales representative . . . 49.00 54.00
136 School and educational service (nonvocational) . . . 61.00 67.00
137 School and educational service (vocational) . . . 121.00 133.00
138 Scientific laboratory . . . 242.00266.00
139 Scrap and waste material service . . . 121.00 133.00
140 Secondhand dealer of precious metals . . . 121.00 133.00
141 Security service . . . 182.00 200.00
142 Self-service laundry or dry cleaner . . . 121.00 133.00
143 Shoe repairman . . . 49.00 54.00
144 Sound truck, per hour . . . 31.00 34.00
145 Tailor and garment service . . . 49.00 54.00
146 Taxicab or bus operator:
147 First vehicle . . . 25.00
148 Each additional vehicle . . . 25.00 28.00
149 Taxidermist . . . 121.00 133.00
150 Telephone answering service . . . 121.00 133.00
151 Television repairman . . . 92.00101.00
152 Tourist home, per room . . . 7.00 8.00
Page 145
153 Trailer park, per space . . . 7.00 8.00
154 Travel agency . . . 121.00 133.00
155 Veterinarian . . . 303.00 333.00
156 Warehouseman . . . 242.00266.00
157 Wholesale news agency . . . 61.00 67.00
158 All other businesses not listed:
159 One--three employees . . . 49.00 54.00
160 Four--nine employees . . . 92.00101.00
161 Ten--50 employees . . . 121.00 133.00
162 51--100 employees . . . 303.00 333.00
163 (2)Manufacturers and contractors shall pay a license fee at the rate of $0.00046 of the
164 aggregate gross receipts; provided, however, that the minimum license shall be $121.00
165 133.00.
166 (3) Merchants and bottlers shall pay a license fee at the rate of $0.00046 of the aggregate
167 gross purchases for resale; provided, however, that the minimum license fee shall be $61.00
168 67.00.
169 ADOPTED: *
170 SYNOPSIS
171 This proposed ordinance updates business license fees in
172 accordance with the Revenue Manual. This includes a 10%
173 increase in business license fees, as well as the addition of three
174 license categories.
175 Actions History
176 May 27, 2008 - Tabled at Council
177 May 5, 2008 - Legislative, Finance, and Administration Committee
178 Mar 10, 2008 - Legislative, Finance, and Administration Committee
Page 146
FIRST READING
CITY OF DOVER ORDINANCE #2008-13
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-126 - Fire
5 Prevention Permit be amended as to add the following:
6 (e) Final Inspections Fee. A fee of $50.00 shall be paid unto the city for all final inspections
7 conducted by the Fire Marshals Office for Certificate of Occupancy Inspections, Final
8 Building Inspections and Final Fire Protection acceptance tests. Fee is to be paid prior to the
9 inspection.
10 BE IT FURTHER ORDAINED:
11 That Chapter 46 – Fire Prevention and Protection, Article IV - Public Occupancies, Section 46-164
12 - Fees be amended by inserting the text indicated in bold, red and deleting the text indicated in red
13 strikeout as follows:
14 Sec. 46-164. Fees.
15 A person desiring the permit required by the provisions of this article shall pay the following
16 appropriate permit fee:
17 (1) Churches, $25.00 $50.00;
18 (2) Civic auditoriums, $25.00 $50.00;
19 (3) Clubhouses, $50.00;
20 (4) Commercial auditoriums, $25.00 $50.00 for the first 200 seats and $2.50 for
21 each additional 50 seats;
22 (5) Day care facilities (Including home day care facilities), $25.00 $50.00;
23 (6) Hospitals, nursing homes or rest homes, $5.00 $10.00 for the first ten rooms
24 and $1.25 for each additional room;
25 (7) Mercantile (10,000 square feet of area or greater), $25.00 $50.00;
26 (8) Outdoor public events, including but not limited to firework displays, carnivals,
27 and outdoor music concerts, $25.00 $50.00 (Fireworks Displays $100.00);
28 (9) Public office buildings, $25.00;
29 (10) Schools, $25.00;
30 (11) Theaters, $25.00 for the first 200 seats and $2.50 for each additional 50 seats.
31 (9) Business Occupancies (10,000 square feet or greater) $50.00
32 (10) Educational Occupancies $50.00
33 (11) Assembly Occupancies (Occupant loads over 150 people) $50.00
34 (12) Hotels, Motels, and Dormitories $50.000
35 (13) Multi -Multi- Residential with more the 6 units, $10.00 for the first 5 units
36 and $1.25 for each additional room
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37 (14) Storage Occupancies (Over 10,000 square feet) $50.00
38 (15) Lodging and Rooming House $50.00
39 (B) Fire Protection Inspection Fee
40 (1) Fire Signaling System Inspection Fee. For each inspection of a fire alarm
41 signaling system located within the jurisdiction of the City of Dover, and
42 conducted by a licensed company pursuant to Delaware State Fire Prevention
43 Regulations, Part III Chapter 4, Section 4-8, 4-9, and 4-10, the licensed
44 company shall submit a copy of the certificate of inspection to the City of
45 Dover Fire Marshals Office, along with a non-refundable fee of $25.00.
46 (2) Fire Suppression System Inspection Fee. For each inspection of a fire
47 suppression system located within the jurisdiction of the City of Dover Fire
48 Marshals Office, and conducted by a licensed company pursuant to Delaware
49 State Fire Prevention Regulations, Part III, Chapter 5, sections 5-8, 5-9, and 5-
50 10, the licensed company shall submit a copy of the certificate of inspection to
51 the City of Dover Fire Marshals Office, along with a non-refundable fee of
52 $25.00.
53 BE IT FURTHER ORDAINED THAT
54 That Chapter 46 – Fire Prevention and Protection, Article IV - Public Occupancies, Section 46-168 -
55 Reinspection Fee be amended by inserting the text indicated in bold, red and deleting the text
56 indicated in red strikeout as follows:
57 (a) Amount. There is hereby created a reinspection fee of $25.00 $50.00 that shall be charged
58 for any repeated violation cited by the fire marshal, determined to be a violation and which
59 requires a followup inspection to confirm the correction of the violation.
60 ADOPTED: *
61 SYNOPSIS
62 This proposed ordinance updates the fees charged under the
63 City’s fire code. Specifically, it creates a new final inspection fee
64 fire protection inspection fee and updates the public occupancy
65 permit fees and reinspection fees.
66 Actions History
67 May 27, 2008 - Tabled at Council
68 May 5, 2008 - Legislative, Finance, & Administration Committee
69 Mar 10, 2008 - Legislative, Finance, & Administration Committee
70
Page 148
FIRST READING
CITY OF DOVER ORDINANCE #2008-14
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Chapter 66 –Manufactured Homes and Trailers, be amended by inserting the text indicated in
4 bold, red and deleting the text indicated in red strikeout as follows:
5 Sec. 66-2. License.
6 (a) Required fee. The owner of a mobile home shall obtain an annual license for it and shall
7 pay a fee of $45.00 $50.00 for such license.
8 (b) Payment; penalties. Such license shall be obtained and the license fee paid by July 1 of
9 each year and if such fee is not paid before August 1 of such year, then, in addition to any
10 penalty incurred pursuant to section 1-17, a penalty fee of ten percent per month shall accrue
11 on the unpaid balance of the license fee.
12 c) Moving into city. Upon the moving of a mobile home into the city, such license shall be
13 obtained and the license fee paid within seven days. Payment of such license fee shall be
14 prorated on a quarterly basis for each fractional part of a year during which the mobile home
15 is in the city.
16 (d) Sticker; where placed. Once the annual license fee has been paid by the owner of a
17 mobile home, he shall be issued a sticker or other evidence of payment by the city manager
18 or his authorized agent. This sticker or other evidence of payment must be placed upon the
19 mobile home on the front of the mobile home facing the street on the righthand side when
20 facing said mobile home one foot up from the bottom of the skirting and one foot over from
21 the side of the mobile home.
22 ADOPTED: *
23 SYNOPSIS
24 The proposed ordinance amends the manufactured home license fee in
25 accordance with the recommendations of the Revenue Manual.
26 Actions History
27 May 27, 2008 - Tabled at Council
28 May 5, 2008 - Legislative, Finance, and Administration Committee
29 Mar 10, 2008 - Legislative, Finance, and Administration Committee
Page 149
FIRST READING
CITY OF DOVER ORDINANCE #2008-15
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Appendix A - Subdivisions, Article IV, Section A - Pre Application be amended by inserting
4 the text indicated in bold, red and deleting the text indicated in red strikeout as follows:
5 1. Following this step, the subdivider shall submit to the commission pre-application plans
6 and data as specified in Article V, Section A, with a filing fee of $200.00 $225.00.
7 BE IT FURTHER ORDAINED:
8 That Appendix A - Subdivisions, Article IV, Section B - Preliminary Layout be amended by inserting
9 the text indicated in bold, red and deleting the text indicated in red strikeout as follows:
10 2. Application for conditional approval of the preliminary layout shall be submitted in
11 writing for a filing fee of $325.00 $400 plus $15 per acre by the subdivider to the
12 commission, together with the original and 20 prints of the preliminary layout, and other
13 specified documents at least 30 days prior to the meeting at which it is to be considered.
14 BE IT FURTHER ORDAINED:
15 That Appendix A - Subdivisions, Article IV, Section C - Plat be amended by inserting the text
16 indicated in bold, red and deleting the text indicated in red strikeout as follows:
17 3. Application for approval of the plat shall be submitted in writing by the subdivider to
18 the city planner, together with three prints of the plat and the plat review fee of $150.00
19 $165.00, plus $65.00 $72.00 per acre for the first ten acres, $40.00 $44.00 per acre for the
20 next ten acres and $25.00 per acre for each acre thereafter. Plats for minor lot line
21 adjustments shall require a review fee of $100.00 $110.00. Plats for minor subdivisions
22 shall require a review fee of $100.00 $150.00.
23 ADOPTED: *
24 SYNOPSIS
25 The proposed ordinance amends the fees associated with the
26 Subdivision Ordinance, in accordance with the recommendations
27 of the Revenue Manual.
28 Actions History
29 May 27, 2008 - Tabled at Council
30 May 5, 2008 - Legislative, Finance, and Administration Committee
31 Mar 10, 2008 - Legislative, Finance, and Administration Committee
Page 150
FIRST READING
CITY OF DOVER ORDINANCE #2008-16
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 24 - Planned
4 Neighborhood Design Option, be amended by inserting the text indicated in bold, red and deleting
5 the text indicated in red strikeout as follows:
6 24.2 Review process. The planned neighborhood design option shall involve a three-step
7 review and approval process. In the first step, the developer shall meet with the city council
8 and present a general sketch plan and a statement documenting the project's compliance with
9 the goals of the comprehensive plan for review. The general sketch plan shall reflect the
10 general layout of streets, open space, and housing areas and types. Each application for a
11 general sketch plan review shall be accompanied by a fee of $100.00 $110.00. The city
12 council shall determine whether the proposed project is of such a design and type that it
13 warrants further review by the planning commission. If the city council determines that
14 further review is warranted, the second step shall be the conditional use review process
15 which involves the submission of a conceptual plan which conforms in content to the design
16 standards and requirements specified in subsections 24.5 and 24.6 of this section, as well as
17 the plan submission requirements of subsection 24.8 of this section and article 10, section
18 1.6 of the zoning ordinance [this appendix]. Depending upon the type of development
19 proposed, the following additional requirements shall apply:
20 BE IT FURTHER ORDAINED:
21 That Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 24 - Planned
22 Neighborhood Design Option, be amended by inserting the text indicated in bold, red and
23 deleting the text indicated in red strikeout as follows:
24 24.81 Each application for a conditional use plan approval shall be accompanied
25 by a fee of $200.00 $225.00, plus $10.00 $12.00 per acre.
26 BE IT FURTHER ORDAINED:
27 That Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 24 - Planned
28 Neighborhood Design Option, be amended by inserting the text indicated in bold, red and
29 deleting the text indicated in red strikeout as follows:
30 24.91 Each application for a preliminary plan approval shall be accompanied by a fee
31 of $325.00 $400.00, plus $20.00 per acre.
32 BE IT FURTHER ORDAINED:
33 That Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 24 - Planned
34 Neighborhood Design Option, be amended by inserting the text indicated in bold, red and
35 deleting the text indicated in red strikeout as follows:
Page 151
36 24.101 Each application for a preliminary plan approval shall be accompanied by a
37 fee of $250.00 $300.00.
38 BE IT FURTHER ORDAINED:
39 That Appendix B - Zoning Ordinance, Article 8 - Enforcement and Penalties, Section 2 - Certificates
40 of Occupancy, be amended by inserting the text indicated in bold, red and deleting the text indicated
41 in red strikeout as follows:
42 2.4 Every application for a certificate of occupancy or a temporary certificate of
43 occupancy shall be accompanied by a fee, payable to the City of Dover, computed as
44 follows: For all properties zoned single-family residential, the fee shall be $40.00
45 $50.00; for all other property in other zoning classifications, other than single-family
46 residential, the fee shall be $40.00 $50.00 for the first 20,000 square feet of building area,
47 plus the sum of $10.00 $12.50 for each additional 10,000 square feet of building area in
48 excess of the first 20,000 square feet or multiple thereof.
49 BE IT FURTHER ORDAINED THAT:
50 That Appendix B - Zoning Ordinance, Article 9 - Board of Adjustment, Section 3 - Procedure, be
51 amended by inserting the text indicated in bold, red and deleting the text indicated in red
52 strikeout as follows:
53 3.5 All appeals and applications made to the board of adjustment shall be in writing, on
54 forms prescribed by the board and approved by the planning commission. All variance
55 requests for residential uses shall be accompanied by a fee of $200.00. All variance requests
56 for nonresidential uses shall be accompanied by a fee of $300.00 $500.00. All appeals from
57 an order, requirement, decision or determination made by an administrative official, board
58 or agency of the city shall be accompanied by a fee of $200.00.The board of adjustment may,
59 in its discretion, return to the applicant part or all of the fee paid by him in the event that his
60 appeal under section 2.1 (interpretation) hereof is partially or wholly successful. The fees
61 filed in connection with applications under section 2.2 (variances) shall not be returnable,
62 regardless of disposition of the case by the board. An additional fee of $200.00 shall be
63 applicable for applications postponed at the applicant request.
64 BE IT FURTHER ORDAINED THAT:
65 That Appendix B - Zoning Ordinance, Article 10 - Planning Commission, Section 1 - Approval
66 of Conditional Uses, be amended by inserting the text indicated in bold, red and deleting the text
67 indicated in red strikeout as follows:
68 1.52 Each application for a conditional use permit shall be accompanied by a fee of $325.00
69 $400.00, plus $15.00 per acre of the area or multiple thereof involved in the application.
70 BE IT FURTHER ORDAINED THAT:
71 That Appendix B - Zoning Ordinance, Article 10 - Planning Commission, Section 2 - Site
72 Development Plan Approval, be amended by inserting the text indicated in bold, red and deleting
73 the text indicated in red strikeout as follows:
74 2.45[Fees.] If, as a result of the presubmission conference as described in
Page 152
75 [sub]section 2.41 of this ordinance, it is determined that the proposed uses or
76 development is of a type that would be reviewed by the planning commission and
77 approval or disapproval of the application given by that body, the application for site
78 development plan approval shall be submitted, in triplicate, to the building inspector,
79 on forms approved by the planning commission, at least 30 days prior to the planning
80 commission meeting at which approval is to be requested. The application for site
81 development plan approval shall be accompanied by a fee of $325.00 $400.00 plus
82 $15.00 per acre. Applications for administrative site plans shall be accompanied by
83 a fee of $125.00 $150.00.
84 ADOPTED: *
85 SYNOPSIS
86 The proposed ordinance would update the fees in the Zoning
87 Ordinance in accordance with the recommendations of the
88 Revenue Manual. This includes the fees for conditional use
89 applications, site development plan applications, Board of
90 Adjustment applications, and certificates of occupancies.
91 Actions History
92 May 27, 2008 - Tabled at Council
93 May 5, 2008 - Legislative, Finance, & Administration Committee
94 Mar 10, 2008 - Legislative, Finance, & Administration Committee