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Page 1
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on September 26, 2022, at 6:30 p.m. with Council
President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare.
Staff members present were Chief Johnson, Ms. Peddicord, Mr. Hugg, Mr. Rodriguez, Mr. Gray,
and Ms. Bennett. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:15 p.m., before the commencement of the Official Council
Meeting. Council President Sudler declared the Open Forum in session and reminded those present
that Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
INVOCATION
The invocation was given by Elder Ellis B. Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Dr. Julia Pillsbury.
ADOPTION OF AGENDA
Mr. Neil moved for the adoption of the agenda, seconded by Mr. Hare, and unanimously
carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial 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.
Mr. Neil moved for adoption of the consent agenda, seconded by Mr. Boggerty, and carried
by a unanimous roll call vote.
PROCLAMATION – PUBLIC POWER WEEK 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, the citizens of the City of Dover, place a high value on local choice over community
services and therefore have chosen to operate a community-owned, not-for-profit electric utility
and, as customers and owners of our electric utility, have a direct say in utility operations and
policies; and
WHEREAS, the City of Dover Electric Department provides homes, businesses, schools, social
services, and local government agencies with reliable, efficient, and safe electricity. Employing
sound business practices designed to ensure the best possible service at not-for-profit rates. It is a
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 2
valuable community asset that contributes to the well-being of local citizens through energy
efficiency, customer service, environmental protection, economic development, safety awareness;
and
WHEREAS, the City of Dover Electric Department is a dependable and trustworthy institution,
whose local operations provide consumer protection, continues to make our community a better
place to live and work, and contributes to protecting the global environment. The City of Dover
Electric Department will continue to work to bring low-cost, safe, reliable, and sustainable
electricity to community homes and businesses, just as it has since 1899, the year when the utility
was created to serve all the citizens of the City of Dover; and
WHEREAS, Public Power Week is designed to recognize the people behind public power within
the City of Dover Electric Department, for their contributions to the community and to educate
customer owners, policymakers, and employees on the benefits of public power. Our community
joins hands with more than 2,000 other public power systems in the United States in this
celebration of public power, which puts our residents, businesses, and the community before
profits.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 2nd – 8th, 2022 as Public Power Week in the City of
Dover and urge all residents to express their heartfelt appreciation to all the men and women, who
so diligently serve to ensure that electrical power continues to flow to the homes and businesses
of this city.
On behalf of the Mayor and Council, Mayor Christiansen and Councilman Rocha presented the
proclamation to Paul Waddell, Electric Director for the City of Dover.
PROCLAMATION – CYBER SECURITY AWARENESS MONTH 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, we recognize the vital role that technology has in our daily lives and the future of the
City of Dover. Today many citizens, schools, libraries, businesses, and other organizations use the
Internet for a variety of tasks, including keeping in contact with family and friends, managing
personal finances, performing research, enhancing education, and conducting business. Critical
sectors are increasingly reliant on information systems to support financial services, energy,
telecommunications, transportation, utilities, healthcare, and emergency response systems; and
WHEREAS, Internet users and our information infrastructure face increased threats of malicious
cyber-attacks, invasion of privacy from spyware and adware, and significant financial and personal
privacy loss due to identity theft and fraud. The National Cyber Security Alliance’s 2022
Cybersecurity Awareness Month theme, “See Yourself in Cyber” encourages a risk-based
approach and focuses on the behaviors that are most important to the organization; and
WHEREAS, Keep your data protected by practicing the basics of cybersecurity: such as enabling
multifactor authentications, using strong unique passwords, keeping your software up to date, and
installing anti-virus programs are ways you can protect yourself; and
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 3
WHEREAS, the STOP. THINK. CONNECT. The campaign serves as the national cybersecurity
public awareness campaign, implemented through a coalition of private companies, nonprofits,
government organizations, and academic institutions working together to increase the public’s
understanding of cyber threats and empower Americans to be safer and more secure online; and
WHEREAS, Delaware’s DigiKnow Campaign is aimed at increasing the understanding of cyber
threats and empowering the public to be safer and more secure online. Maintaining the security of
cyberspace is a shared responsibility in which each of us has a critical role, and awareness of
computer security essentials will improve the security of the City of Dover’s information
infrastructure and economy.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim October 2022 as Cybersecurity Awareness Month in the City
of Dover and urges all citizens to learn about cybersecurity and put that knowledge into practice.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Larry
Josefowski, IT Director for the City of Dover.
PROCLAMATION – FIRE PREVENTION WEEK 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover is committed to ensuring the safety and security of all those living
in and visiting our City, and fire is a serious public safety concern both locally and nationally. The
National Fire Protection Association’s 2022 Fire Prevention Week theme is, “Fire Won’t Wait,
Plan Your Escape”. The goal of Fire Prevention Week is to raise fire safety awareness and to help
ensure your home and family are protected. In 1922, The National Fire Protection Association
(NFPA) named the second week of October, Fire Prevention Week in commemoration of the Great
Chicago Fire (October 8 – October 10 in 1871) which burned through the city of Chicago,
destroying large areas of land, killing over 300 citizens, and leaving thousands of people homeless.
Fire Prevention Week is the longest-running US public health observance on record; and
WHEREAS, according to NFPA data, home, the place people feel safest from fire, is where they
are at the greatest risk, with three-quarters (74 percent) of all U.S. fire deaths occurring in homes.
When a home fire does occur, it is more likely to be serious; people are more likely to die in a
home fire today than they were in 1980. Today’s homes burn faster and hotter than they used to,
which minimizes the amount of time they have to escape safely. In a typical home fire, you may
have as little as two minutes to get out from the time the smoke alarms sound. Test smoke alarms
once a month and replace them after 10 years, as recommended by the United States Fire
Administration; and
WHEREAS, make sure your home escape plan, meet the needs of your family members, including
those with sensory or physical disabilities. Smoke alarms should be installed inside every sleeping
room, outside each separate sleeping area, and on every level of your home. Smoke alarms should
be interconnected so that when one sounds, they all sound. Know at least two ways out of every
room. Make sure all doors and windows open easily. Have an outside meeting place, that is a safe
distance from your home where everyone should meet. Practice your home fire drill at least twice
a year with everyone in the household, including guests. Practice at least once during the day and
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 4
once at night. We come together now to recognize the threat posed by fire, honor the lives claimed
each year, and recommit to preventing fires in our homes.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 9th – 15th, 2022 as Fire Prevention Week in the City
of Dover and urge residents to develop a home escape plan with all members of the household and
practice it regularly to ensure that everyone knows what to do when the smoke alarm sounds.
On behalf of the Mayor and Council, Mayor Christiansen and Councilman Taylor presented the
proclamation to City of Dover Fire Chief David Carey.
PROCLAMATION – NATIONAL COMMUNITY PLANNING MONTH 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, change is constant in every community and affects all of us, and community planning
can help manage change in a way that provides better choices for how people work and live.
Community planning provides an opportunity for all residents to be involved in making choices
that determine the future of their community; and
WHEREAS, the American Planning Association and its professional institute, the American
Institute of Certified Planners, endorse National Community Planning Month as an opportunity to
highlight the contributions sound planning, and plan implementation make to the quality of our
communities and environment; and
WHEREAS, community planning provides an opportunity for all residents to be meaningfully
involved in making choices that determine the future of their community. The full benefit of
planning requires public officials and citizens who understand, support, and demand excellence in
planning and plan implementation.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim the month of October 2022 as Community Planning Month
in the City of Dover and encourage all citizens to join me in recognizing the participation and
dedication of the staff of the City of Dover Department of Planning and Inspections, members of
the City of Dover Planning Commission, the valuable contributions made by other community and
regional planners and our partner agencies at the State and County levels. We extend our heartfelt
thanks for the continued commitment to public service by these professionals and private citizens.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mary
Ellen Gray, Planning Director, and Dawn Melson-Williams, Principal Planner for the City of
Dover.
PROCLAMATION – HALLOWEEN TRICK OR TREAT 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the
observance of the Halloween Trick-or-Treat custom, emerging from their homes as ghosts,
witches, princesses, cartoon characters, caped crusaders, or action heroes and traveling with
friends and family door to door throughout the neighborhood to gather treats; and
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WHEREAS, Children ages 12 and under may participate in Trick-or-Treating in small groups,
ages will be strictly enforced. Parents must accompany their children throughout their journeys in
celebrating Halloween Trick-or-Treat. Motorists are urged to drive with extra caution and to be
ever watchful of our youngsters making their rounds; and
WHEREAS, it is requested that residents indicate their willingness to welcome children by
keeping their porch or exterior lights on and that youngsters call only on homes that are lighted.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim that the Halloween Trick-or-Treat observance be held on
Monday, the 31st day of October 2022, between the hours of 5:00 p.m. and 8:00 p.m. in the City
of Dover and urge all residents, both young and old, to make this a happy and safe occasion for
our children.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Miss
Lilliana Burgos.
PROCLAMATION – HISPANIC HERITAGE MONTH 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, throughout our history, our Nation has been enriched by the storied past of all who
call the United States of America home. During National Hispanic Heritage Month, we honor all
American citizens of Hispanic descent and celebrate their rich and vibrant traditions of faith,
family, hard work, and patriotism. America's Hispanic community has woven unique threads into
the fabric of our country with their spirit, energy, and leadership. Hispanic Americans have played
an important role in shaping our national character. We are grateful for the innumerable
contributions they make to our society, which are vital to our thriving Nation; and
WHEREAS, as a Nation, we are bound by our shared ideals. America's Hispanic community has
the same dreams, values, trials, and triumphs as people in every corner of our country, and they
show the same grit and determination that have carried us forward for centuries. During National
Hispanic Heritage Month, let us renew our commitment to honor the invaluable ways Hispanic
Americans contribute to our common goals, to celebrate Hispanic culture, and to work toward a
stronger, more inclusive, and more prosperous society for all; and
WHEREAS, the 2022 National Hispanic Heritage Month theme, “Unidos: Inclusivity for a
Stronger Nation,” invites all Hispanics in the City of Dover community to celebrate Hispanic
Heritage and to reflect on how great our tomorrow can be if we hold onto our resilience and hope.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim September 15 through October 15, 2022, as Hispanic Heritage
Month in the City of Dover and urge all citizens to observe this month with appropriate
ceremonies, activities, and programs.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Rony
Baltazar Lopez from the Delaware Hispanic Heritage Commission.
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PRESENTATION – ELECTRIC RATES AND BILLING UPDATE
Ms. Patricia Marney, Customer Service Director, presented a PowerPoint Presentation giving an
overview of the rate increase and billing. (Exhibit #1).
Responding to Mr. Rocha, Ms. Peddicord clarified that it is not a deficit, it was an increase in
power supply cost that was recognized between Fiscal Year 2022 and Fiscal Year 2023. Ms.
Peddicord explained that the difference between those two years of spending just on power supply
is $41 million. Ms. Peddicord stated that the city is not in the negative but comparing one year
against the other, the city is $3 million higher than we were last year at this point.
Responding to Mr. Rocha, Ms. Marney explained that it is too early to predict how the difference
correlates with the increase from the PCA that was implemented, by the end of Fiscal Year 2023.
Responding to Mr. Rocha, Ms. Peddicord explained that they have monthly meetings with the
Energy Authority and sometimes they mention that prices have gone down slightly, but then spike
back up. Ms. Peddicord further explained that it is a bit early in the fiscal year to have an idea.
Ms. Peddicord referenced the schedule that was presented showed the difference in cost year after
year and that it showed there was an increase in the cost that was recognized and passed through
to the citizens with the PCA debit.
Responding to Mr. Rocha, Ms. Marney stated that there is no way to gather day-to-day readings
because they would have to be calculated manually. Ms. Marney explained that there is a reading
and billing schedule that bills 2000 to 3000 accounts a day. Ms. Marney further explained that the
meter readers go out into the field and read 2000 to 3000 accounts with endpoints that could be
doubled. Ms. Marney noted that the accounts will be billed the following day; however, they go
out on a reading schedule once a month.
Ms. Marney further explained a specific route, and that when someone looks at their utility bill at
the top next to the account number, there is a route cycle number. Ms. Marney stated that the cycle
route shows when a specific account is being read and billed on the monthly schedule. Ms. Marney
continued that the billing schedule could fluctuate due to holidays and weekends. Ms. Marney
stated that they are implementing a new utility billing system and there could be training days that
impact that date and cause some fluctuation. Ms. Marney noted that the policy is not to go over
two days, but this could be impacted by holidays or if there is bad weather.
Responding to Mr. Rocha, Ms. Marney explained that meter readers used to use handheld books
when gathering data, however, they now use a handheld reader that works using radio waves. Ms.
Marney stated the handheld device communicates with the meter, both water, and electric meters.
Ms. Marney continued to state that the usage is measured and compared over the course of the
month, not broken down by day.
So basically, with our current system, it is not feasible, I will use that word, to be able to, unless
we applied the PCA to the next billing cycle instead of the July 1st cutoff, if that makes any sense.
Responding to Mr. Rocha, Ms. Marney explained that she would not recommend applying the
PCA to the next billing cycle instead of the July 1st cutoff. Ms. Marney further explained that
historically if you look back at prior billing periods, you had that same timing difference. Ms.
Marney stated that she reached out to several local utilities and found that anyone who was using
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an AMR system typically billed based on the bill date. Ms. Marney stated that the City of Dover
is operating within the industry standards for billing with the AMR system. Ms. Marney explained
that those who are using the AMI system have a better ability to prorate their rates but there are
many reasons that we are not using that system. Ms. Marney stated that it is in the long-term plan
to convert to AMI, however, she does not have an exact date.
Ms. Marney explained that Milford is a local community where AMI was instituted, and they are
still dealing with issues. Ms. Marney further explained that the City of Milford uses our current
billing system and that they have water meters, as an example, that is inside some basements. Ms.
Marney stated that the City has to run concurrently an AMI system and an AMR system because
they have not been able to access those homes to change out the meters that are in the basements.
Ms. Marney noted that there is a lot that goes into it, and it is a lot more involved.
Responding to Mr. Anderson, Mr. Waddell stated that there are a lot of facets that go into power
purchase and hedging. Mr. Waddell continued to state that he believes about 80% hedge is where
we try to be with all of our monthly requirements. Mr. Waddell explained that the way we run our
power purchase is that we have a requirement we must fulfill with PJM, which is the regional
transmission operator, and they give a number based on some coincidental peaks throughout the
year. Mr. Waddell noted that they must fulfill a requirement of 155 megawatts, however, which
may be lower than the actual load that we must provide to the city. Mr. Waddell noted that the
City may have a peak of 165 megawatts, and then we have to get that additional 10 megawatts
from somewhere.
Mr. Waddell stated that hedging allows us to reach out into the market in the future and procure
some of the power at a lower rate than if we called PJM tomorrow. Mr. Waddell continued to state
that this is because tomorrow’s price is going to take into consideration the fluctuation of natural
gas prices. Mr. Waddell noted that prices are going to affect the bottom-line price per megawatt.
Mr. Waddell stated that they just purchased 1520 megawatts of round-the-clock power for 2023
and after budgeting $146 per megawatt hour, the Energy Authority was able to get it to us at $115.
Responding to Mr. Anderson, Mr. Waddell explained that it will take approximately 6 months
before Delmarva Power has an estimated time of interconnection approval. Mr. Waddell further
explained that they are also having material issues, which is pushing the timeline to the end of
2023. Mr. Waddell stated that by the time the ancillary material and solar panels come in and then
get constructed and installed, they are looking at the fourth quarter of 2024 before it goes online.
Responding to Mr. Anderson, Mr. Waddell thanked him for bringing that up because that is one
of the things that impacted us in this budget process. Mr. Waddell stated that they were looking at
having that 50 megawatts of solar, which would eliminate the need to go out to the market and
purchase 27 megawatts of power. Mr. Waddell explained that by reaching out into the future and
hedging this, we can secure lower rates and they were not able to do that with this. Mr. Waddell
noted that the lack of them being able to get this system up and running has cost a lot of money.
Mr. Waddell further explained that they are contract-wise going through ways to try to recoup
some of that, but that they still cannot provide 27 megawatts of power to the customer. Mr. Waddell
added that with other issues going on with PJM, the Indian River Plant was supposed to close and
due to reliability concerns, PJM is making them stay online.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 8
Mr. Waddell explained that as a customer of PJM, the cost for them having the must-run ruling is
being split among all the people who use the power in Delmarva. Mr. Waddell continued to explain
that they are paying an additional share of that, which is hundreds of thousands of dollars a month,
and that we do not know how long this is going to go on. Mr. Waddell stated that is one piece of
that $3 million difference year after year that you were discussing earlier. Mr. Waddell stated that
he can get you a better number of that, exactly what that is, but it does fluctuate month to month.
Mr. Waddell stated that he thinks it was $250,000 the first month or $280,000 the first month and
about $250,000 the next month. Mr. Waddell noted that this is being shared by all the utilities in
Delaware and that it is not just us, DMEC is getting hit by it, Delaware Co-op is getting hit by it,
everybody is getting hit by it.
Responding to Mr. Boggerty, Ms. Marney explained that in one of the slides from how our
neighbors are doing, the Public Service Commission just put out an announcement to make citizens
aware that natural gas prices are going to continue to rise. Ms. Marney noted that electric
consumption, heating our homes, and water consumption, are all things that are within our power
to control depending on our personal use.
Responding to Mr. Boggerty, Ms. Marney answered Mr. Boggerty’s question of what are we doing
to help customers, by stating that the City of course will offer payment arrangements. Ms. Marney
stated that we have to look at the customer's individual history and look at if they have been
struggling. Ms. Marney stated that the City has to ask, if there is something else that we can do for
them, or if can we give them a referral to an agency that may be able to help them. Ms. Marney
noted that sometimes she will hear, I can tell on my side when I'm looking at a customer account
if they are a renter. Ms. Marney stated that she knows she can refer them to the DHAP program.
Ms. Marney continued that she also hears that they are a homeowner, they just lost their job, or
they have been out sick with Covid. Ms. Marney noted that she knows that they can qualify for the
Delaware Homeowner's Assistance Fund as an example.
Responding to Mr. Boggerty, Ms. Marney explained that what we do try to do is look at their
billing history and how many bills are outstanding. Ms. Marney continued that they also look at
whether are they at risk for disconnection and what the City can do to prevent a disconnection Ms.
Marney continued that she can tell you that one of the last things she wants to do, is disconnect
somebody's power, especially if we are in extreme weather where it is too hot or too cold. Ms.
Marney continued to state that what she generally says is the City is not regulated by the Public
Service Commission's rates for weather, but that we try to follow them. Ms. Marney explained
what that means is if it is 32 degrees at 8:00 AM, the City is not going to cut your electricity off,
usually. Ms. Marney continued to explain that there may be extreme circumstances where there
are circumstances where the City has to, but we try not to. Ms. Marney noted that it is the same
when the heat index makes it over 100 degrees then the City is not going to look at disconnecting
power. Ms. Marney continued to state that we do try to evaluate each person so we can customize
our answer to what their concerns are and what they are facing. Ms. Marney stated that the City
has relationships with Catholic Charities, First State Community Action, and DHSS. Ms. Marney
noted that there are places that we can go and that we can refer individuals to for help if the City
cannot help them.
Responding to Mr. Boggerty, Ms. Marney stated that the City should not push it under the rug and
think that it is going to go away, which she has seen happen sometimes. Ms. Marney continued to
state that it is a case of pride sometimes and embarrassment and that it is okay to be in a spot where
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you have trouble and ask for help. Ms. Marney noted that she thinks that it is one message that the
City needs to make clear to everyone, that it is okay to ask for help and that is what it is there for.
Ms. Marney continued to state that again, that is why the City is partnering with the health initiative
and NCALL Research and why we refer individuals to 211. Ms. Marney noted that it is okay to
ask for help and that it is okay to give the City a call to see what we can do to assist residents
through the process.
Responding to Mr. Boggerty, Ms. Marney stated that several years ago our residential deposit was
capped at $900. Ms. Marney stated that the amount is insane and that it would be hard for anyone
moving to come up with an extra $900. Ms. Marney explained that the City capped that deposit to
$500 and offers available to extend it out over a period of bills. Ms. Marney continued to explain
that the City also offers the ability for a customer to have their credit report run and that if they are
not comfortable with that, they do not have to do that. Ms. Marney noted that the City also accepts
letters of good credit from other utility agencies, such as Verizon or AT&T. Ms. Marney stated
that it does not necessarily have to be an electric utility, but that the City will accept a letter of
good credit. Ms. Marney stated that there are also assistance programs through the state and
through Catholic Charities that will assist individuals with deposits
Responding to Mr. Sudler, Ms. Marney explained that she does speak for a senior citizens sector
of the community, her father is 92 years old. Ms. Marney stated that she knows her dad would
have one heck of a time going through that process, should he need help. Ms. Marney stated that
she has reached out to Modern Maturity, and they will be more than happy to walk individuals
through that process for the DHAP program, DHAF, or even Catholic Charities. Ms. Marney noted
that they will help them apply for any type of assistance that they need.
Responding to Mr. Sudler, Ms. Marney stated that there are individuals even in my age group that
could care less about computers. Ms. Marney stated that we have had some aggravation to be
honest, with those programs ourselves. Ms. Marney noted that one of the things that the City does
request is that individuals are to show that they have been approved for the program so that we can
put a hold on their account, so they are not disconnected.
Responding to Mr. Sudler, Ms. Marney explained that a lot of times what she is finding is that they
are missing information that has not been submitted or that they are still waiting for information
from their landlord or even from their mortgage company.
Responding to Mr. Taylor, Mr. Waddell stated in regards to the reinstatement of McKee, that won't
happen. Mr. Waddell stated that the air permit is gone, it has been retired. Mr. Waddell stated that
to resubmit that process, you would be looking at years and potentially millions of dollars in order
just to get the air permit. Mr. Waddell explained that not even considering the age of that unit and
the upkeep that would be required to maintain it. Mr. Waddell noted that it costs a lot of money to
produce power there and that it was not an attractive source of power from a money-making aspect.
Mr. Waddell continued to explain that to maintain that unit, they would have to invest a bunch of
money into putting it all back together due to the demolition process as far as DNREC has given
us the approval for the above-ground tank storage demolition. Mr. Waddell stated that the City has
done hundreds of thousands of dollars of work on the environmental side to make sure that we got
the right plan going forward with the RFP to get the building knocked down. Mr. Waddell stated
that the City is going through an integrated resource plan and that an integrated resource plan takes
a 20-year snapshot or a 20-year forecast of where the city may need to be. Mr. Waddell noted that
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 10
it is not a cemented solid way forward, but it at least gives us feasibility as far as money goes,
where we need to spend to make our infrastructure more robust.
Responding to Mr. Taylor, Mr. Waddell stated that he believes it is two different lines from
Delmarva. Mr. Waddell explained that if one feed goes out, they can back feed from the other and
vice versa. Mr. Waddell noted that it is the same way that the City operates when there is an outage,
we try to build everything redundantly.
Responding to Mr. Taylor, Mr. Waddell stated that at VanSant, the City has 42 and a half
megawatts of generation and that the peak load for the city last year, he believes was 164
megawatts. Mr. Waddell noted that we could supply 25%. Mr. Waddell stated that he does not
know if there is an industry standard for how cities need to be islanded, meaning they can self-
support. Mr. Waddell stated that when we did have all three units in McKee plus VanSant online
when you added all that together, we had enough to where if we lost a feed and we had the natural
gas availability to run those plants, we would have had enough to supply the city on a limited basis
until the gas runs out or our oil runs out. Mr. Waddell noted that the City is required to have 16
hours of runtime and fuel on standby and that you would be looking at 16 hours if we were not
able to get any fuel, meaning natural gas.
Responding to Mr. Sudler, Ms. Marney stated no, it is not a predictive approach, and that the City
is taking physical, actual readings off of your meter with a handheld device. Ms. Marney stated
that you can take a picture of your meter at the same time and that she has done this for some
customers when there was a concern about usage. Mr. Marney explained that they have sent a
meter reader physically to a location, where they have taken the handheld device and the meter
and then taken a picture of both sides by side. Ms. Marney stated that way you can compare the
numbers on our handheld device and the numbers on the meter and that they are true and accurate.
Ms. Marney explained that the AMR uses radio waves, so it's submitting that or emitting that
information to our handheld device from a radio read device that's on the physical meter back to
our meter reading equipment.
Responding to Mr. Sudler, Ms. Marney stated that they are actually in their vehicles. Ms. Marney
explained that they have the handheld device, and they also have a mounted device in their vehicle
that is picking up the readings from the actual meters. Ms. Marney continued to explain that it is
communicating back to the meter reading software and that once they are done with their routes
for the day, they bring their handheld device back to the office. Ms. Marney stated that then we
upload those readings into the billing software so that we can bill. Ms. Marney noted that she is
not going to say that there has never been a problem, but 97-98% of the time the readings are
accurate. Ms. Marney stated that most of the time when there is a problem, it may be with a water
meter, where the radio read has gone bad and the meter is in a pit. Ms. Marney stated that in those
cases we put in a work order for that device to be replaced and that it will do a visual read. Ms.
Marney noted that someone is physically going out and checking that meter to make sure that the
reading is correct before we bill it.
Mr. Waddell stated that if they do get a complaint that someone thinks that a meter is bad, our
meter guys will go out, pull that meter, install another meter, and then they will bring that meter
back in. Mr. Waddell noted that they will run it through a whole testing process to verify if it is
bad or if it's good and then we communicate with the customer to let them know. Mr. Waddell
stated that if there are continued questions about usage then they can put load loggers on there,
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 11
that will measure continuous energy data and then we could go back and try to figure out what is
causing it to be so high.
Responding to Dr. Pillsbury, Ms. Marney explained that notices start going out in May with the
budget process. Ms. Marney explained that they have talked internally about how to improve that
process and that it is difficult to advertise or send a notice out specifically to customers when we
do not have set rates yet. Ms. Marney stated that she suggested that we change the language in our
rates tariff based on some of the feedback that we had received. Ms. Marney stated that she
understood what the concern was, but it depends on the type of meter reading equipment. Ms.
Marney noted that Easton Utilities' language says something to the effect, "All bills rendered in
the month, regardless of meter read or usage timing, are billed at the new rates." And the wording
in their tariff says, "Bills rendered on and after" their beginning. Ms. Marney stated that she begins
in September, whereas we begin in July. Ms. Marney noted that we have had some internal
conversations on how we can improve that process
Responding to Dr. Pillsbury, Ms. Marney explained that the information is included in the budget
packets in May and then again during the first Council meeting in June. Ms. Marney assured the
council that the information is available to the public.
Responding to Mr. Rocha, Mr. Waddell stated sure the AMR and the AMI, you're going to get the
same data. How it is read is what the different aspect of it is and the granularity of the data. With
the AMI, it is all sent and communicated the same way, except there is no need for a person to go
driving through the city. Mr. Waddell stated that with the AMR, it is a snapshot at that moment as
they drive by but with the AMI, we would be able to get them hourly data. Mr. Wardell stated that
if we purchased that functionality on that meter, we could give them five-minute data. Mr. Wardell
explained that converting from AMR to AMI is a very large outlay of money. Mr. Wardell noted
that he has not looked at prices recently, but it could be anywhere from $5 to $15 million because
every meter in the city has to be converted and has to be changed out. Mr. Wardell explained that
when the decision was made to move from HTE to Munis, as the city software, they put the AMI
process on hold. Mr. Wardell stated that we did not want to move into a new data collection system,
then throw it into a new billing software system, and to be cautious, we pushed that away. Mr.
Wardell noted that the ability for the customer to have more data is there if that is the route that
we want to go.
Responding to Mr. Rocha, Mr. Waddell stated that he is willing to say yes but now he would say
95% sure. Mr. Wardell stated that would be something as simple as going into the software and
telling it from this date forward at midnight 01, on July 1st, everything from that time until the
read date will be at the new rate and then they could have that bill split. Mr. Wardell stated that
functionality would be there in an AMI system, but it is the AMR system, it's like your old, corded
telephone in your house.
ADOPTION OF MINUTES -REGULAR COUNCIL MEETING OF SEPTEMBER 12, 2022
The Minutes of the Regular Council Meeting of September 12, 2022, was unanimously
approved by motion of Mr. Neil, seconded by Mr. Boggerty, and bore the written approval
of Mayor Christiansen.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 12
COUNCIL COMMITTEE OF THE WHOLE REPORT - SEPTEMBER 13,
2022
The Council Committee of the Whole met on September 27, 2022, at 6:02 p.m.
with Council President Sudler presiding. Members of Council present were Mr.
Anderson, Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr. Neil, Mr. Rocha, Mr. Taylor,
and Mr. Hare. Dr. Pillsbury was absent. Mayor Christiansen was also present.
Civilian members present for their Committee meetings were Dr. Jackson and Mr.
Hosfelt (Safety Advisory, and Transportation) Mr. Shelton (Utility), Mr. Shevock
(WebEx), and Mr. Contant (WebEx). Mr. McCutcheon (Utility)was absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and
unanimously carried.
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and
unanimously carried.
Presentation - Next Generation Outcomes (Larry Normile, Erin Smith, and Emily
Sestito)
Mr. Larry Normile, 46 Stone Ridge Drive, Dover, Delaware. 19901 reviewed his
presentation entitled Next Generation Outcomes.
Responding to Mr. Neil, Mr. Normile confirmed that Next Generation Outcomes is
incorporated. Mr. Normile explained to get participants into the program, he will
work in conjunction with the City of Dover Police Department, Department of
Justice, Attorney General’s Office, and Probation and Parole.
Responding to Mr. Neil, Mr. Normile stated that he currently does not have a place
for participants to live or a place for them to go once they graduate. Mr. Normile
explained that he has reached out to Country Village Apartment Homes.
Mr. Neil stated that it is going to be hard to locate housing, there is not much space
available and that is something he has been looking and fighting for because that is
the main reason a lot of people are homeless. Mr. Neil explained that even if people
have the money, there is not enough inventory.
Responding to Mr. Neil, Mr. Normile stated that he does not have a current income
source, which is why he is meeting with organizations such as the City Council and
the Department of Justice. Mr. Normile stated that he does not have the money right
now, but he will even if it is in another two to three years, he will work for it, and
build his capital.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 13
Mr. Neil wished Mr. Normile all the luck in the world because he thinks the
program is terrific. Mr. Neil stated that if Mr. Normile can accomplish everything
that he has set out to do it would be a marvelous tool for the Police Department,
which anybody dealing with the social ills of this society can do.
Mr. Sudler stated that he thought Mr. Normile presented a very good presentation.
Mr. Sudler recommended filtering loitering issues to this rehabilitation and
community service program. Mr. Sudler urged Mr. Normile to contact the City
Manager because last month another non-profit requested a building or dwelling
that the city could donate based on a purpose and need. Mr. Sudler commended Mr.
Normile for following his spirit, and heart, and providing a highly-needed service
in our community.
Mr. Anderson thanked Mr. Normile for coming tonight and for his presentation.
Mr. Anderson stated that he is looking forward to the future with this program and
he believes it will make the entire county better. Mr. Anderson stated that Kent
County has grants open right now from the American Rescue Plan Act (ARPA)
funds and he believes that the deadline is October 25th. Mr. Anderson recommended
Mr. Normile look at Kent County’s website.
Responding to Mr. Rocha, Mr. Normile confirmed he received his 501(c)(3) in
2019.
Mr. Boggerty encouraged Mr. Normile to meet with Group Violence Intervention
Program (GVI) because he feels like both programs could work together. Mr.
Boggerty stated that he would get the contact information to Mr. Normile after the
meeting.
Presentation - Dover Loitering Ordinance- 2022 Update (Chief Thomas Johnson,
Dover Police Department)
Chief Thomas Johnson, Dover Police Department, reviewed the presentation
entitled Dover Loitering Ordinance 2022 Update.
Responding to Ms. Arndt, Chief Johnson stated that slide 24, section 70-9 is for
non-state-funded schools, for example, the private schools would have the same
authority as public schools.
Ms. Arndt stated that she liked that Chief Johnson was proposing court-tested
language found in the state statute.
Responding to Ms. Arndt, Chief Johnson stated that Council has the power to
decide what the consequences of a loitering citation in the city would be.
Mr. Boggerty stated that he would like to make sure the ordinance is being
administered fairly, if they are going to use the lower-level ordinance, then it must
be used for all unless they are frequent offenders. Mr. Boggerty requested seeing a
fair report including demographic, age, race, sex, and national origin.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 14
Responding to Mr. Boggerty, Chief Johnson stated that they used 2019 statistics
because it was pre-covid. Chief Johnson explained that during the pandemic, there
were operational adjustments on the number of citizen contact that they proactively
engage in, and the data would have been skewed.
Chief Johnson stated that Mr. Boggerty’s concern was completely understood as
Council will be drafting the Ordinance and voting to implement it. Chief Johnson
stated that he would provide contextual data, not only the numbers but context to
draw off, for example, communication from elected officials, 911 calls, and
proactive behaviors in chronic condition areas.
Mr. Boggerty stated that “I, Andre, councilman trust you, I have full confidence
that they are given the spirit that you delivered.” Mr. Boggerty stated, “let’s clean
up so we can tackle some issues that this city desperately needs tackling.” Mr.
Boggerty explained there have been break-ins, an increase in the homeless
population, and problems that Council needs to solve.
Responding to Mr. Rocha, Chief Johnson stated that cadets only have the authority
to enforce local offenses at Council’s pleasure. Chief Johnson explained cadets
currently enforce parking, littering, and other quality-of-life things. Chief Johnson
suggested that if Council would like for cadets to enforce loitering, then they
include that in the ordinance.
Responding to Mr. Rocha, Chief Johnson stated that he could provide suggested
language and that if there becomes a problem through an internal procedure, he
could rectify the situation.
Responding to Chief Johnson, Mr. Boggerty stated that whatever the numbers come
out to be he would like to see that it is fair.
Mr. Boggerty stated that page 21 of the packet discussed the cadets and that the
created purpose was due to the continuing safety and security concerns expressed
by the merchants. Mr. Boggerty suggested deleting why it was created because if
the numbers go down someone could say they are not needed.
Mr. Neil thanked the original sponsors of the loitering ordinance because they took
a lot of heat to bring about this moment. Mr. Neil explained that the original
sponsors tried to lessen the costs for somebody going through the process and not
having a record at the same time, trying to balance the individual’s rights
constitutionally with actions that were causing businesses to lose their business.
Mr. Neil further explained that they were losing their livelihood, and equity
invested, and deeply hurting the City of Dover because of the actions that were
taken by people who were loitering.
Mr. Neil thanked Mr. Anderson and Mr. Taylor for kicking the ball in the right
direction. Mr. Neil stated that they are now going to pull together information from
the Chief’s presentation so that they can achieve their goal. Mr. Neil explained that
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 15
if we lose businesses and nobody wants to come then everyone gets hurt. Mr. Neil
noted that he has absolute trust in the Chief.
Mayor Christiansen stated that most of the job descriptions state that other duties
may be added at the discretion of the Chief and that the cadets need to be modified
to include the same language.
Mr. Sudler stated that he would like to see a statistical data review board comprising
individuals in certain zones so that they can review the statistics, look at the data,
see the authentication of the process, and be able to talk about the prior data. Mr.
Sudler explained that he felt they would get more buy-in from the community and
that it would show more accountability and transparency. Mr. Sudler thanked
Mr. Anderson and Mr. Taylor for their support in the loitering initiative.
Responding to Mr. Taylor, Mr. Sudler stated that the Police Chief’s Advisory Board
would be a start, but he thinks that individuals who live in the New Street area
should be included to help advocate that they see the statistics, that this is something
that is authentic and has a buy-in as a part of the process. Mr. Sudler explained that
the Police Chief’s Advisory Board should also be comprised of the business owners
in addition to residents because they will echo the message that they need to do
their part as a part of the community and the initiative to clean up downtown Dover.
Mr. Sudler stated that he felt they needed new eyes and a new mission statement
separate from the Police Chief’s Advisory Board only looking at statistics.
Responding to Mr. Sudler, Mayor Christiansen stated that he agreed that they
needed to make sure that the statistics and demographic information is available to
the community. Mayor Christiansen stated that he has implicit trust in the Chief,
his staff, our statistician, and the Police Chief’s Advisory Board which was
established to review and provide some oversight and suggestions for the operation
of the Dover Police Department.
Mayor Christiansen stated that he did not feel it was in the best interest of the
ordinance to reinvent the wheel.
Responding to Mr. Sudler, Mr. Taylor stated that Dr. Jackson – Short is a member
of the Police Chief Advisory Board, which helped bring forth this loitering
presentation. Mr. Taylor agreed with the Mayor that oversight is needed but should
be provided by the Police Chief’s Advisory Board. Mr. Taylor stated that he felt
that they would continue to do an outstanding job if they were given another
responsibility, whether it be dealing with the demographics of this or anything else.
Mr. Taylor noted that he has full faith in their abilities to be non-biased and move
forward in a way that everyone can find satisfaction in their efforts.
Mr. Anderson stated that a statistical review could be made with a motion and that
he felt that should be done parallel with the ordinance but not as part of the
ordinance. Mr. Anderson noted ordinances are laws that last until they are repealed.
Mr. Anderson stated that he would like to have flexibility in how they deal with
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 16
issues when it comes to being able to review because their needs of them can change
quickly.
Mr. Anderson moved to refer to staff to move forward with the drafting of this
loitering ordinance. The motion was seconded by Mr. Neil.
Mr. Sudler stated that was a very keen observation and statement made by Mr.
Anderson. Mr. Sudler noted that the community has called for the reactivation of
the Human Relations Commission, and he believes that something of this
magnitude needs the community’s input regarding whom they feel most
comfortable. Mr. Sudler explained this is a sensitive topic and Mr. Taylor and Mr.
Anderson have taken a lot of heat for the City of Dover.
Mr. Sudler stated that Mr. Anderson and Mr. Taylor have also taken the time and
the intelligence to listen and do their due diligence. Mr. Sudler stated that he
appreciates it and supports this initiative.
Mr. Anderson moved to refer to staff to move forward with the drafting of this
loitering ordinance. The motion was seconded by Mr. Neil and unanimously
carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Proposed Ordinance #2022-15 - Chapter 70 by adding Section 70-9, Nuisances, and
amending Appendix F, Fees, and Fines (Mary Ellen Gray, Director of Planning and
Inspections)
Mr. Hugg reviewed Ordinance #2022-15-Chapter 70, Section 70-9, Nuisances, and
amended Appendix F, Fees, and Fines.
Staff recommended approving the Ordinance for First Reading on October 10,
2022, at the Regular City Council Meeting.
Mr. Hare moved to approve Ordinance #2022-15 for First Reading on October
10, 2022, at the Regular City Council Meeting, as recommended by staff. The
motion was seconded by Mr. Sudler and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Discussion Loockerman Street Assessment Tour (Councilman Ralph Taylor)
Mr. Taylor reviewed the pictures in the packet under Discussion of Loockerman
Street Assessment Tour. Mr. Taylor noted the tree roots, loose bricks becoming
weapons, tripping hazards, damaged downspouts from fighting, and alley fencing
that the police cannot see through. Mr. Taylor noted that all of these are safety
hazards for the city and our citizens.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 17
Mr. Taylor stated that a decision needed to be made regarding the trees causing
damage, he suggested removing them and getting trees that are more suitable for
those locations.
Mr. Neil stated that he hoped that all of this was being shared with the Downtown
Dover Partnership (DDP) and Mosaic because it needs to happen but also be a part
of the total plan for downtown.
Mayor Christiansen pointed out that the Bond Bill gave the Downtown Dover
Partnership a lot of money that could be used now for streetscape improvements.
Mayor Christiansen stated that if DDP is going to be the true partner to the city,
then some of those monies should be made available to address some of the issues
Mr. Taylor has brought forth.
Mr. Sudler stated that one way that they could deal with the roots of the trees, would
be to shave the mature roots so that bedding could be placed for the pavers to be
placed over. Mr. Sudler noted that they also have a foaming root killer that could
be placed on the root, and it would dissolve in that area. Mr. Sudler explained that
these options would not damage a mature tree but are short-term mechanisms that
they could take to reinstall the bedding and concrete.
Mr. Anderson agreed with Mr. Neil and thanked him for his comments. Mr.
Andersons suggested they should look at different proposals and maybe look at
how downtown looks and functions to make an informed decision. Mr. Anderson
noted that they needed to decide quickly on how to proceed.
Ms. Arndt stated that she hoped that they are not setting the stage to remove the
trees, remove the brick, and put down smooth concrete. Ms. Arndt stated that she
agreed with the tripping hazards and a relative immediate need to address those
issues in terms of the tree and roots. Ms. Arndt stated that they learned a lot from
the Bradford Street project and dealing with mature street trees that are healthy
within urban environments. Ms. Arndt noted that brick sidewalks can be a
maintenance headache however they are beautiful and make our downtown unique.
Responding to Mr. Rocha, Mr. Taylor explained that the photo showed only access
to the basement. Mr. Taylor noted that it may be something they are going to have
to work around.
Ms. Tina Bradbury, DDP stated that the bond bill that was received is not for
streetscape but that it is to bring buildings up to code and get ready to be leased.
Mr. Taylor moved for adjournment of the Safety, Advisory, and
Transportation Committee, hearing no objection, the meeting adjourned at
7:26 p.m.
Mr. Sudler announced Council would take a recess and resume at 7:35 p.m.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 18
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and
unanimously carried.
Mr. Hare moved to move items #2 Purchase Ground Penetrating Radar, #3
Delaware Drinking Water State Revolving Funds Applications, and #4 Aero Park
Elevated Water Tank Equipment Relocation #5 Proposed Ordinance #2022-17 –
Amending Chapter 110 – Cross Connection Control Program, Appendix F – Fees
and Fines to Consent Agenda and take one vote to approve all four items.
Mr. Anderson requested to remove Item #5 Proposed Ordinance #2022-17 –
Amending Chapter 110 – Cross Connection Control Program, Appendix F – Fees
and Fines
Mr. Hare moved to move items #2 Purchase Ground Penetrating Radar, #3
Delaware Drinking Water State Revolving Funds Applications, and #4 Aero
Park Elevated Water Tank Equipment Relocation to Consent Agenda and
take one vote to approve all three. The motion was seconded by Mr. Boggerty
and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Electric Service Handbook Revisions (Paul Waddell, Electric Director)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis
regarding the Electric Service Handbook Revisions.
Staff recommended approving the presented revisions to the Electric Service
Handbook.
Mr. Neil moved to recommend approving the presented revisions to the
Electric Service Handbook, as recommended by staff. The motion was
seconded by Mr. Sudler and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Purchase Ground Penetrating Radar (Jason Lyon, Director of Water Wastewater)
This item was approved on Consent Agenda and there was no separate discussion.
Delaware Drinking Water State Revolving Funds Applications (Jason Lyon, Director
of Water and Wastewater)
This item was approved on Consent Agenda and there was no separate discussion.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 19
Aero Park Elevated Water Tank Equipment Relocation (Jason Lyon, Director of
Water and Wastewater)
This item was approved on Consent Agenda and there was no separate discussion.
Proposed Ordinance #2022-17 - Amending Chapter 110 - Cross Connection Control
Program, Appendix F - Fees and Fines (Jason Lyon, Director Water, and
Wastewater)
Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background and
analysis of Proposed Ordinance #2022-17.
Staff recommended approval of the Ordinance for First Reading at the October 10,
2022, Regular City Council Meeting.
Mr. Lyon stated that he would like to thank Ms. Kate Mills, Water Production
Manager because this would not be in front of Council without her and that she did
a fantastic job putting this whole cross-connection control program together.
Responding to Mr. Anderson, Mr. Lyon stated that it is important to realize that for
the majority of residential customers, this will not impact them. Mr. Lyon noted that
some exceptions were in the packet, such as if you have an irrigation system that is
connected to a chemical disbursement, you must have a backflow preventer on that.
Mr. Lyon stated that if you have your pool directly connected to the water service
line, which is very, very rare, you must have a backflow preventer so that chlorine
water cannot come back in. Mr. Lyon noted that if you have reclaimed water and if
you have a fire suppression system, most residential units do not have that.
Mr. Lyon explained that these fees are primarily going to be for businesses that are
required to put in a backflow preventer because of the high hazard risk or if there
were any sort of additional concerns that we would have. Mr. Lyon explained that it
is going to be filled out in the survey, which is in the packet, and that it will be sent
out to all the businesses, then they are going to return it to us. Mr. Lyon continued to
explain that then the city is going to through them with our partner, National Water
Specialties Company (NAWSC), and provide them with direction on which way to
go.
Responding to Mayor Christiansen, Mr. Lyon confirmed backflow devices would
need to be tested annually by a licensed contractor.
Mr. Neil moved to recommend approval of Proposed Ordinance #2022-17 –
Amending Chapter 110-Cross Connection Control Program, Appendix F – Fees
and Fines for first reading at the October 10, 2022, Regular City Council
Meeting. The motion was seconded by Mr. Hare and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Mr. Rocha moved for adjournment of the Utility Committee, hearing no
objection, the meeting adjourned at 7:43 p.m.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 20
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt, and
unanimously carried.
Mr. Anderson moved to move items #4 Approval of a Grant Funded Group
Violence Intervention (GVI) Crime Analyst Position and #5 Acceptance of a 1.5
Million Dollar Grant Funded Camera Expansion to Consent Agenda and take one
vote to approve both items. The motion was seconded by Mr. Hare.
Mr. Sudler stated that he has a question for Item #4 and would like it removed from
consent.
Mr. Neil moved to approve item #5 Acceptance of a 1.5 Million Dollar Grant
Funded Camera Expansion by a consent agenda. The motion was seconded by Mr.
Rocha.
Responding to Mr. Sudler, Chief Johnson stated that it is the goal to have money
left over to purchase an extended warranty agreement with Advantech to push the
city’s expenses off as long as possible. Chief Johnson stated that they may be able
to push off the maintenance of the cameras for approximately 5 years. Chief
Johnson noted that maintenance for existing cameras is roughly $65,000 -$70,000
and that there would be a modest bump from that.
Responding to Mr. Sudler, Chief Johnson stated that there are many shovel-ready
camera locations that they could opt to build. Chief Johnson stated that their goal
is to build as far as they can and leave enough funds to purchase the warranty. Chief
Johnson confirmed that once the money from the American Rescue Plan Act
(ARPA) funds is depleted the city will be responsible for the maintenance and
upkeep of the cameras.
Responding to Mr. Sudler, Chief Johnson stated that the new cameras will be an
upgrade. Chief Johnson explained that the current cameras have a fixed position
and that they are pan and tilt cameras. Chief Johnson noted that the new upgraded
cameras have fixed-position cameras that look in every direction.
Mr. Sudler stated that we currently have a lot of cameras that have appeared or have
been perceived to be not operational downtown. Mr. Sudler stated that there was a
question from the community about the location of the cameras and how did the
cameras not catch a resident jogging downtown or even the fire on Lockman Street.
Did they catch the individual who may or may not have caused the fire, just hearing
from different circumstances, why are these cameras not working? Or when people
go to ask for certain footage, why are those cameras not working?
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 21
Mr. Sudler stated that his only concern is that maybe some of the grant money that
the city is receiving, should be used to make sure that the cameras that are not
operational become operational, or at least demonstrate to the community that all
of our cameras are operating. Mr. Sudler continued by stating that they will feel
more confident in knowing that, even though this is grant money, it is still money
that is given to our constituents under the stewardship of Council to guide and direct
where it should go.
Mr. Sudler stated he likes the initiative, and the product, it looks great. I support
that, but he would be remiss if he did not echo that he wants to make sure that all
of our cameras are 100% operational for the transparency of the community and
also to make sure that we are being good stewards of our taxpayers' dollars moving
forward.
Mr. Sudler stated he is all for progression and all upgrades, but he wants to make
sure that what we have now is working and moving in a way that we can show due
diligence in all our efforts.
Responding to Mr. Sudler, Chief Johnson stated that there was a meeting a few
weeks ago to achieve what Mr. Sudler has described and learn from past failures.
Chief Johnson explained that the fiber optic network they are trying to build will
take away a lot of the wireless line of sight interruptions. Chief Johnson further
explained that a lot of the issues come from the trees blocking the line of sight and
they do much better in fall and winter once the leaves fall.
Chief Johnson stated the money that will install state-of-the-art fiber optics is in
collaboration with the in-kind contribution of the electrical department. Chief
Johnson further explained it will be to connect to upgrades and cameras that look
in every direction so that we no longer have gaps in coverage.
Chief Johnson stated that the internal infrastructure at headquarters is going to be
beefed up immensely and that it will complement the health monitoring software
that they already invested in to try and make sure that Advantech gets a notification
within 15 minutes of a detected failure so it can be addressed immediately, rather
than waiting for someone to find it the next business day. Chief Johnson explained
that they are looking in all of those zones while they were doing the planning. Chief
Johnson continued that they would like to think that they have looked at all the
contingencies that would be of concern and that think they have got them all
earmarked for resolution over the lifespan of this expansion initiative.
Responding to Mr. Rocha, Chief Johnson stated that the camera at Scarborough
Road which is in proximity to the tail line overpass will have visual cameras and
license plate reading cameras.
Mr. Ryan Kelly, Advantech, currently has license plate recognition in place
throughout the City of Dover and it is working flawlessly. Mr. Kelly explained that
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 22
each camera has a specific lane it concentrates on, so it does not have to wonder
which lane to concentrate on.
Mr. Neil moved to recommend approving Item #5 Acceptance of a 1.5 Million
Dollar Grant Funded Camera Expansion by a consent agenda. The motion
was seconded by Mr. Rocha and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Proposed Ordinance #2022-08 - Amending Chapter 66 - Manufactured Homes,
Mobile Homes, and Land Lease Communities, Section 66-3 - Manufacture; Homes
and Appendix F - Fees and Fines
Mr. Neil reviewed the background and analysis regarding the Proposed Ordinance
#2022-08 and Attachment #1 – Letter to Dover City Council – Ordinance #2022-
08.
Staff recommended approving the Ordinance for First Reading at the October 10,
2022, Regular City Council Meeting.
Responding to Mr. Taylor, Mr. Neil stated that it is a problem that the Department
of Justice has to handle because in essence, when the person leaves, even if they
take the title away with them and the community owner repossesses it for the lack
of rent, they are selling a home they have no right to sell. Mr. Neil stated that it is
not a Division of Motor Vehicles (DMV) issue at this point and that you still cannot
sell the home that you do not own. Mr. Neil explained that if you are selling the
home, saying, "Here it is, buy it. I want to collect your rent," the person cannot
resell the home. Mr. Neil continued to state that if they do not have a title, that is
against the law, and that becomes a state issue that we have to turn over. Mr. Neil
stated that if we recognize it because it is brought to our attention, then he thinks
we have to go to the Attorney General and that this is what this ordinance calls for,
to report it to the proper authorities with the state to let them deal with it. Mr. Neil
noted otherwise that the house is going to stay vacant until they can get a title, but
they cannot sell the home.
Mr. Rocha moved to recommend approving Ordinance #2022-08 for First
Reading at the October 10, 2022, Regular City Council meeting as
recommended by staff. The motion was seconded by Mr. Boggerty and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Proposed Ordinance #2022-10 - Amending Chapter 22 Buildings and Building
Regulations, Article VII. Property Maintenance Code, Section 22-226 Violation
and penalties and Appendix F - Fees and Fines
Ms. Mary Ellen Gray, Director of Planning and Inspections reviewed the
background and analysis regarding the Proposed Ordinance #2022-10.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 23
Staff recommended approving the Ordinance for First Reading at the October 10,
2022, Regular City Council Meeting.
Responding to Mr. Hare, Ms. Gray stated that if this ordinance passes then it would
be a question for legal counsel if it could be retroactive. Ms. Gray stated historically
going backward, enforcement has been a question for legal counsel.
Mr. Hare suggested consulting legal counsel if this ordinance could be retroactive,
if the City can send a letter asking for fines to be paid within 90 days or if a lien
will be placed, or if they could simply reissue the fine with a letter.
Mr. Hare moved to recommend approving Ordinance #2022-10 for the First
Reading at the October 10, 2022, Regular City Council meeting as recommended
by staff. The motion was seconded by Mr. Rocha.
Ms. Arndt stated regarding Article V on page 151 of the packet, parking in a fire
lane, if the fee goes unpaid it would be a traffic violation and not tied to the
property.
Responding to Ms. Arndt, Ms. Gray stated she would look into it.
Responding to Mr. Contant, Mr. Kopp stated that Code Enforcement has a lien
spreadsheet that they update to include information such as owner information and
tax parcel id, then it will be billed through customer service. Mr. Kopp assured
Council that the process is not very time-consuming and that they have an
established process that they use for grass fines.
Responding to Mr. Hare, Ms. Gray stated that as of this morning the total amount
of unpaid fines between 2019-2021 is $605,800.
Mr. Hare stated to Mr. Hugg that each penny of the tax increase raises 370,000
dollars and that this is part of the tax increase that we need to collect.
Ms. Gray stated that the idea of this framework is that eventually, we would be
bringing in fewer fines because they feel this is kind of like a parent who threatens
to punish a child for bad behavior but never actually punishes them, that it ends up
being a hollow threat, so the bad behavior continues. Ms. Gray stated that if the
message gets out to the property owners of rental properties that there will be
consequences for this behavior, then the behavior we hope will change and the
properties will be better maintained. Mr. Gray stated that property owners and
renters will be in better compliance and that this is the goal.
Mr. Hare moved to recommend approving Ordinance #2022-10 for First
Reading at the October 10, 2022, Regular City Council meeting as
recommended by staff. The motion was seconded by Mr. Rocha and
unanimously carried.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 24
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Proposed Ordinance #2022-14 - Chapter 22- Buildings and Building Regulations,
Article X.- Rental Dwellings and Appendix F - Fees and Fines
Ms. Mary Ellen Gray, Director of Planning and Inspections reviewed the
background and analysis regarding the Proposed Ordinance #2022-14.
Responding to Mr. Sudler, Ms. Gray stated that Mr. Rodriguez issued a Legal
Opinion in January 2020, indicating that he believes it is a violation of the landlord-
tenant code- 25 Del. Coded 5101. Ms. Gray stated that this code shall regulate and
determine all legal rights, remedies, and obligations of all parties and beneficiaries
of any rental agreement of a rental unit within the state whenever, wherever
executed. Any rental agreement, whether written or oral, shall be unenforceable, in
so far as the agreement or any provision thereof conflicts with any provision of this
code and is not expressly authorized herein.
Mr. Sudler suggested contacting the Division of Human Relations that oversees
HUD or contacting the board that puts together the landlord-tenant code for an
opinion.
Responding to Mr. Sudler, Ms. Gray stated that she attended the Fair Housing Act
seminars in previous positions. Tracey Harvey also attends those training and
provides background regarding that from the Delaware State Housing Authority,
they do this every five years, and they assess our entities who receive Community
Development Block Grant program money.
Ms. Gray stated that there is a report that reviews every entity on how we are doing
with fair housing and how we are implementing the Community Development
Block Grant. Ms. Gray stated that she would bring forward that report.
Mr. Anderson stated the opinion, which conflicted with the Deputy City Solicitor
who drafted the ordinance, Representative Lynn, and Mr. Peraza. Mr. Anderson
stated that to remedy that, we went through all the trouble of changing the charter
to specifically allow for the City of Dover to deal with rental issues and safe
communities. Mr. Anderson explained that the 2020 opinion does not consider the
state law which just passed and was signed on September 9, 2022. Mr. Anderson
stated that he inquired about that with Mr. Rodriguez, and he agrees that it means
that the whole opinion, not saying what the result is, but the whole opinion would
have to be revisited because the laws have changed.
Mr. Anderson stated that he did not think that this should be part of that discussion
and that we plan to put that on an Agenda in late October to give time for review,
and that this should not be part of this ordinance.
Mr. Anderson moved that the provisions regarding safe communities be stricken
and deferred for another time. The motion was seconded by Mr. Hare.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 25
Ms. Arndt stated that she is in support of striking the safe communities’ provisions
from the ordinance. Ms. Arndt agreed with the solicitor that there is a conflict with
the landlord-tenant code and the state housing position that it is a discriminatory
practice. Ms. Arndt continued that the criminal activity is outlined within the safe
community section of the ordinance. Ms. Arndt asked why that would only apply
to renters. Ms. Arndt continues that criminal activity is criminal activity and that
the way it is written, it targets renters specifically, and renters are more likely to be
people of color. Ms. Arndt stated that she believes that is the basis for the opposition
to the Fair Housing Act. Ms. Arndt stated that she would be in favor of, as written,
striking the provision from the current ordinance.
Responding to Mr. Anderson, Mr. Kopp stated that regarding the agent required,
the reason why we were striking out the family member is we have had several
problems with properties where a designated family member is on site. Mr. Kopp
explained that they are going out to a property three or four times because that
family member is a tenant and a friend. Mr. Kopp continued that the owner would
call us and be like, "Oh, hey, my brother's going to be there” and it is a tenant who
is representing the property, and then it is not brought back into compliance. Mr.
Kopp further explained that a lot of things they are discovering are, there are a lot
of life safety concerns out here, the authorized agent, who is a family member does
not get the message across to the owner, or the owner is out of state, and they cannot
get ahold of the owner or the authorized agent whom they have listed. Mr. Kopp
noted that is why we would like to require a property manager, somebody who is
in Kent County who can respond.
Mr. Kopp stated they have had several issues where, whether it is trash, a leaking
pipe, or floors caving in because they have encountered that. Mr. Kopp continued
that the owners could be in Hawaii, or let's say Afghanistan on deployment and are
trying to get ahold of this authorized agent, who is nowhere to be found or does not
exist. Mr. Kopp explained by having that agent required, is going to better assist
the tenant in the event of an emergency, or if we do find violations within the
property, the agent can better assist us to get in compliance. Mr. Kopp noted that in
their history when there is a property manager assigned to the property, a licensed
property manager, they tend to get these violations issued a lot faster or corrected a
lot faster.
Responding to Mr. Hare, Mr. Kopp stated that even though an owner leaves contact
information, it is hard to get ahold of them and for them to get compliant in
emergencies. Mr. Kopp stated that this is more geared toward emergencies. Mr.
Kopp explained that they do have several emergencies where they cannot contact
anybody and, unfortunately, they end up having to condemn the unit and displace
the tenants, and then they are out on their own because again, they cannot get ahold
of the owner.
Mr. Anderson noted that the code already stated that the authorized agent and the
family member of the individual must be in the county already.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 26
Responding to Ms. Arndt, Ms. Gray stated that line 55 can mirror line 112 of the
ordinance to define property insurance.
Responding to Ms. Arndt, Mr. Kopp stated that it will be yearly inspections that
will take place with every new license, not renewed licenses. Mr. Kopp explained
that code enforcement already does this as a best practice and is asking it to be
placed in the code.
Ms. Arndt suggested a performance-based licensing system, where you consider
the property code, nuisance violations, and tax compliance so that landlords who
are in good standing are incentivizing them. Mr. Arndt discussed a fee reduction or
some sort of incentive package for the landlords that are doing a good job as
opposed to the landlords that are not maintaining their properties.
Mr. Neil moved to table Item #4 Proposed Ordinance #2022-14 - Chapter 22-
Buildings and Building Regulations, Article X.- Rental Dwellings and Appendix F
- Fees and Fines. The motion was seconded by Mr. Sudler.
Mr. Taylor stated we look at sections 22-333, and we were just talking about the
property manager, section A is line number 90. Mr. Taylor continued, that if we go
down to line number 99, section B, to incorporate some of that language. Mr. Taylor
explained any corporation or partnership owning a rental dwelling shall have a
designated member, partner, or employee having charged care or control of the
rental property.
Mr. Neil moved to recommend tabling Item #4 Proposed Ordinance #2022-14
- Chapter 22- Buildings and Building Regulations, Article X.- Rental
Dwellings, and Appendix F - Fees and Fines. The motion was seconded by Mr.
Sudler and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury, and carried by a unanimous roll call.
Approval of a Grant Funded Group Violence Intervention (GVI) Crime Analyst
Position (Chief Thomas Johnson, Dover Police Department
Chief Johnson yielded to questions from Council.
Staff recommended approving the grant-funded position as requested.
Mr. Sudler asked regarding the proposed new position for the GVI Crime Analyst
position, is there some statistical over workload or data indicating that the demand
of the current Crime Analysis Position that we have is being overworked or
overwhelmed?
Responding to Mr. Sudler, Chief Johnson stated the crime analyst that they have
right now is a hybrid position, he does crime analysis, but he is also the
accreditation manager, which means he's heavily involved in the development and
Page 27
CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 27
the maintenance of policy and procedure for the CALEA accreditation. Chief
Johnson noted that he handles the general policing crime analyst duties.
Chief Johnson stated that naively as a department when GVI came to us and turned
the program on, we thought that we could handle what we thought was going to be
a limited number of clients and a limited number, that we assessed as not a heavy
lift on information, not only collecting, but the big piece is the information sharing.
Chief Johnson explained that when you take into consideration under the umbrella
of the Department of Corrections, the Department of Health of Human Services,
and the other state law enforcement agencies in our federal partners, we had no idea
the amount of time this was going to burden Case Detectives in making sure that
everybody involved in GVI is on the same page, particularly when we have an event
where shots are fired and folks that have other roles to play need real-time data as
to what is going on in an investigation.
Chief Johnson stated that we started the year with him hearing, "Chief, we will be
all right, we do not need this analyst. We got this." And then by the middle of the
summer, it was, "Yeah, Chief, we were wrong. We need this analyst." Chief
Johnson stated that coincidentally, the same point of contact in the Governor's
office brought to us the camera expansion opportunity through ARPA. Chief
Johnson stated that apparently, they did not realize at the time that ARPA was being
considered as the funding source for this position by the Governor's office.
Chief Johnson stated that when they started talking about the cameras, the
spreadsheet that is in the packet had personnel at the top line that had not been there
before. However, they are merging both the camera project and the crime analyst
into the same budget from their perspective. Chief Johnson stated that from the
city’s standpoint, there is a difference between a camera expansion project and a
mid-season addition of personnel.
Chief Johnson wanted to make Council aware of the way that they have this
structured in the ask in case this money ever runs out. Chief Johnson stated that the
state intends to continue funding beyond this three-year window. Chief Johnson
continued to state that in the event, that there is some kind of philosophical change
or a barrier that makes that impossible, the way they are doing this is that Council
can turn this position off, at almost a moment's notice because it is part-time at the
maximum number of allowable hours. Chief Johnson stated that if it is Council's
pleasure at that time not to fund the position through city tax dollars that it will be
100% at the discretion of Council if it is not funded anymore by the state.
Chief Johnson noted that there is currently no money out of pocket from city dollars
to make this position start. Chief Johnson stated that if the state suddenly must step
away from it, we have no other match or obligation from that day forward to
continue. Chief Johnson noted that Council is 100% free to do as they wish at that
time.
Responding to Mr. Sudler, Chief Johnson stated that if this is denied then the case
detectives will not have as much time to do, such as major case detectives that are
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 28
in our drug, vice, and organized crime units, who are some of the lead personalities
with the GVI program. Chief Johnson noted that they are not working cases if they
are typing reports and making tons of phone calls and generating emails.
Chief Johnson stated that not only the GVI staff at the state level, but corrections,
probation, parole, health human services, anybody that is involved with a GVI
client who is sending us information, and then the information that we generate on
a GVI client that we have to share with all those other entities, that burden cannot
stop, and it is mostly a safety issue. Chief Johnson explained that a lot of the GVI,
non-law enforcement practitioners are in the field on their own, and if they do not
know in real-time that there is a conflict in progress or beef going on, then they
could be walking into something. Chief Johnson stated that they have to step up
their game to be as real-time as they can with information sharing, which is why
they are finding this position so crucial.
Mr. Sudler asked Chief Johnson if there was a process other than verbally saying
to the Chief, is there a process where they write and give a description regarding in
what areas a breakdown, so that the justification, the rationale is in black and white
on paper.
Responding to Mr. Sudler, Chief Johnson stated there is a process in place. Chief
Johnson stated that in early '21 he wanted to try and make sure he captured hourly
utilization. Chief Johnson stated that the annual report that he provided, was the
first draft of their attempting to capture the number of hours that they spend on any
particular task. Chief Johnson continued that there are categories for that
information is captured and that in some of its investigations, you could go all the
way down. How long they are taking the transport prisoners from point A to point
B? Chief Johnson explained that he is trying to build a cadre of data to justify any
further requests that he might have to bring to Council going forward in future
years. Chief Johnson noted that he does not have a specific category that discusses
hours that are involved in administrative time for GVI and that he is unsure if he
could go in reverse to get that information.
Chief Johnson stated that he is trusting Lieutenant Dickinson and the rest of the
GVI team, which includes stakeholders outside of the Dover PD, where the
consensus is. Chief Johnson noted that Wilmington ended up having to do the same
thing and that they have more than one because of the number of clients that they
have. Chief Johnson explained that they are just starting with one and that they are
starting it out in a way that has the most flexibility for them to make decisions in
the future to the pleasure of the department and Council as far as funding it.
Chief Johnson noted that he wished he had a better answer for Council President as
to the exact data that drove the request but that they are still moving towards our
first calling, which is going to bring more clients under the umbrella of GVI. Chief
Johnson continued that from then, all the things that occur from that calling date
will require top-shelf information sharing, and it is more analyst work than it is
police work.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 29
Responding to Chief Johnson, Mr. Sudler stated that he wished he could support
this initiative, but without the data, he cannot justify approval from his perspective.
Mr. Sudler stated that he does support Dover PD, but that is his opinion, and he is
just one vote.
Mr. Hare stated that the Chief has his support and that this is something the officers
needed, they came to the chief for it, and it is not costing the City money, and he
does not see the downside of approving it.
Mr. Hare moved to recommend approving the grant-funded position as
requested by staff. The motion was seconded by Mr. Neil and passed 7 in favor
to 1 opposed (Mr. Sudler).
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Boggerty, and carried by a unanimous roll call.
Mr. Rocha moved for adjournment of the Legislative, Finance, and
Administration Committee, hearing no objection, the meeting adjourned at
8:56 p.m.
Mr. Sudler moved for adjournment of the Council Committee of the Whole
meeting, hearing no objection, the meeting adjourned at 8:56 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Boggerty, and carried by a unanimous roll call vote.
QUARTERLY REVIEW OF CAPITAL INVESTMENT PLAN (CIP) (JUNE 2022)
Members were provided the Quarterly Report for the Capital Investment Plan (CIP) as of
June 30, 2022
By consent agenda, Mr. Neil moved for acceptance of the Quarterly Report for the Capital
Investment Plan (CIP) as of June 30, 2022. The motion was seconded by Mr. Boggerty and
carried by a unanimous roll call vote.
VEHICLE REPLACEMENT PURCHASE - #622 – FORD F350
Ms. Kate Mills, Water Production Manager, reviewed the background regarding the vehicle
replacement purchase #622 – Ford F350.
Mr. Hare moved to recommend allowing staff to replace the existing Ford F350 pickup truck
#622 from Winner Ford, Cherry Hill which is through the approved cooperative purchasing
company from the Delaware State Contract in the amount of $68,440. The motion was
seconded by Mr. Rocha and unanimously carried.
FIRST READING - PROPOSED ORDINANCE #2022-13
Council President Sudler reminded the public that copies of the proposed ordinance were available
on the City's website at www.cityofdover.com under "Government," or by contacting the City
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 30
Clerk's Office at 736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed
ordinance will take place during the Council Meeting on October 10, 2022.
By Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed
Ordinance as read by the City Clerk, by title only, as follows:
Ordinance #2022-13 Amending Chapter 90- Solid Waste, Section 90-2 – Unlawful
Deposits
FIRST READING - PROPOSED ORDINANCE #2022-09
Council President Hare reminded the public that copies of the proposed ordinance were available
on the City's website at www.cityofdover.com under "Government," or by contacting the City
Clerk's Office at 736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed
ordinance will take place during the Council Meeting on October 10, 2022.
By Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed
Ordinance as read by the City Clerk, by title only, as follows:
Ordinance #2022-09 Amending Chapter 114 – Vegetation, Article II – Weeds,
Section 114-34 – Fines and Appendix F – Fees and Fines
Responding to Ms. Arndt, Ms. Gray explained that she has prepared language similar to
that of the vegetation ordinance regarding unpaid fines being assessed at the tax bill
annually to recoup costs and plans to insert that language into the solid waste ordinance.
REZONING REQUEST FOR PROPERTY LOCATED AT 630 WEST DIVISION STREET
- FIRST READING OF PROPOSED ORDINANCE #2021-07
A request was received to rezone property located at 630 West Division Street, consisting of
1.0853+/- acres, owned by Silver Linings Holding Corporation in the care of Solano Anderson.
The property is currently zoned C-3 (Service Commercial) subject to the COZ-1 (Corridor Overlay
Zone) and the proposed zoning is C-2A (Limited Central Commercial) subject to the COZ-1
(Corridor Overlay Zone). (Tax Parcel: ED-05-076.08-01-40.01-000. Planning Reference: Z-21-
03. Council District 4)
Before amending the zoning ordinances and zoning map of the City of Dover, a public hearing is
required.
Mr. Anderson moved to refer the request to the Planning Commission on October 17, 2022,
and set a public hearing for November 14, 2022, at 6:30 p.m. The motion was seconded by
Mr. Neil and unanimously carried.
By Section 1-9 of the Dover Code, Council acknowledged the First Reading of Proposed
Ordinance #2021-07 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 630 West
Division Street
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 31
Responding to Mr. Anderson, Ms. Gray, Director of Planning, explained that for any allowed use
that is in that zone, the applicant will return for site plan approval. Ms. Gray continued to explain
that the allowed uses in the C-2A zone include retail stores, businesses, professional offices,
personal service establishments, restaurants, hotels, places of public assembly, drive-throughs,
single-family residents, as well as apartments and multi-family dwellings and conditional uses of
parking lots and fuel pumps, accessories to or permitted use. Ms. Gray stated that any of those uses
would be allowed in the C-2A zoning district. Ms. Gray then confirmed that it is consistent with
the comprehensive plan.
CITY MANAGER'S ANNOUNCEMENTS
Mr. Dave Hugg III, City Manager, referred to the handout 2022 Integrated Resource Plan Notice
(Exhibit #2). Mr. Hugg explained it is a 20-year planning process looking at issues of reliability,
resiliency, diversification, environmental stewardship, and fiscal responsibility. He stated they are
working with the Energy Authority, the energy management committee, and the risk management
committee. Mr. Hugg stated that they provide information to the energy authority and share in the
consideration of different options and opportunities. Mr. Hugg stated that this could include
increased reliance on renewables of various kinds or some kinds of energy efficiency other than
generation and purchase. Mr. Hugg noted that they meet monthly with the Energy Authority to
review energy prices, reliability, and the status of our generating facilities.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen announced that Friday, September 30th will be Delaware State University's
prayer breakfast and on October 1st the Dover Art League will be holding its grand reopening.
Mayor Christiansen stated that on the 5th of October, the Central Delaware Chamber of Commerce
is holding the Amazing Chase in downtown Dover. Mayor Christiansen also stated on the 6th of
October, Paint Dover will be opening up with several artists who will be painting downtown and
on October 8th all day will be Faith & Blue on The Green sponsored by Bishop Carol Harris, and
in the evening will be Octoberfest. Mayor Christiansen noted that the 9th of October will be the
Mayor's Silver Lake Regatta. Mayor Christiansen wished Council President Sudler Happy
Birthday.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Taylor, Councilman for the Second District, wished a happy Hispanic Heritage Month to all
of his Hispanic brothers and sisters and let them know he is available for a Hispanic Heritage
celebration meal if invited. Councilman Taylor also urged everyone to please trick or treat safely.
Council President Sudler thanked everyone for the birthday wishes and congratulated his wife for
Hispanic Heritage Month because she is from Puerto Rico. Council President Sudler also asked
everyone to keep Puerto Rico in their prayers.
Mr. Neil, Councilman for the Third District, wished a Happy New Year to the members of the
Jewish faith. Mr. Neil explained that it is the start of a 10-year high holy day period, which ends
on Yom Kippur, the Day of Atonement. Mr. Neil wished members of the Jewish faith a very
happy or easy fast and may they be ascribed in the Book of Life for next year.
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CITY COUNCIL MEETING OF SEPTEMBER 26, 2022 PAGE 32
Mr. Anderson, Councilman for the Fourth District, announced the Police Athletic League is
holding its second annual Outrunning Childhood Cancer 5K Saturday, October 1, 2022, at 9 a.m.
at the Buffalo Wild Wings. Mr. Anderson explained that registration for the event can be done at
Trisportsevents.com. Mr. Anderson stated that it is a great cause and a good time to stay fit by
walking or running or you can support by paying the $30 and doing a no-show as a silent supporter.
Mr. Anderson also announced that there will be a Fourth District Town Hall on October 3, 2022,
at 6:00 p.m. in Council Chambers and encouraged everyone to attend. Mr. Anderson announced
that they are going to report back on some items that have been brought up before and hear any
new concerns citizens may want to share.
Mr. Boggerty, Councilman At-Large, extended condolences to the cycling community, and the
Major Taylor Cycling group for the loss during the Amish Bike Ride. Mr. Boggerty stated that
they are planning a gathering for a silent ride but that they have not set a date yet. Mr. Boggerty
stated that there will be several hundred cyclists gathering from up and down the east coast to
memorialize the individual that was tragically lost during the Amish ride. Mr. Boggerty explained
that they get emails and texts from the cycling community about delineators. Mr. Boggerty urged
everyone to be aware, be safe, and be smart to all those in the cycling community.
Council President Sudler asked to send regards to the cycling community on behalf of all of City
Council and the Mayor.
Mr. Sudler moved for adjournment of the Regular Council meeting, hearing no objection
the meeting adjourned at 8:41 p.m.
Meeting adjourned at 8:41 p.m.
ANDRIA L. BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of September 26, 2022, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-MINUTES\TEMPLATES-COUNCIL MINUTES\TEMPLATE - REGULAR CITY COUNCIL
MEETING.DOCX
Exhibits
Exhibit #1 – Electric Rate Presentation
Exhibit #2 – 2022 Integrated Resource Plan
Page 33
City of Dover
Delaware
Utility Rates &
Billing Presentation
September 26, 2022
Page 34
How does the City set their rates?
The City contracts with rate consultants to evaluate
costs of services and rate designs.
Rate studies predict future costs of service and
compare those costs with the number of customers
serviced.
There are several factors considered when setting
rates. • infrastructure costs
• capital projects
• operating costs
• maintenance costs
• fuel costs
• power purchase costs
• environmental regulations also factor into the cost due to the purchase of
renewable energy credits (RECs) and solar renewable energy credits (SRECs)
Page 35
How are electric cost of services determined?
Projections are made based on market modeling for fuel
availability, generation outages, transmission charges.
The projections are compared to actual costs.
Page 36
Increase of purchase power costs
July – August 21’ vs 22’
is $3.9 million
Natural gas costs are continuing to fluctuate.
Page 37
We aren’t alone. Many neighboring utilities are considering a raise to their rates
How are rising or have already increased their utility rates due to rising costs.
purchase power
costs affecting
our neighbors?
Other utilities with increased rates
• Delaware Electric Coop
• Delmarva Power
• City of Newark
• MSC City of New Castle
• Town of Clayton
• City of Milford
• Lewes BPW
• Easton Utilities
• And many more nationwide
Page 38
How & when do rates get approved?
• Utility rates are reviewed and approved through the budget process for
each servicing unit.
• Electric Rates are submitted with the electric department budget.
• Water / Wastewater rates are submitted with the water department
budget.
• Sanitation rates are submitted with the public works budget.
• The budget is submitted to council in May and set for final approval in
June.
• A combined utility billing rates tariff is submitted to council for approval
in June for rate effective dates July 1.
Page 39
• FY23’ rates were approved by council on June 13,
2022. The final budget was approved on June 27th.
• All rate changes go into effect on July 1st.
When do • What does the rate effective date mean?
It means that all that rates are effective with the
first bill date issued in July.
rates go into • Management recommendation for tariff language
effect? change.
• Current Language – Effective Date July 1, 2XXX.
• Proposed Language - bills rendered on and
after July 1, 2XXX
• Example utility using this language –
Easton Utilities, Easton Maryland.
page 47 of 66 found here:
https://eastonutilities.com/wpcontent/uploads/2020/08
/Electric-Tariff.pdf
Page 40
What rates are
included in the
rates tariff?
Page 41
• The City of Dover has over 25,000 customers.
How many utility • 3,500 Commercial
• 40 Primary and Transmission
customers does the • Over 21,000 Residential
city have? • The city currently uses an AMR metering system. AMR is
an acronym for Advance Meter Reading. Meter reads are
obtained through a mobile network using a handheld device.
Readings are then uploaded to our billing software.
How are our meters • The City has approximately 55,000-meter endpoints
read and billed? An endpoint is a remote computing device that communicates
with our meters and meter reading equipment through what
we call “radio reads”.
Can you provide • Between 2,000 – 3,000 accounts are read daily and billed
the following day. The city bills 20 days out of the month.
daily readings by • The city is unable to provide daily readings for customer
accounts due to the current meter reading equipment
account? structure.
• An AMI (Advance Meter Infrastructure) system would be
needed.
Page 42
• Customer Charge
• Purchase Power Cost Adjustment
What electric
• Electric Consumption
• Green Energy
charges will I see
• Utility Tax (commercial only)
on my bill? **note customers who have a net meters (solar) will
also see a returned consumption credit on their bills.
**Outdoor and street lighting are optional charges.
Page 43
Residential “R” Single Phase
Electric Rate
“R” – Residential – Single Phase
Customer Charge $9.42
• Demand Charge $0.00 per kW
• Energy Charge $.12090 per kWh
• Subject to minimum bill requirements.
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWH
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
• Is not billed for utility tax
Page 44
Small Commercial “C – C1”
Electric Rate
“C – C1” – Small Commercial
Customer Charge $9.28 (single phase)
Customer Charge $24.28 (Three Phase)
• Demand Charge $0.00 per kW
• Energy Charge $.10080 per kWh
• Subject to minimum bill requirements.
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWH
• 2% or 4.25% utility tax per the State of Delaware
Division of Finance.
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
Page 45
Medium Commercial “C2 – C3”
Electric Rate
“C2 – C3” – Medium Commercial
Customer Charge $15.96 (single phase)
Customer Charge $30.96 (Three Phase)
• Demand Charge $12.85 per kW
• Energy Charge $.06390 per kWh
• Subject to minimum bill requirements.
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWH
• 2% or 4.25% utility tax per the State of Delaware
Division of Finance.
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
Page 46
Large Commercial “C5”
Electric Rate
“C5” – Large Commercial - Single or Three Phase
Customer Charge $27.06
• Demand Charge $12.86 per kW
• Energy Charge $.06210 per kWh
• Subject to minimum bill requirements.
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWH
• 2% or 4.25% utility tax per the State of Delaware
Division of Finance.
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
Page 47
Primary “P” Electric Rate
“P” – Primary - Single or Three Phase
Customer Charge $24.32
• Demand Charge $10.09 per kW
• Energy Charge $.06320 per kWh
• Subject to minimum bill requirements.
• Subject to Power Factor / Minimum Demand
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWh
• 2% or 4.25% utility tax per the State of Delaware Division
of Finance.
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
Page 48
Transmission “T” Electric Rate
“T” – Transmission - 69kV
Customer Charge $0.00 – Customer Owned Equipment
• Demand Charge $9.14 per kW
• Energy Charge $.05990 per kWh
• Subject to minimum bill requirements.
• Subject to Power Factor / Minimum Demand
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWh
• 2% or 4.25% utility tax per the State of Delaware Division
of Finance.
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
This rate is for customers such as, Edgewell, Kraft, The Energy
Center of Dover, and White Oak Solar. Note: customers own their
equipment.
Page 49
Federal Transmission “FT” Electric Rate
“FT” Rate - Federal Transmission Rate
Customer Charge $0.00
• Demand Charge $9.14 per kW
• Energy Charge $.05970 per kWh
• Subject to minimum bill requirements.
• Subject to Power Factor / Minimum Demand
• Rate Effective Date 7/1/2020
• Green Energy Charge of $.000178 per kWH
• Is not billed for utility tax
• Purchase power cost adjustment $.03 per kWh
• PPA Change effective 7/1/2022
This rate services the Dover Air Force Base • Contract updates require 60 days notice.
Page 50
What changed for
electric rates in
2022?
• The only change for FY 23’ is the
purchase power cost adjustment.
It is billed at $.03 per kwh used.
• All other electric rates are billed at
the 7/1/2020 rate.
• Customer Charge
• Electric Consumption
• Green Energy
• Returned Consumption (solar)
• Outdoor Lighting
• State Utility Tax (commercial only)
Page 51
WHY DID THE
PURCHASE POWER
COST ADJ. CHANGE?
Due to rising costs associated with providing
sustainable and reliable power to our
customers the City of Dover Council and
Budget Committee voted to implement a $.03
per kWh charge. In the form of a purchase
power cost adjustment. This will show as a
PCA or PPA rate on your monthly statement.
Page 52
Purchase Power
Adjustment History
The purchase power adjustment charge can be dated back to the
80’s when it was billed as a fuel adjustment.
The purpose of this rate is to balance out the increases and / or
decreases in energy costs to assist with stabilizing the fluctuations
of costs the city incurs to purchase and produce power for the
city electricity customers.
The PPA can show as either a credit or a debit on your utility bill.
Page 53
• The purchase power adjustment was either a credit or not billed at all
Purchase Power in rates documents on file from 2009 to present.
Adjustment History • During budget hearings for FY23 council requested that a debit charge
be used to off-set the increase in costs the city has incurred to run the
electric utility instead of implementing a real estate tax increase.
Rate Effective 7/1 Rate per kWh
2009 $ -
2010 $ (0.0028)
2011 $ (0.0086)
2012 $ -
2013 $ -
2014 $ -
2015 $ -
2016 $ -
2017 $ (0.00855)
2018 $ (0.00382)
2019 $ (0.00382)
2020 $ (0.00700)
2021 $ (0.00700)
2022 $ 0.03000
Page 54
What water & wastewater
charges will I see on my bill?
• Water & Wastewater Customer Charge
• Water Consumption
Rates based on metered water consumption
• Wastewater (sewer) Consumption
• Kent County Sewer Adjustment
• Ground Water Infiltration
**Note customers who have a lawn meter will see a
separate charge for lawn meter consumption. Lawn
meters are not billed for sewer related fees.
Page 55
Water & Wastewater Rates
Water & Wastewater Rates
Page 56
What changed for
water and
wastewater rates in
2022?
• All rates for water and wastewater rates
increased except for the KCSA fee.
• The KCSA fee is assessed by Kent
County Council.
• Our water and wastewater rates also
include outside city limit rates.
• Rates were approved to scale per the
most recent rate study by council in
2019.
Page 57
Sanitation (trash) Rates
Page 58
What changed for trash
rates in 2022?
• Trash rates increased by 6% for FY23 for all
classifications
• Trash service is offered to residential and
commercial customers located inside city
limits.
Page 59
How are rates advertised?
Sample
Page 60
How can we
help?
The city has partnered with the Help Initiative and NCALL Research to provide
citizens with the tools they need to help them work through rising costs
associated with day-to-day life.
The City will be hosting a Helping Hands Community Aid and Education Event.
Can’t make the event? Help Initiative will be providing energy conservation education along with
Contact 211.org for NCALL Research who will be demonstrating the Stand By Me Program for
education & assistance financial Education.
opportunities.
Various assistance agencies will be onsite to help customers who may need
financial assistance.
What can customer service do to help?
Payment arrangements ~ Deposit reviews ~ Account reviews ~ Program referrals
Page 61
I have a concern
about my bill, who CUSTOMER CONTACT
do I call? • Customer requests for payment agreements,
questions or concerns can be directed to
Customer Service at (302) 736-7035 or email
ebilling@dover.de.us.
How can I make a
PAYMENT OPTIONS AVAILABLE ARE:
payment
arrangement? • MAIL: City of Dover —PO Box 475, Dover, DE 19903
• DROP BOX: located at 5 E Reed Street, Dover, DE
• ONLINE: www.cityofdover.com
• PHONE: (302) 736-7035 Option 1
How can I pay my
NEWSLETTER
bill?
• Text keyword DOVER to 42828 to be added to our
electronic newsletter or log onto the city website at
How do I sign up for www.cityofdover.com to sign up!
the newsletter?
Page 62
Customer Service Meter Reading
Cashiers
Administration
Supervisors Billing, Tax & Back Office
Get to know our customer service team!
Our mission is to provide quality public service to our diverse group of customers with professionalism, respect, & integrity.
Together we will succeed.
Page 63
Thank you!
We value you and your time.
Thank you for reviewing our presentation.
Contact Us At:
Customer Service
ebilling@dover.de.us
Phone (302) 736-7035
Fax (302) 736-7193
City of Dover Website
Scan for
www.cityofdover.com current utility
rates