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EXHIBIT 1
COUNCIL MINUTES 10/27/03
CITY OF DOVER
HOSPITALITY & CIVIC FUNCTION POLICY
I. PURPOSE
There are occasions when the judicious extension of hospitality in connection with official City of
Dover business is in the best interests of the City of Dover, hereinafter referred to as “City.” There
are also occasions where attendance at civic events and functions which are not sponsored by the
City are in the best interests of the City. This policy outlines City policy and procedures governing
the manner and extent to which the City’s employees, public officials, and appointees may extend
hospitality while attending civic functions for business purposes only, provides maximum per person
rates authorized for meals and refreshments, and specifies the City funds that may be used for such
purposes.
II. SCOPE
This policy applies to all hospitality and civic function expenses incurred by the City regardless of
the source of funding, and to all City employees, public officials (as defined herein) and appointees
to City Boards, Commissions and Committees. Allowable costs for hospitality and civic functions
which are chargeable to federal grant funds are governed by various OMB Circulars. All City
employees, public officials, and appointees shall adhere to all requirements of applicable OMB
Circulars.
This policy does not apply to meal expenses incurred while on approved travel status (except as
specifically delineated hereinafter), which are covered by the City Travel Policy.
III. DEFINITIONS
• Approval Authority – a person to whom authority has been given in the City Charter and/or Code
or delegated in writing to approve hospitality and civic function expenses and to approve
exceptions to the hospitality and civic function policy and the limitations outlined in this policy.
• Civic Event/Function - any not-for-profit festival, celebration, or any similar occurrence or event
that is conducted for a charitable, historical, educational or public or civic purpose within the
City, provided, however that fund-raising events and all political activities are specifically
excluded from coverage under this policy.
• Exceptions – included hospitality and civic function expenses that exceed the per-person
maximum rates specified in Appendix A of this policy and any other type of hospitality and/or
civic function expenses that are not specifically included in this policy.
• Funding Sources – General Fund appropriations, Utility Funds, and other applicable funds.
Grant funds are governed by policies of the granting agency (e.g. the federal government, state
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government, etc.). Any expenditure of grant funds for hospitality or civic functions shall adhere
to the more restrictive clauses of the grantor agency and this policy.
• Hospitality – for purposes of this policy, hospitality includes expenses for activities that City
employees, public officials, and/or appointees initiate to promote the City to the public, usually
with the expectation of benefits accruing directly or indirectly to the City. Hospitality is broadly
defined to include providing any of the following:
1. Meals (catered or restaurant)
2. Light refreshments (beverages, hors d’oeuvres, pastries, cookies, etc.)
• Official Business – when a City employee, public official, or appointee engages a minimum of
60% of the time in a discussion of a City topic with supporting documentation.
• Official Guest – a person who renders a service to the City or is present at a City meeting,
conference, or event at the invitation of the person authorized to host the activity. City of Dover
employees, public officials, and appointees are not considered Official Guests under this policy.
• Official Host – an employee, public official, or appointee representing the City who hosts a
meeting, conference, or event.
• Public Official - see VII of this policy for the IRS definition which is incorporated by reference
herein.
• Unallowable Expenses/costs – expenses and/or costs which are not expressly permitted under
this policy and/or for which sufficient documentation is not provided as required under this
policy. Any obligation incurred by a City of Dover employee, public official, and/or appointee
contrary to this policy becomes the personal obligation of the employee, public official, and/or
appointee.
• Work Location – the place where the major portion of an employee’s or public official’s working
time is spent, or the place to which the employee or public official returns during working hours
upon completion of special assignments.
IV. ALLOWABLE EXPENSES AND APPROVAL
A. Allowable expenses and occasions
Expenses for hospitality and civic functions must be directly related to, or associated with, the active
conduct of official City business. The occasion must serve a clear City business purpose, with
negligible personal benefit derived by the official host or other City employees, public officials, and
appointees. In addition, the expenditure of funds for hospitality and civic functions should be cost
effective and in accordance with the best use of public funds.
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The procedures set forth in this policy are intended to conform to the Internal Revenue Service
regulations related to entertainment expenses and associated employee compensation issues.
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The following list provides examples of approved hospitality and civic function expenses:
• Host to Official Guests
When the City is host to official guests or dignitaries from outside the City who are visiting for a
bona fide official City business purpose, the cost of meals or light refreshments may be paid or
reimbursed.
The expenses of the spouse of a guest may be reimbursed provided such hospitality serves a bona
fide City business purpose. In cases where the expenses of a guest’s spouse are reimbursed,
expenses for the host’s spouse are also reimbursable.
• Joint Meetings with Other Governmental Entities or Organizations.
The costs of meals or light refreshments may be paid or reimbursed when the City is the host or
sponsor of a meeting with other local governments, local legislators, and/or other elected officials
meeting with the City on official City business. All such events or meetings shall be open to all City
elected officials to be reimbursable.
• Retreats, Meetings and Business Meals
The cost of meals or light refreshments may be paid or reimbursed when meetings of an
administrative nature are held that are directly concerned with the welfare of the City. Where meals
are involved, they must be a necessary and integral part of the business meeting, not a matter of
personal convenience (e.g. the cost of meals for employees from the same work location may be
reimbursed if a working lunch is included as part of a scheduled meeting). The meeting should take
place over an extended period of time and the supporting documentation should include a working
meal to satisfy the requirement that the meal is part of a genuine business function.
Reimbursement will not be allowed when two or more employees from the same work location or
elected or appointed officials (or any combination thereof) choose to go to lunch together to continue
their business as an incidental part of the meal, or when the meeting could have been scheduled
during regular working hours.
Reimbursement may be allowed when it is necessary for employees, public officials, or appointees
to conduct official City business during a meal, the circumstances surrounding the meal are beyond
the control of the employee or public official, and it is impractical to complete the business during
normal working hours.
• Reduced Cost to the City
The cost of light refreshments or meals may be paid or reimbursed when the cost of the refreshments
or meals is likely to be less than the cost to conduct the meeting or function outside of meal hours.
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• Employee Oriented Functions
The cost of light refreshments or meals may be paid or reimbursed when Citywide functions between
City officials, management, and employees are held for support of City employee events and
recognition activities that are open to all employees (e.g. employee appreciation day and employee
picnic). However, holiday parties, birthday parties, employee retirement parties, prayer breakfasts
and other events not essential for the conduct of City business are not allowable expenses under this
policy.
• Receptions
The cost of light refreshments and the cost of certificates, awards, plaques, and/or promotional
materials presented, may be paid or reimbursed for the Annual City of Dover Reception.
B. Approval of Transactions
When determining whether a hospitality or civic event expense is appropriate, the approving
authority must evaluate the importance of the event in terms of the costs that will be incurred, the
benefits to be derived from such an expense, the availability of funds, and any alternatives that would
be equally effective in accomplishing the desired objectives.
Delegation of Authority
Approval for all official City hospitality and civic function expenses must be obtained at the
appropriate level. In order to ensure that the approval of hospitality and civic functions is entirely
independent, individuals with delegated approval authority are prohibited from approving expenses
of a person to whom they directly report. The approval authority shall be the supervisor (or higher
level) of the official host. In addition, individuals with delegated approval authority shall not
approve their own hospitality or civic function expenses.
If the official host is the Mayor, approval authority shall be the Council President and Finance
director. If the official host is Council, approval authority shall be the Mayor and Finance director.
For Council-Appointed Employees, approval authority shall be the Council President. If the Council
President or Mayor is not available in advance of the event, the Council Committee Chair shall be
the substitute approval authority.
From time to time, supervisors may not be available for extended periods in advance of a permitted
event or function. When this happens, the supervisor may delegate approval authority to a
responsible person. A Delegation of Signature Authority Form or an equivalent form must be on file
for each individual to whom approval authority for hospitality and civic function payments has been
delegated. Any delegation of authority must be in writing, with copies provided to the Finance
Department.
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V. PROHIBITED/RESTRICTED EXPENSES
To prevent inequities among the various competing fund raising events, the occasion cannot be a
fund raising event for any one civic, charitable, or religious organization. Furthermore, contributions
and donations, including cash, property, and services, regardless of the recipient, or the purpose for
which the funds, property or services will be used are prohibited costs, unless the City Council and
Mayor have given specific written approval of such contributions and donations.
The following list provides examples of prohibited or restricted hospitality and civic function
expenses:
• Personal Memberships
To prevent any potential conflict of interest, City funds may not be used by employees, public
officials, or appointees to cover expenses related to events, meetings, meals, or activities sponsored
by organizations in which the public official and/or employee holds a personal membership, unless
the event, meeting, meal, or activity is already funded by the City.
• Political Expenses
Expenditures which contribute to, or pay the expenses of a political party, campaign, political action
committee, or other organization established for the purpose of influencing the outcomes of
elections, whether direct or indirect, are prohibited.
• Holiday Gatherings
The use of public funds for meals or light refreshments for holiday gatherings for City employees,
public officials, and appointees is prohibited.
• Entertainment
Costs of entertainment, including amusement, diversion, golf tournaments or outings, and social
activities and any costs directly associated with such costs (such as tickets to shows ,cultural, social
or sports events, greens or tee fees, meals, lodging, rentals, transportation, and gratuities) are
prohibited. The Mayor and/or Council President (requests of the Mayor to be approved by the
Council President and requests of the Council to be approved by the Mayor), together, may approve
individual exceptions to this restriction to permit reimbursement of these types of costs, provided
official business can and is conducted and documented. The Finance Director shall submit all
“Request For Payment/Reimbursement of Hospitality Expenses” forms for entertainment related
expenses to all Council members for review at least monthly.
• Fundraising
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Costs of organized fundraising, including financial campaigns, solicitation of gifts and bequests, and
similar expenses incurred to raise capital or obtain contributions are prohibited, regardless of the
purpose for which the funds will be used.
• Refreshments
City funds may not be used to pay for refreshments for general office use.
• Alcoholic Beverages
The City shall not normally reimburse the costs of alcoholic beverages. The Mayor and/or Council
President (requests of the Mayor to be approved by the Council President and requests of the Council
to be approved by the Mayor), together, may approve individual exceptions to this restriction to
reimburse the costs to purchase alcoholic beverages for official guests in cases where a City
employee, public official, or appointee is the official host.
VI. PROCEDURES
A. Authorized Rates
Rates are recommended by the City Clerk and are authorized by the City Treasurer. Maximum rates
allowed for hospitality and civic functions, specified in Appendix A, include taxes and service.
These rates do not include the rental of meeting or conference facilities, which may be charged as
an additional expense.
The maximum rates will be reviewed periodically by the City Clerk, City Manager, and City
Treasurer and adjusted as appropriate.
B. Payment/Reimbursement Procedures
Except for regularly scheduled meetings and, unless otherwise specifically delineated in this Policy,
all Hospitality and Civic expenditures must be approved in advance of the event for which the costs
will be incurred. A “Request for Payment/Reimbursement of Hospitality Expenses” form must be
submitted to the Finance Department. The completed request must include the following
information:
1. Name and department of the person requesting approval and/or reimbursement.
2. Type of activity (e.g. reception, retreat, League of Local Govts., City/County meeting, business
meeting, etc.)
3. Date of activity
4. Location of activity
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5. Purpose of activity: explain how this is a necessary, business related expense that is appropriate
to charge to/reimburse from the indicated account (e.g. business purpose/reason/benefit and how it
contributes to achieving the City’s mission and the purpose of the project/account being charged;
business topic(s) discussed). A specific, clear, and meaningful statement of the benefit of this
function to the mission of the City is required.
6. Supporting documentation of the event/meeting.
7. Participants: who attended (or will be attending) the activity and their business relationship to
the City department. The name, title and department (if a City employee), or
affiliation/occupation/group (if a guest from outside the City) of each person should be shown on
the request form or an attached guest list. For meetings of a group with an established participant
list or where the group is so large it would be very difficult to name all of the attendees (e.g. City
Reception), the persons entertained need not be individually identified by name and title. The group
must be named or described and the estimated number of attendees provided.
8. Type and amount of expense(s): describe what was purchased, what it cost, and the total amount
of the payment requested.
9. Number and title of appropriate account being charged.
10. A certification signed by the host or attendee, as applicable, that the expenses to be incurred are
for official City business purposes.
11. Approval signature of the supervisor or other designated approval authority (or higher level)
of the employee, public official or appointee.
12. Approval signature of responsible person or project director authorized to approve
disbursements for this account.
13. Approval signature for exceptions, if required.
All requests for reimbursement must be supported by original itemized receipts, or acceptable
electronic receipts, which must be submitted with the request for payment. The level of detail
contained in an electronic receipt must be equivalent to that contained in an acceptable paper record.
Note: All meals require an itemized receipt as proof of payment. A credit card receipt alone shall
not be sufficient.
To ensure that adequate internal control standards are met, a payment issued to reimburse hospitality
and civic function expenses shall be delivered directly to the payee. Such payments shall not be
delivered to any of the individuals involved in the approval or payment preparation process. When
contracting with a vendor for catering, a purchase order must be submitted to the Finance
Department before the event, along with the requisitions and any vendor proposal or estimate. After
the event, the official and approving supervisor must request/authorize payment by submitting the
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“Request for Payment/Reimbursement of Hospitality and Civic Function Expenses” as outlined
above, and the check will be mailed directly to the vendor(s).
Hospitality while on Travel Status
The Travel Policy and the Hospitality & Civic Function Policy are separate and distinct policies.
A City employee, public official, or appointee on travel status who incurs hospitality expenses must
claim such expenses in accordance with the procedures specified in this policy. Such expenses
should be documented on the “Request for Payment/Reimbursement of Hospitality Expenses” and
submitted with the Travel Expense Report to ensure that the meals for hospitality are separately
justified from the meals for travel. In addition, a per diem meal must not be added to the travel
expense form when a hospitality expense for the same meal has been submitted for reimbursement.
Payment/Reimbursement Procedures
Employees, public officials, and appointees who fail to attend approved functions or events after
indicating an intent to attend, and after funds have been obligated or expended by the City shall be
required to pay the associated costs for the function or event or reimburse the City for the amount
spent, whichever is applicable.
C. Finance Department and Council Responsibilities
The City Council and the Finance Department will periodically (at least annually) review the
implementation of this Policy and will provide policy interpretations and assistance to ensure
effective and efficient implementation. Any exceptions will be subject to approval by the Council
and Finance Department. Exceptions will only be made in particular cases where adequate
justification is presented. However, in the interest of achieving maximum uniformity, exceptions will
be permitted only in highly unusual circumstances.
D. Exceeding Authorized Meal Rates
Any request for reimbursement of expenses higher than those allowed in Appendix A to this policy
must include written justification as to why the higher costs were unavoidable and necessary to
achieve a City business purpose. The fact that actual costs exceed the authorized rates is not in itself
adequate justification for a higher reimbursement rate. If adequate justification exists and provided
such costs are deemed to be ordinary and necessary under the circumstances, an exceptional expense
may be approved. Reimbursements of expenses shall be limited to the actual costs incurred.
E. Tax Considerations
Under Internal Revenue Service regulations, a meals/entertainment (hospitality) expense shall be
considered taxable income to an employee, public official, and/or appointee under any of the
following conditions: if the entertainment (hospitality) activity is not directly related or associated
with the employee’s job, the expense is lavish or extravagant under the circumstances, the official
host (or another employee) is not present when the activity takes place, or if the expense is not
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substantiated with supporting documentation, as provided in this policy. Consequently, any expense
that would be considered taxable income to the employee by the IRS is not allowable under this
policy. For more information on what hospitality expenses are deductible, see the IRS Web site
(http://www.irs.gov) and key in entertainment in the Search window or publication 463 in the Forms
and Publications Finder window.
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VII. RESPONSIBILITIES
All City of Dover policies are to subject to the City of Dover Charter Part 1, Subpart A, Article II,
Section 12 “Compensation and expenses – Mayor and Council and other elected or appointed
officials”, whereas, “Members of the council, mayor and other elected or appointed officials shall
receive reimbursement for actual and necessary expenses incurred when on official business as
prescribed by city ordinance or policy” and; Part II Code of Ordinances Chapter 2, Article 1,
Division 4 “Code of Conduct”, which is “applicable to all elected and appointed officials and to all
employees of the City of Dover.” Any obligation incurred by a City of Dover employee, public
official, or appointee contrary to this policy shall become the personal obligation of the employee,
public official, and/or appointee.
VIII. INTERNAL REVENUE CODE – DEFINITION OF PUBLIC OFFICIAL
Generally, if there is any provision in a public law which authorizes the employment of the
individual, and the individual is hired or elected under this authority, the individual is considered an
employee of the State or political subdivision to which the provision applies.
The following factors indicate that an office is a “public office”.
1. The office was created by the constitution or through legislation, or by a municipality or other
body with authority conferred by the legislature.
2. The office was delegated a portion of the powers of the government body.
3. The powers conferred and the duties to be discharged are defined either directly or indirectly in
law or through legislative authority.
4. The duties are being performed independently and without control of a superior power other than
the law.
5. The office has some permanency and continuity, and the officer takes an official oath.
Examples of public officers are: the president and vice president; a governor or mayor; the secretary
of state; a member of a legislative body, such as a state legislature, county commission, city council,
school board, a judge; a justice of the peace; and members of advisory boards and committees.
IX. RESCISSIONS
This Policy rescinds and supersedes any and all previous policies, memorandums or other documents
governing hospitality and civic function expenses as described herein.
ADOPTED: OCTOBER 27, 2003
Effective Date IMMEDIATELY UPON ADOPTION
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APPENDIX A
MAXIMUM RATES FOR HOSPITALITY
The maximum per person expenditures for individuals being entertained and for a City employee,
public official, or appointee who is the official host or who is a participant at the request of the
official host, shall not exceed the following amounts:
Meal Maximum Rates
Breakfast $15.00
Lunch $20.00
Dinner $35.00
Light Refreshment $10.00
Footnotes:
1. The reimbursement for a buffet reception cannot exceed the applicable meal allowance
associated with the type of buffet, i.e. breakfast, lunch, or dinner.
2. These amounts include tax and service (i.e. tips)
/jg
S:\ClerksOffice\Attachments and Exhibits\Council Exhibits\10-27-03-Exh1.wpd
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EXHIBIT 2
COUNCIL MINUTES 10/27/03
PETITION TO ANNEX AND ZONE PROPERTY
Revised
Before The Utility Committee
October 20, 2003
Applicants: Alvin L. Brittingham
5096 Hazlettville Road
Dover, DE 19904
Stover Homes
P.O. Box 304
Camden, DE 19934
Owner: Alvin L. Brittingham
Equitable Owner: Stover Homes
Location: 5096 Hazlettville Road
Southwest corner of the intersection of Hazlettville Road and
Wyoming Mill Road
Tax Map #: ED-00-076.00-01-13.00-000
Size: 104.58 Acres +/-
County Zoning: AC Agricultural Conservation (Kent County zoning)
Proposed Zoning: RM-1 ( Medium Density Residential)
Present Use: Active Agriculture
Single Family Residence with outbuildings (farm complex)
Proposed Use: Residential Subdivision
Existing Single Family Residence with outbuildings to remain on a
parcel
Sanitary Facilities: Proposed City of Dover
Water Supply: Proposed City of Dover
File Number: AX-03-01
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Findings and Recommendations of the Dover Planning Commission
And Annexation Report Information
The Planning Commission at its meeting of Monday, September 15, 2003 considered this petition.
The following members were present: Chairman Friedman, Mr. Nichols, Ms. Ann Horsey, Mr.
Sadusky, Mr. Holt, Mr. Winsley, Mr. DiMondi, Col. Welsh, and Mr. Von Reider.
The Planning Commission recommends that this request for annexation be approved and
that the property be zoned RM-1 (Medium Density Residential Zone) upon annexation. As
part of the motion, the Planning Commission noted that the final City Council approval of
the annexation should be subject to the certification of the Comprehensive Plan Update
and approval of the Plan of Services (as noted in the Development Advisory Committee
(DAC) comments) and with the understanding that the Cost/Benefit Analysis for the
property will take place. The motion also made reference to the letter received from Office
of State Planning Coordination. The motion for approval passed 9-0 of the members present.
In taking this position, the Commission considered the following points:
Surrounding Land Uses:
The subject property consists of 104.58 Acres +/- of land located on the southwest corner of the
intersection of Hazlettville Road and Wyoming Mill Road. The property is currently zoned AC –
Agricultural Conservation (Kent County zoning). The current use of the property is active
agriculture and a single family residence with outbuildings (farm complex).
To the east across Wyoming Mill Road is the location of the City of Dover owned Schutte Park
(zoned IO – Institutional and Office Zone). The park facilities include soccer fields and
softball/baseball fields. Also across Wyoming Mill Road and southeast of the property is the future
site of the Masonic Lodge (Planning Commission application C-03-01). Further east towards
downtown, the land zoned IPM (Industrial Park Manufacturing Zone) is the location of several
manufacturing plants.
To the northeast of the property near the intersection with Mifflin Road are single family dwellings
and an electric substation that are not located with the City of Dover. Lands located to the north of
the subject property are residentially zoned. The development of the Village of Westover includes a
mix of residential housing types including duplexes, townhouses, single family dwellings, and
apartments. The later phases of the Village of Westover are still under construction. To the west of
the Village of Westover, is the location of the residential development known as the Village of
Cannon Mill which also consists of a mix of housing types. The Village of Westover and Village of
Cannon Mill are zoned RM-1 (Medium Density Residential).
The land to the west and south of the subject property is under Kent County jurisdiction and
includes a mix of single family dwellings and fields in active agriculture.
Interim Annexation Goals and Policy (February 28, 1994):
The Interim Annexation Policy identifies the subject property as a Category 2 property, which
indicates that this property would be potentially desirable for annexation into the City of Dover.
Category 2 properties are those areas that generally border the City in close proximity to existing
City development and that are on the urban/suburban fringe.
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The Interim Annexation Policy notes that Category 2 properties should be considered in light of
their impact on existing municipal services, facilities, utilities, and fiscal vitality. Proposed land
uses should be evaluated in terms of the degree to which they would support and achieve the goals
of the Comprehensive Plan. Equally important should be consideration of the development potential
under the current Kent County zoning and its impact on the development and image of the City. The
over-arching purpose of the Annexation Policy is the achievement of sound and consistent decisions
regarding the growth of the City in locations that afford efficient and effective provision of
municipal services for urban land uses.
Comprehensive Planning:
The City of Dover 1996 Comprehensive Plan did not reflect an anticipated land use for the subject
property on the Land Use Plan Map. The Map focused only on the lands within the boundaries of
the City of Dover at that time.
The Kent County 2002 Comprehensive Plan Update recommends that this property be utilized for
Low-Density Residential development (up to 2.9 dwelling units per acre). The property is located
within the Kent County Growth Overlay Zone. The recently adopted (June 2003) Land Subdivision
Regulations must be consulted for subdivision development requirements if developed under the
jurisdiction of Kent County. Additional development bonuses may be available if the project utilizes
public water and sewer.
The Strategies for State Policies and Spending include this area in the Community designation. The
strategies indicate that the State will invest in infrastructure and public facilities in those areas
designated as “Community.” This strategy focuses on directing urban development to occur within
and adjacent to existing towns and developed areas.
The City of Dover Comprehensive Plan Update 2003 was adopted by the Planning Commission on
September 16, 2003 and adopted by the City Council on September 22, 2003. The Plan Update
was certified by the State in accordance with Delaware Code on October 2, 2003. (See
attached letter). The City of Dover Comprehensive Plan Update includes a chapter (Chapter 12)
and plan map addressing annexation. It identifies this property as a Category 2 – Lands Desirable for
Annexation. The general land use of residential is also indicated. It is noted that Category 2 areas are
intended to be annexed by the City “within the five year planning period as development proposals
or other factors allow it to consider such action.”
Annexation Plan Study:
The Comprehensive Plan Update 2003 notes that additional analysis is to be completed regarding a
“detailed study of the City service capacities, City utility capacities, and population growth
projections.” Currently, a separate Annexation Plan Study is underway by the consultants, Kise
Straw & Kolodner working with Urban Partners. Upon completion of the study it is recommended
that the Annexation Plan Study be adopted as an amendment to the Comprehensive Plan Update.
The consultant for the purposes of the Annexation Plan Study divided the areas identified on the
Annexation Plan Map (Map 12-1) as Category 1, 2, and 3 lands into study modules. A Cost/Benefit
Analysis will be conducted for each module. A revised Draft of the Cost/Benefit analysis for the
Module 2F (Lands of Alvin L. Brittingham) was received on October 15, 2003. See attached.
Staff notes that this is a DRAFT Cost/Benefit Analysis and the first test module utilizing the newly
developed prototype. This information should be viewed cautiously and considered as one piece of
information in evaluating this annexation application.
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Recommendation of the Planning Staff:
The Planning Staff recommends that the subject property be annexed into the City of Dover and that
the subject property be zoned RM-1 (Medium Density Residential) upon annexation.
In reviewing applicable sections of the City of Dover Comprehensive Plan 2003 as described above,
Staff notes that the property is identified as an area for future annexation. City services (water,
sewer, electric) and amenities such as the City park and bike path are available in the vicinity of this
property.
As part of the municipal annexation process a Plan of Services for the property must be completed
in accordance with Delaware Code Title 22 §101. This Plan of Services must be completed for
review and acceptance prior to final legislative action on the annexation. A Plan of Services
indicates the services that the City expects to provide to the annexed area and how the services will
be provided. The Department of Planning and Inspections is currently working with other City
Departments to complete this task for submittal to the Office of State Planning Coordination for
review and approval.
From the long-range planning perspective, there are opportunities regarding the transportation
network in this area and open space/recreation amenities that the annexation and subsequent
development of the property present. Staff expects additional discussions regarding the development
of this parcel.
Public Comments:
No members of the public appeared and spoke in regards to the annexation/rezoning application.
Agency Comments from DAC Report:
• Department of Public Works has no objections to the annexation. Their comments note that
sanitary sewer and water are available to the site.
• Kent Conservation District has no objections to the annexation. Their comments note that a
detailed Sediment and Stormwater Management Plan is required for development of the site.
• DelDOT has no objections to the annexation.
Office of State Planning Coordination Letter (dated September 15, 2003):
The letter from the Office of State Planning Coordination notes no objection from other agencies
regarding the annexation of the property into the City of Dover. The letter does note that the
Comprehensive Plan Update must be certified by the State (Plan was certified on October 2, 2003)
and that a Plan of Services must be received and approved prior to final action on the annexation.
Advisory Comments to the Applicant:
1. The Planning Commission recommendation pertaining to the annexation and concurrent
rezoning of the property is the first step of the annexation process. The process also includes
consideration by City Council, an annexation election, and formal resolution to annex the
property in to the City of Dover. The annexation process is outlined in the City Charter.
2. The City of Dover Planning Commission adopted the Comprehensive Plan Update 2003 on
September 16, 2003 and City Council adopted the Plan Update on September 22, 2003. The
Plan Update was certified by the State on October 2, 2003; therefore, meeting the
requirements of Delaware Code pertaining to comprehensive planning.
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3. Staff is preparing the Plan of Services for submittal to the Office of State Planning
Coordination for review. This must be completed prior to final legislative action to annex the
property into the City of Dover.
4. The applicant shall be aware that approval of the Annexation (and Rezoning) does not
represent Subdivision or Site Plan approval. A separate application process for Subdivision
or Site Plan approval is required for the development of this property.
Attachments to Report:
• Location Exhibit
• Legal Description of Property
• Development Advisory Committee Comments from the following agencies: City of Dover
Department of Public Works, Kent Conservation District, DelDOT
• LUPA Review letter dated September 15, 2003 from Office of State Planning Coordination
• Comprehensive Plan Update 2003 Certification Letter dated October 2, 2003 from Office of
State Planning Coordination
• Annexation Plan Study DRAFT Cost/Benefit Analysis Prototype for Site 2F – dated October
15, 2003