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CITY OF DOVER, DELAWARE
REGULAR CITY COUNCIL MEETING
Monday, June 10, 2024 at 6:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
THIS AGENDA AND PACKET HAVE BEEN REVISED BY EDITING ITEMS #27A
CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS - ONE-
YEAR TERM TO EXPIRE MAY 2025, #32B ECONOMIC DEVELOPMENT COMMITTEE -
ONE-YEAR TERM TO EXPIRE MAY 2025 , #43A UNSHELTERED AND AFFORDABLE
HOUSING LIAISON - ONE-YEAR TERM TO EXPIRE MAY 2025 & 44A HIGHER
EDUCATION LIAISON - ONE-YEAR TERM TO EXPIRE MAY 2025 AND REMOVING
ITEMS #41 CITY OF DOVER EMPLOYEE LIAISON- ONE-YEAR TERM TO EXPIRE MAY
2025 & #49 SETTING OF ELECTRIC, WATER, AND WASTEWATER RATES AND
TARIFFS.
VIRTUAL MEETING NOTICE
This meeting will be held in the City Hall Council Chambers with electronic access via WebEx.
Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/ym3ipj
Event number: 2530 401 4130
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts.
The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's
Streaming Player located at www.cityofdover.com under "Quick Links".
OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.)
The “Open Forum” segment is provided to extend the opportunity to the general public to share their
questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda
as a public hearing is prohibited during the Open Forum as an opportunity will be provided during
consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from
taking action since they are not in official session; however, they may schedule such items as regular
agenda items and act upon them in the future.
INVOCATION - Elder Ellis B. Louden
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REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 2
PLEDGE OF ALLEGIANCE - Councilman Boggerty
ADOPTION OF AGENDA
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.
RESOLUTIONS
1. Resolution No. 2024-09 - Approval of the 2024 Community Development Block Grant
(CDBG) Action Plan
2. Resolution No. 2024-10 - Honoring the 95th Birthday of Reuben Salters
3. Resolution No. 2023-18 - Censure of Councilman William F. Hare
PUBLIC HEARING
4. Electric Revenue Fund Budget
(Staff Recommendation: Deferral of the Electric Revenue Fund Budget Public Hearing to
the Regular Council Meeting scheduled for Monday, June 24, 2024, due to Delaware State
News' inability to fulfill the agreed-upon deadline of May 31, 2024, to run the public
hearing ad necessary for code compliance.)
FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the
Council meeting of APRIL 22, 2024. The ordinance is available at the entrance of the Council
Chambers and on the City's website at www.cityofdover.com under "Government."
5. Proposed Ordinance #2024-11 - Lands of Chiang & Sons Properties, LLC at 1241 College
Park Drive
Ordinance #2024-11 - Review and Recommendation of a Rezoning application for a parcel
of land consisting of 1.1024 acres +/-. The property is zoned C-PO (Commercial and
Professional Office Zone). The proposed zoning for the property is IO (Institutional and
Office Zone). The property is located on the east side of College Park Drive (a private street)
and north of State College Road. (The owner of record is Chiang & Sons Properties, LLC.
Property Address: 1241 College Park Drive. Tax Parcel: ED-05-067.00-02-12.08-000.
Council District 4.) Planning Reference Z-24-05.
CONSENT AGENDA
ADOPTION OF MINUTES
6. Regular City Council Meeting of May 13, 2024
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REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 3
COMMITTEE REPORTS
7. Council Committee of the Whole Report May 14, 2024
Utility Committee
8. Proposed Ordinance #2024-20 - Amending Chapter 110 - Utilities, Article V -
Stormwater (Mark Nowak, Public Works Director)
(Committee Recommendation: Approval of Ordinance #2024-20)
9. Proposed Ordinance #2024-21 - Amending Chapter 98 - Streets, Sidewalks, Storm
Sewers, and Other Public Places, Article IX - Street Sweeping, and Article X - Leaf
Collection Services (Mark Nowak, Public Works Director)
(Committee Recommendation: Approval of Ordinance #2024-21)
10. Stormwater Utility Credits, Grants, and Appeals Manual - Updated May 2024 (Mark
Nowak, Public Works Director)
(Committee Recommendation: Approve as recommended)
Legislative, Finance, and Administration Committee
11. Discussion - Celebrating 250 Years of America's Independence (Councilman
Anderson)
(Committee Action Not Required)
12. Proposed Ordinance #2024-14 - Amending Chapter 1 - General Provisions, Sec. 1-17.
- General penalty; separate offenses; unpaid fines (Eddie Kopp, Chief Code
Enforcement Officer)
(Committee Recommendation: Approval of Ordinance #2024-14)
13. Proposed Ordinance #2024-15 - Amending Chapter 22 - Buildings and Building
Regulations (Eddie Kopp, Chief Code Enforcement Officer)
(Committee Recommendation: Approval of Ordinance #2024-15)
14. Proposed Ordinance #2024-16 - Amending Chapter 46 - Fire prevention and
protection (Eddie Kopp, Chief Code Enforcement Officer)
(Committee Recommendation: Approval of Ordinance #2024-16)
15. Proposed Ordinance #2024-17 - Amending Chapter 90 - Solid Waste, Sec. 90-16. -
Violations; penalties (Eddie Kopp, Chief Code Enforcement Officer)
(Committee Recommendation: Approval of Ordinance #2024-17)
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REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 4
16. Proposed Ordinance #2024-18 - Amending Chapter 114 - Vegetation, Article II -
Weeds, Sec. 114-34. - Fines (Eddie Kopp, Chief Code Enforcement Officer)
(Committee Recommendation: Approval of Ordinance #2024-18)
17. Proposed Ordinance #2024-19 - Amending Appendix F - Fees and fines (Eddie Kopp,
Chief Code Enforcement Officer)
(Committee Recommendation: Approval of Ordinance #2024-19)
MONTHLY REPORTS - April 2024
18. City Council’s Community Enhancement Fund Report
19. City Manager’s Report
20. Controller/Treasurer's Budget Report
21. Fire Chief's Report
22. Police Chief's Report
APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
23. Election Board - Three-Year Term to Expire May 2027
A. Alfreda F. Dean - First District
B. Dr. Cherritta L. Matthews - Second District
24. Construction and Property Maintenance Code Board of Appeals - One-Year Term to
Expire May 2025
A. Matthew D. Campana - Representative of Homeowners
B. Charles Martin - Representative of Local Real Estate Industry Association
APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT ANDERSON
(DEFERRED DURING THE ANNUAL MEETING OF MAY 13, 2024)
25. Council Committee of the Whole Subcommittee Chairs- One-Year Term to Expire May
2025
A. Legislative, Finance and Administration Committee - Councilman Gerald L. Rocha, Sr.
B. Parks, Recreation, and Community Enhancement Committee - Councilwoman Tricia K.
Arndt
C. Safety, Advisory, and Transportation Committee - Councilman Andre M. Boggerty
D. Utility Committee - Councilman Fred A. Neil
26. City Chaplain- One-Year Term to Expire May 2025
A. Elder Ellis B. Louden
27. Construction and Property Maintenance Code Board of Appeals - One-Year Term to
Expire May 2025
A. Councilman Andre M. Boggerty
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REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 5
B. Councilman Fred A. Neil
C. Councilman Gerald L. Rocha, Sr.
28. General Employee Pension Plan Board - One-Year Term to Expire May 2025
A. Councilwoman Julia M. Pillsbury
B. Councilman Gerald L. Rocha, Sr.
29. Other Post-Employment Benefits (OPEB) Board – One-Year Term to Expire May 2025
A. Councilwoman Julia M. Pillsbury
B. Councilman Gerald L. Rocha, Sr.
30. Police Pension Plan - Retirement Committee - One-Year Term to Expire May 2025
A. Councilwoman Julia M. Pillsbury
B. Councilman Gerald L. Rocha, Sr.
31. Downtown Dover Partnership Board of Directors - One-Year Term to Expire May 2025
A. Councilwoman Tricia K. Arndt
B. Councilman Fred A. Neil
32. Economic Development Committee - One-Year Term to Expire May 2025
A. Councilwoman Julia M. Pillsbury
B. Councilman Fred Neil
33. Kent County Tourism Board - One-Year Term to Expire May 2025
A. Councilman Fred A. Neil
34. Kent Economic Partnership Board of Directors – One-Year Term to Expire May 2025
A. Mayor Robin R. Christiansen (Council President Designee)
35. Human Relations Commission Liaison - One-Year Term to Expire May 2025
A. Councilman Roy Sudler, Jr.
36. City/County Committee - (Liaison to Kent County) - One-Year Term to Expire May 2025
A. Councilwoman Tricia K. Arndt
37. Central Delaware Chamber of Commerce Liaison – One-Year Term to Expire May 2025
A. Councilwoman Julia M. Pillsbury
B. Councilman William F. Hare
38. Education Liaison – One-Year Term to Expire May 2025
A. Councilwoman Julia M. Pillsbury
39. Healthcare Liaison - One-Year Term to Expire May 2025
A. Councilwoman Julia M. Pillsbury
40. Dover Air Force Base (DAFB) Liaison - One-Year Term to Expire May 2025
A. Councilman William F. Hare
41. Community Engagement Liaison - One-Year Term to Expire May 2025
A. Councilman Andre Boggerty
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REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 6
42. Unsheltered and Affordable Housing Liaison - One-Year Term to Expire May 2025
A. Councilman Gerald L. Rocha, Sr.
43. Higher Education Liaison - One-Year Term to Expire May 2025
A. Councilwoman Tricia K. Arndt
2024/25 ANNUAL COMMITTEE APPOINTMENTS - COUNCIL COMMITTEE OF THE
WHOLE SUBCOMMITTEES - RECOMMENDED BY COUNCIL PRESIDENT ANDERSON
AND COMMITTEE CHAIRS (DEFERRED DURING THE ANNUAL MEETING OF MAY
13, 2024)
44. Legislative, Finance, and Administration Committee
A. William Garfinkel (Recommended by Chairman Rocha)
B. Daniel T. Shevock (Recommended by Council President Anderson)
45. Parks, Recreation, and Community Enhancement Committee
A. Michael Tholstrup (Recommended by Chairwoman Arndt)
B. Michael W. Lewis (Recommended by Council President Anderson)
46. Safety Advisory and Transportation Committee
A. Vonderlear Smack (Recommended by Chairman Boggerty)
B. Chanda P. Jackson (Recommended by Council President Anderson)
47. Utility Committee
A. Esosa Iriowen (Recommended by Chairman Neil)
B. Michael Pugh (Recommended by Council President Anderson)
ITEMS NOT ON THE CONSENT AGENDA
48. Luther Village Planned Neighborhood Design (PND) Senior Citizen Housing Option -
Sketch Plan Review
(Staff Recommends that City Council determine that Luther Village IV: Planned
Neighborhood Design - Senior Citizen Housing Option is of such a Design and Type that
warrants Further Review by the Planning Commission. Staff Further Recommends that City
Council Refer the Proposal to the Planning Commission for Further Review. Planning
Reference: MI-24-06)
49. Tentative Labor Contract with Fraternal Order of Police (FOP)
50. Stormwater Utility Credits, Grants, and Appeals Manual - Updated May 2024 (Mark
Nowak, Public Works Director)
(Committee Recommendation: Approve the Stormwater Utility Credits, Grants, and
Appeals Manual with Staff Amendment to 3.4 Charge Adjustment Appeals Applications
Procedures.)
ORDINANCES
FIRST READING - The First Reading is offered on the Proposed Ordinance. Final action by
Council will take place during the Second Reading on JUNE 24, 2024. The ordinance is available at
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REGULAR CITY COUNCIL MEETING - June 10, 2024 PAGE 7
the entrance of the Council Chambers, on the City's website at www.cityofdover.com under
"Government," or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us.
51. Proposed Ordinance #2024-20 - Amending Chapter 110 - Utilities, Article V - Stormwater
(Mark Nowak, Public Works Director)
52. Proposed Ordinance #2024-21 - Amending Chapter 98 - Streets, Sidewalks, Storm
Sewers, and Other Public Places, Article IX - Street Sweeping, and Article X - Leaf
Collection Services (Mark Nowak, Public Works Director)
53. Proposed Ordinance #2024-14 - Amending Chapter 1 - General Provisions, Sec. 1-17. -
General penalty; separate offenses; unpaid fines (Eddie Kopp, Chief Code Enforcement
Officer)
54. Proposed Ordinance #2024-15 - Amending Chapter 22 - Buildings and Building
Regulations (Eddie Kopp, Chief Code Enforcement Officer)
55. Proposed Ordinance #2024-16 - Amending Chapter 46 - Fire prevention and protection
(Eddie Kopp, Chief Code Enforcement Officer)
56. Proposed Ordinance #2024-17 - Amending Chapter 90 - Solid Waste, Sec. 90-16. -
Violations; penalties (Eddie Kopp, Chief Code Enforcement Officer)
57. Proposed Ordinance #2024-18 - Amending Chapter 114 - Vegetation, Article II - Weeds,
Sec. 114-34. - Fines (Eddie Kopp, Chief Code Enforcement Officer)
58. Proposed Ordinance #2024-19 - Amending Appendix F - Fees and fines (Eddie Kopp,
Chief Code Enforcement Officer)
59. Proposed Ordinance #2024- 26 - Fiscal Year 2024/2025 City of Dover Budget Ordinance
FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the
Council Meeting of MAY 13, 2024. The ordinance is available at the entrance of the Council Chambers
and on the City's website at www.cityofdover.com under "Government."
60. Proposed Ordinance #2024-12 - Amending Chapter 38 - Emergencies by adding Article
III - Emergency Services
CITY MANAGER’S ANNOUNCEMENTS
MAYOR'S ANNOUNCEMENTS
COUNCIL MEMBERS’ ANNOUNCEMENTS
ADJOURNMENT
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item #1.
City of Dover
MAYOR AND COUNCIL
COUNCIL RESOLUTION NO. 2024-09
1 A RESOLUTION APPROVING THE 2024 COMMUNITY DEVELOPMENT BLOCK GRANT
2 ACTION PLAN
3 WHEREAS, the City of Dover is entitled to $309,594 through the United States Department of
4 Housing and Urban Development Community Development Block Grant program; and
5 WHEREAS, the City of Dover has prepared the 2024 Action Plan, in accordance with the United
6 States Department of Housing and Urban Development guidelines, that serves as the primary
7 planning document for identifying and meeting the housing and community development needs
8 for the low and moderate-income residents of Dover; and
9 WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant
10 funds for the community development purposes in accordance with the National Community
11 Development objectives of benefiting low and moderate income families, eliminating slums and
12 blight, and meeting other community development objectives; and
13 WHEREAS, the United States Department of Housing and Urban Development requires the City
14 of Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance
15 including the proposed use of funds and including certain certifications and policies to obtain its
16 $309,594 entitlement; for eligible activities; and
17 NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY
18 OF DOVER APPROVE THE 2024 Community Development Block Grant Action Plan and
19 application for Federal Assistance included in the Action Plan, along with certifications and
20 policies attached and authorize its forwarding to the United States Department of Housing and
21 Urban Development for consideration.
22 ADOPTED:
________________________________ ______________________________
23 ROBIN R. CHRISTIANSEN DAVID L. ANDERSON
24 MAYOR COUNCIL PRESIDENT
25 Actions History
26 06/10/2024 – Scheduled for Introduction - City Council
P. O. Box 475 Dover, DE 19903
Community Excellence Through Quality Service Page 8
Page 9
Item #3.
City of Dover
MAYOR AND COUNCIL
COUNCIL RESOLUTION NO. 2023-18
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
WHEREAS, on October 3, 2023, the Commission received a complaint filed by Cameron
Eisenbraun alleging ethical violations by Council President William Hare; and
WHEREAS, once the Commission had reviewed the complaint, it was decided that in order to
further evaluate the complaint the Complainant and the Respondent would be asked to appear at a
hearing before the Commission in order to make a determination whether an ethical violation had
occurred, all in accordance with Sec. 30-73(f), which hearing was duly held with both the
Complainant and the Respondent giving testimony and responding to questions; and
WHEREAS, the Commission noted that since the Respondent is a City Official, the Commission
may propose actions to the City Council that are appropriate to its findings in accordance with Sec.
30-73(o); and
WHEREAS, after the hearing was closed, the Members of the Commission voted unanimously
that Respondent had made contact with a City Employee regarding her duties and functions, which
should not have been made so that his conduct was in violation of the ethical standards provided
in Secs. 30-20(a)(2), (3), (4), and (b); and
WHEREAS, in accordance with the provisions of Sec. 30-73(o), the Commission unanimously
decided that a censure of Respondent's conduct should be reported to City Council of the City of
Dover.
NOW, THEREFORE, this censure of Respondent is directed to be served upon Council of the City
of Dover for Respondent's actions and conduct with a City Employee, although he was pursuing a
complaint issued by this employee on behalf of a constituent in violation of ethical conduct cited
in Secs. 30-20(a)(2), (3) (4) and (b).
ADOPTED:
________________________________ ______________________________
ROBIN R. CHRISTIANSEN DAVID L. ANDERSON
MAYOR COUNCIL PRESIDENT
Action History
06/10/2024 – Scheduled for Introduction – City Council
P. O. Box 475 Dover, DE 19903 Page 9
Community Excellence Through Quality Service
Page 10
Item #4.
From: Rivera, Arielle M
To: "legalads@iniusa.org"
Cc: City Clerks Office
Subject: RE: EXTERNAL: Ad: 654577, Electric Fund Budgets
Date: Thursday, May 23, 2024 12:01:38 PM
This ad is approved.
Thank you,
Arielle Rivera
Assistant City Clerk
City Clerks Office
302-736-7007
arivera@dover.de.us
-----Original Message-----
From: legalads@iniusa.org <legalads@iniusa.org>
Sent: Thursday, May 23, 2024 11:16 AM
To: Rivera, Arielle M <arivera@dover.de.us>
Subject: EXTERNAL: Ad: 654577, Electric Fund Budgets
WARNING: This email originated from outside of the organization. Do not click links or open attachments unless
you recognize the sender and know the content is safe.
Good Morning,
Proof of ad number 654577, Electric Fund Budgets, to run in Delaware State News on 5/31. Please email back with
approval to run or any changes you may need.
Thank you,
Roxanne Brooks
Inside Sales Manager
302-741-8297| legalads@iniusa.org
?We strengthen the communities we serve by funding unbiased journalism and growing local business.?
Delaware State News | Salisbury Independent | Dorchester Banner | County Times | Galaxy110 Lake Okeechobee
News | Caloosa Belle Independent | SouthCentralFloridaLife.com
Thank you,
Roxanne Brooks
Inside Sales Manager
302-741-8297| legalads@iniusa.org
?We strengthen the communities we serve by funding unbiased journalism and growing local business.?
Delaware State News | Salisbury Independent | Dorchester Banner | County Times | Galaxy110 Lake Okeechobee
News | Caloosa Belle Independent | SouthCentralFloridaLife.com
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Item #5.
City of Dover
PETITION TO AMEND ZONING DISTRICT
Public Hearing Before the Dover City Council on June 10, 2024
Recommendation from Planning Commission Meeting of May 20, 2024
With Staff and Development Advisory Committee Review
Application: Rezoning Lands of Chiang & Sons Properties, LLC at 1241
College Park Drive: Rezoning C-PO to IO
Owner: Chiang & Sons Properties, LLC
Address: 1241 College Park Drive
Location: Located on the east side of College Park Drive (a private street)
and north of State College Road
Tax Parcel: ED-05-067.00-02-12.08-000
Overall Parcel Size: 1.1024 +/- acres
Present Use: Office Building
2019 Comprehensive Plan
Designation-Land Use Category Office and Office Parks
Present Zoning: C-PO (Commercial and Professional Office Zone)
Proposed Zoning: IO (Institutional and Office Zone)
Request: Rezoning 1241 College Park Drive (Parcel C in the College Park Complex)
from C-PO to IO to amend zoning to allow for more uses to attract potential
tenants
File Number: Z-24-05
Ordinance Number: 2024-11
Planning Commission
Recommendation: The Application Z-24-05 Lands of Chiang & Sons Properties, LLC at
1241 College Park Drive was represented by Nik Patel of the Avi
Consulting Group on behalf of the property owner. A Public Hearing
was conducted on May 20, 2024 where no members of the public
spoke, and no written comments were received regarding the
Rezoning application. The Planning Commission’s motion to
recommend approval of the proposed rezoning from C-PO to IO
(Institutional and Office Zone) resulted in a 7-0 vote in favor (two
members absent). (Draft Meeting Minutes attached.)
P. O. Box 475 Dover, DE 19903 Page 11
Community Excellence Through Quality Service
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Item #5.
Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive: Rezoning C-PO to IO
Planning Commission Recommendation Report from May 20, 2024
Page 2 of 7
APPLICATION: Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park
Drive, Dover DE: Rezoning C-PO to I-O
This Rezoning Application was referred to the Planning Commission as per Zoning Ordinance,
Article 10 §5. The Planning Commission is required to provide a Review Report to the City
Council. The following document and attachments are provided as the Review Report and
Planning Commission Recommendation.
I. APPLICATION SUMMARY:
This Rezoning Application is for a parcel of land consisting of 1.1024 acres +/-. The property is
zoned C-PO (Commercial and Professional Office Zone). The proposed zoning for the property
is IO (Institutional and Office Zone). The property is located on the east side of College Park
Drive (a private street) and north of State College Road. The owner of record is Chiang & Sons
Properties, LLC. Property Address: 1241 College Park Drive. Tax Parcel: ED-05-067.00-02-
12.08-000. Council District 4. Ordinance #2024-11
Existing Property:
The applicant property was purchased on July 11, 2022. It was previously damaged by a storm
and deemed condemned. It was renovated between 2022 and 2023 to its existing condition as an
11,700 SF building with tenant spaces to be leased. The property is part of the College Park
Business Park.
Previous Applications:
The September 9, 2022 Planning Commission meeting denied a Conditional Use application (C-
22-03) for the conversion of an existing two-story 11,700 SF Building to serve as Office/ Retail
on the first floor and Apartments (9 units) on the second floor. The project also included building
additions for stair towers and a laundry room.
Surrounding Land Uses
The surrounding parcels are zoned a mix of institutional, commercial, and industrial: IO
(Institutional and Office Zone), C-PO (Commercial and Professional Office Zone), and M
(Manufacturing Zone). The property to the west (on the other side of College Park Drive) is
owned by the Capital School District and contains North Dover Elementary School. The 6
properties to the north and northeast are zoned M (Manufacturing Zone) on the bend of College
Park Drive that ends in a cul-de-sac. Adjacent properties to the south and southeast are zoned C-
PO (Commercial and Professional Office Zone) containing offices/assembly area buildings.
II. COMPREHENSIVE PLAN COMPLIANCE REVIEW
In the 2019 Comprehensive Plan, the Land Development Plan (Map 12-1) recommends that this
property be used for Office and Office Parks. The goals and polices for Office Areas are listed in
the 2019 Comprehensive Plan excerpts presented below (page 12-18):
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Item #5.
Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive: Rezoning C-PO to IO
Planning Commission Recommendation Report from May 20, 2024
Page 3 of 7
Office Parks
The Land Development Plan designates specific tracts of land of various sizes for Office and Office
Park land uses. Office Park development involves an integrated development of office buildings
with shared entrances, driveways and parking. The majority of uses permitted within an Office
Park are generally weekday professional office uses involving very little or no activity at night or
on weekends. For this reason, the Office Park designation may be viewed as a transitional use
category when situated between more intense commercial and industrial land uses and residential
land uses. This designation usually involves the C-PO (Commercial/Professional Office Zone)
zoning district.
These areas are located throughout the City with established office concentrations in the Enterprise
Business Park, along Silver Lake Boulevard, on College Park Drive, along Old Rudnick Lane, the
Northgate Center, and elsewhere. Scattered office uses are also located along Saulsbury/McKee
Road and within designated “Mixed Use” areas in the Eden Hill Farm Traditional Neighborhood
Design (TND). Smaller scale areas for office parks are the Woodbrook complex on South
Governors Avenue, office complexes along Walker Road, and areas along Route 8.
The Rezoning Request to IO (Institutional and Office Zone) is consistent with the Land Use
Classification of Office and Office Parks. Table 12-1: Land Use and Zoning Matrix (from the
2019 Comprehensive Plan) specifies that the following zones are compatible with this Land Use
classification. See the excerpt from Table 12-1 given below.
CPO (Commercial and Professional Office)
Office and Office Parks IO (Institutional and Office)
IPM (Industrial Park Manufacturing)
RGO (General Residence and Office)
III. ZONING REVIEW
Request for IO (Institutio0nal and Office) Zoning
The following code excerpt of the IO zoning district is provided from Article 3 §10 of the Zoning
Ordinance.
Article 3 Section 10. Institutional and office zone (IO).
10.1 Uses permitted. In an institutional and office zone (IO), no building or premises shall be used, and no
building or part of a building shall be erected, which is arranged, intended, or designed to be used, in
whole or in part, for any purpose, except the following:
(a) Business, professional, or governmental offices.
(b) Banks.
(c) Research, design, and development laboratories.
(d) Public and institutional uses including hospitals, medical clinics, libraries, police stations,
courthouses, transit centers, schools, colleges, universities, places of public assembly,
philanthropic and charitable institutions, parks, playgrounds, public indoor recreation centers,
athletic fields.
(e) Public utility rights-of-way and structures necessary to serve areas within the city.
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Item #5.
Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive: Rezoning C-PO to IO
Planning Commission Recommendation Report from May 20, 2024
Page 4 of 7
(f) Child day care centers, provided they are established in accordance with all applicable state
regulations pertaining to child care and provided that they are established and maintained in
accordance with article 5, section 14 of this ordinance.
(g) Emergency shelters and transitional housing.
(h) Adult day care facilities provided they are established in accordance with all applicable state
regulations pertaining to adult care and provided that they are established and maintained in
accordance with article 5, section 22 of this ordinance.
10.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning
commission in accordance with the procedures and subject to the general conditions set forth in article
10, section 1:
(a) Firearm ranges, prisons, and correctional facilities.
(b) Public incinerators.
(c) Hotels and restaurants.
10.3 Accessory uses. The following uses shall be permitted accessory to other permitted uses on a lot.
(a) Clinics, cafeterias, and recreational facilities.
(b) Motor vehicle storage and repair facilities accessory to a public or institutional use.
(c) Restaurants that are on a campus and intended to support users of the campus.
10.4 Uses prohibited. The following uses are prohibited:
(a) Landfills, dumps.
10.5 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet parking,
shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated
with restaurants approved by the city planner.
10.6 Performance standards. All uses are subject to performance standards as set forth in article 5, section
8.1.
10.7 Site development plan approval. Site development plan approval in accordance with article 10, section
2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of
all structures and prior to the issuance of certificates of occupancy for any change of use.
IV. RECOMMENDATION OF THE PLANNING STAFF:
This Request is to rezone lands from C-PO (Commercial and Professional Office Zone) to IO
(Institutional and Office Zone). The current CPO zone is mainly commercial in nature with the
zoning district permitting offices, banks, and medical laboratories type uses with other
commercial uses only allowed through a conditional use review process when the use is
accessory to a permitted use on the same lot. The C-PO zone also allows for conditional use
review to create residential uses in the form of apartments, multi-family residences, and one-
family residences. While both zones are commercial in nature, the IO Zone generally does not
allow for residential dwelling units instead focusing on offices, public buildings, places of public
assembly, institutional uses, and recreation related facilities. The additional uses in the IO zone
beyond office uses are similar to the uses in the surrounding area such as schools and
institutional buildings. The IO zone also allows for uses including Child Day Care Centers and
Adult Day Care Facilities that would be allowed in any zone per the Zoning Ordinance, Article 5
§22. In the IO zone, the allowable residential uses are related to institutional facilities like
housing at colleges, emergency shelter facilities, and transitional housing (allowed by definition
in a single-family house setting).
Page 14
Page 15
Item #5.
Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive: Rezoning C-PO to IO
Planning Commission Recommendation Report from May 20, 2024
Page 5 of 7
As part of the process to change the zoning district of a property outlined in Zoning Ordinance,
Article 10 Section 5, the City Planner must evaluate the following factors when considering the
request:
Article 10 § 5.22 City planner report. For each proposed zoning text amendment, the city
planner shall issue a report to the planning commission and city council, including
comments from other reviewing agencies, that evaluates the following factors:
(A) Whether such change is consistent with the aims and principles embodied in the
ordinance as to the particular zones concerned; and
(B) Whether such proposed amendment is consistent with the aims of the comprehensive
plan of the city.
Staff recommends that the Rezoning be granted to IO (Institutional and Office Zone). The
proposed zoning is consistent with the Comprehensive Plan for the Office and Office Parks land
use category classification, as it fits the goals of the Comprehensive Plan by keeping these
pockets of office areas where people generally only work during business hours. Rezoning to IO
is one of the possible zoning districts eligible for consideration in this land use category
classification.
College Park Drive, which serves this office and business park is off College Road, which is one
the City’s east-west transportation corridors. The Comprehensive Plan attempts to put
employment centers adjacent to main transportation routes. There is existing infrastructure for
water, sanitary sewer, and electric services that serves the property (and could be expanded if
necessary); and the police, fire, and emergency medical services already service the area.
This Rezoning Request does not grant approval of a specific use for the property but makes its
land use subject to a listing of uses permitted and potential conditional uses as allowed in IO
(Institutional and Office Zone) zoning district. Were the application for Rezoning to be
recommended by the Planning Commission and subsequently approved by the City Council, the
applicant would still have to submit plans and/or permits for review for most uses of the site to
be established.
This recommendation is being made without the benefit of hearing the comments of surrounding
landowners and residents. A public hearing is required on this matter and the Planning
Commission should give those comments consideration.
V. PLANNING COMMISSION REVIEW FOR RECOMMENDATION
This Rezoning Application is a request for a zoning map amendment which changes the zoning
district of a property. The Planning Commission as part of their public hearing and review
process will provide a recommendation on the rezoning request to City Council. As part of the
process outlined in Zoning Ordinance, Article 10 Section 5, the Planning Commission must
evaluate the following factors when considering the request:
Article 10 § 5.36 Report of the planning commission. Regarding each application for a
zoning map amendment, the planning commission shall provide a report to the city council
Page 15
Page 16
Item #5.
Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive: Rezoning C-PO to IO
Planning Commission Recommendation Report from May 20, 2024
Page 6 of 7
stating a recommended action with regards to the proposed amendment, along with the
commission's evaluation of the following factors:
(A) Whether the uses permitted by the proposed change would be compatible with the
existing uses and zones in the area concerned;
(B) Whether adequate public services and infrastructure exist or can be created or
expanded to serve the needs of any additional demand as a result of such change; and
(C) Whether the proposed change is in accordance with the city's current comprehensive
plan.
A Recommendation Report from the Planning Commission will be forwarded to the City
Council for their consideration of the Rezoning Application Z-24-05. This document and its
attachments make up the Recommendation Report.
RECOMMENDATION OF THE PLANNING COMMISSION:
At the Hybrid (In-Person and Virtual) Planning Commission Meeting of May 20, 2024, the
Rezoning Application Z-24-05 was represented by Nik Patel of Avi Consulting Group on behalf of
the property owner Chiang & Sons Properties, LLC. During the Public Hearing, no members of the
public spoke, and no written comments were received.
The Planning Commission’s motion was to recommend approval for Rezoning application
Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive from C-PO
(Commercial and Professional Office) to IO (Institutional and Office Zone) and resulted in a
vote of 7-0 in favor of rezoning (two members absent). The reasons cited for the
recommendation of approval include a better opportunity for viable businesses and more
useful tenants at the vacant building; consistency with the City’s 2019 Comprehensive Plan;
and with reference to the Planning Staff’s recommendations of approval (uses of the zoning
district, compatibility with Comprehensive Plan, and presence of existing infrastructure) in
the Development Advisory Committee Report.
See also the included excerpt of the DRAFT Meeting Minutes of the May 20, 2024 Planning
Commission meeting. The comments received from the other member agencies of the
Development Advisory Committee (D.A.C.) are also provided.
VI. ADVISORY COMMENTS TO THE APPLICANT:
1) The applicant shall be aware that approval of any Rezoning application does not represent
Site Development Plan or Subdivision Plan. Following any decision made by City Council
regarding this Rezoning, then an application for a Site Plan, Subdivision Plan, and/or
appropriate Building Permits must be submitted to the Planning Department prior to the
establishment of a use, development activity, or any construction activity on the site. The
applicant should contact the Planning Staff to determine the appropriate review process for
any proposed projects.
2) The applicant shall be aware that approval of any Rezoning application does not represent a
Building Permit, Demolition Permit, Sign Permit, or other construction activity permit
Page 16
Page 17
Item #5.
Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive: Rezoning C-PO to IO
Planning Commission Recommendation Report from May 20, 2024
Page 7 of 7
approval. A separate application submission is required before issuance of permits by the City
of Dover.
3) The applicant shall be aware that any future use and/or buildings may be subject to a separate
permitting or licensing processes through the City of Dover Licensing and Permitting
Division. All businesses operating in the City of Dover are required to obtain a City of Dover
Business License. Certain types of uses also require a Public Occupancy Permit or Rental
Dwelling Permits.
ATTACHMENTS:
• Zoning Map Exhibit
• Application Z-24-04 Submission: Existing Conditions Plan Sheet
• Development Advisory Committee Comments from City of Dover Departments of Public
Works and Water & Wastewater, Electric Department, City Office of the Fire Marshal,
DelDOT, Kent Conservation District, and Dover/Kent County MPO
• Excerpt from DRAFT Planning Commission Meeting Minutes of May 20, 2024
• Proposed Ordinance #2024-11
Page 17
Page 18
City of Dover Application No.: Z-24-05
Item #5.
Department of Planning & Inspections
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Tile: Rezoning Lands of Chiang & Sons Properties, LLC
Ordinance #: 2024-11
Address: 1241 College Park Drive
Parcel IDs: ED-05-067.00-02-12.08-000 Legend
Existing Zoning: CPO (Commercial and Professional Office Zone)
Proposed Zoning: IO (Institutional and Office Zone) Dover Boundary
Owner: Chiang & Sons Properties LLC Zoning
Date: 4/9/2024
Dover Parcels
«
Corridor Overlay Zone
0 250 500 1,000 Feet
Page 18
Page 19
Item #5.
UTILITY LINE LEGEND
Surveying
LINES SHOWN ARE AS FIELD MARKED BY MISS UTILITY LOCATE
SWR SWR SWR SWR SANITARY SEWER LINE
UE UE UE UNDERGROUND ELECTRIC LINE
PL
O T
TV TV TV TV UNDERGROUND CABLE LINE
BO
332 AUDREY LANE, SMYRNA, DE 19977
FAX:(302) 678-8255
OK
GL GL GL GL GL GL GAS LINE
#1 WL WL WL WL WL WL WATER LINE
04
, PA
43 GE
#5
5
40
42 43 41
SURVEYOR
PhONE: (302) 678-8115
BUILDING - RIGHT SIDE VIEW BUILDING - REAR VIEW
44
45
24' WIDE CROSS ACCESS EASEMENT AS
GRAPHICALLY DEPICTED ON RECORD PLAN LOCATION MAP LOCATION MAP
N (SCALE : 1" = 1,200') N N (SCALE : 1" = 400') N
NOTED
45
PLAN PREPARED BY
DATA COLUMN:
BUILDING - LEFT SIDE VIEW BUILDING - FRONT VIEW
ED-05-067.00-02-12.09-000 KENT PROPERTY ID # - ALL OF: ........................................ ED-05-067.00-02-12.08-000
PARCEL B2 ZONING CLASSIFICATION: ............... CPO - COMMERCIAL PROFESSIONAL OFFICE
LANDS NOW OR LATE OF
CORRECTIONAL OFFICERS ASSOCIATION OF DELAWARE
30.0'
PROPERTY ADDRESS: ................................................. #1241 COLLEGE PARK DRIVE 897 W bIRDIE LN, MAGNOLIA, DE 19962
-- D/R 4831-289 -- ZONED CPO -- DOVER, DELAWARE 19904 EMAIL: NIKhIL@NIKhILASSOCIATES.NET
ED-05-067.00-02-12.05-000
PARCEL E OWNER OF RECORD: ...................................................................... CHARLES CHIANG
SURVEYORS CERTIFICATION
#105 QUAIL RUN
LANDS NOW OR LATE OF ESVEE PROPERTIES LLC S 32°36'00" E 215.23' CAMDEN WYOMING, DELAWARE 19934 I, WILLIAM A. ELLIOTT, HEREBY CERTIFY THAT I AM A
-- D/R 2848-69 -- ZONED CPO -- REGISTERED SURVEYOR IN THE STATE OF DELAWARE,
PROPOSED 6' TALL PRIVACY
SITE PLAN PREPARER: ................................................. ELLIOTT SURVEYING, CORP. THAT THE INFORMATION SHOWN HEREON HAS BEEN
CONTOUR MAP FENCE AROUND PROPOSED
30.0'
N N #332 AUDREY LANE, SMYRNA, DELAWARE 19977 PREPARED UNDER MY SUPERVISION AND TO THE BEST
(SCALE : 1" = 100') (SOURCE: KENT COUNTY GIS MAPPING SYSTEM) DUMPSTER SITE
X X OF MY KNOWLEDGE AND BELIEF REPRESENTS GOOD
AVI CONSULTING GROUP, LLC
897 W BIRDIE LN, MAGNOLIA, DELAWARE 19962
SURVEYING AS REQUIRED BY THE APPLICABLE LAWS
BRL BRL BRL BRL 15'
BRLBUILDING SETBACKBRL
BRL LINE BRL BRL BRL BRL BRL
X BRL BRL
X BRL BRL
OF THE STATE OF DELAWARE.
-- BUILDING SETBACKS PER ARTICLE 3
BRL
X X
BRL MANHOLE
§1.14 OF CITY OF DOVER ZONING ORDINANCE
SacB PARKING SPACES (13) FRONT YARD SETBACK: ............................................................................................. 10'
-TYPICAL
SIDE YARD SETBACK: .................................................................................................. 5'
REAR YARD SETBACK: ............................................................................................... 15'
WILLIAM A. ELLIOTT, PLS
BRL
GRAPH
BRL
32.0'
SITE ACREAGE - EXISTING : ............................ 1.1024 ACRES +/- (48,021 SQ. FT. +/-)
30' WIDE CROSS ACCESS EASEMENT AS SITE ACREAGE - PROPOSED: ............................................. NO CHANGE PROPOSED
AS
CATCH BASIN REG. NO. DATE
GRAPHICALLY DEPICTED ON RECORD PLAN
EMENT
NOTED PARKING SPACES - EXISTING: ......................................... 54 SPACES + 2 HANDICAP
BRL BRL REVISIONS
SS EAS
PARKING SPACES - PROPOSED: ................................................... NONE PROPOSED
OTED
MARK DATE DESCRIPTION
S ACCE ECORD PLAN N
TREES - REQUIRED: .................................................................................................... 16
SacC TREES - EXISTING: .......................................................................................................16
FgcA
BRL BRL TREES - PROPOSED: ....................................................................... NONE PROPOSED
E CROS
HbB CROSSWALK CONCRETE WALK
PARKING SPACES (8)
ED ON R
SANITATION - EXISTING: ................................................................................. PRIVATE
CONCRETE WALK
64' WID
DOUBLE LIGHT POST
32.0'
SacB PERMITTED IMPERVIOUS COVERAGE - ALLOWED: ............................................. 75%
5' BUILDING SETBACK LINE BRL
BRL
- TYPICAL
DEPICT
PERMITTED IMPERVIOUS COVERAGE - EXISTING: ......................................... 68.58%
BRL BRL
PERMITTED IMPERVIOUS COVERAGE - PROPOSED: ...... NO CHANGE PROPOSED
PARKING SPACES (14)
ICALLY
MONUMENTS FOUND: ................................................................................................... 4
MONUMENTS PROPOSED: ............................................................................................ 0
BRL WASTEWATER: .................................................................................... CITY OF DOVER
WATER: ................................................................................................. CITY OF DOVER
EXISTING USE: .......................... CPO - COMMERCIAL AND PROFESSIONAL OFFICE
PROPOSED USE: ............................................................. IO - INSTITUTIONAL OFFICE
BRL
RESIDENTIAL APARTMENTS - SECOND FLOOR
HORIZONTAL DATUM: .................................................... PLOT BOOK #104, PAGE #55
CROSSWALK
INE ED-05-067.00-02-12.08-000
S 57°24'00" W 243.00'
5.54'
KLL
PARCEL C BRL
BR
BAC
R
SW
LANDS NOW OF CHARLES CHIANG
CONTAINS 1.1024 ACRES +/-
E 24 INRGL SET
PARKING SPACES (13)
HbB -- D/R 12023-1 -- ZONED CPO -- GENERAL NOTES:
SWR ED-05-067.00-02-12.00-000
DB
BRL PARCEL B1 1. IMPROVEMENTS ARE LOCATED AS SHOWN. IMPROVEMENT DIMENSIONS ARE
S 0"
IL LANDS NOW OR LATE OF SHOWN FOR CONFORMITY PURPOSES ONLY; ANY OTHER USE OF SAID
WR
9'0
BRL5' BU
STOLTZFUS, LLC DIMENSIONS SHALL BE AT THE RISK OF THE USER(S). ELLIOTT SURVEYING,
N 49SW°R0
CORP. SHALL BEAR NO LIABILITY OF MISUSE OF SAID DIMENSIONS.
PARKING PARKING
BRL
-- D/R 10173-120 -- ZONED CPO -- 2. LOT SHOWN IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
HkB SPACES (4 +1) SPACES (2 +1)
3. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS PLAN AND COPIES
RAMP
THEREOF, ONLY IF SAID PLAN AND COPIES BEAR THE IMPRESSION SEAL AND
FacA SIGNATURE, IN RED INK, OF THE LICENSED LAND SURVEYOR WHOSE NAME
T PIPE
CONCRETE WALK
BRL
R
BRL
APPEARS HEREON. THIS PLAN IS NOT TO BE
SW
FIRE DEPARTMENT CONNECTION DUPLICATED/COPIED/TRANSMITTED FOR ANY REASON WITHOUT THE WRITTEN
OPEN VESTIBULE CONSENT OF ELLIOTT SURVEYING, CORP. FURTHERMORE, ELLIOTT
LVER
UE
AC SURVEYING, CORP. SHALL BEAR NO LIABILITY FOR UNAUTHORIZED USE OF
SWR
61.0' THIS MAP.
BRL
12" CU
BRL 4. WE HEREBY CERTIFY THAT THIS PLAN WAS PREPARED FOR THE
UE
INDIVIDUAL(S) NOTED BELOW, NO RESPONSIBILITY IS IMPLIED AND/OR
R ASSUMED BY THE SURVEYOR TO ANY FUTURE LAND OWNER OR OCCUPANT.
CONTOUR MAP SW
N (SCALE : 1" = 400') (SOURCE: hTTPS://WEbSOILSURVEY.NRCS.USDA.GOV) N ED-05-067.00-02-12.04-000 ELECTRIC METER 5. THIS PLAN IS BASED UPON THE RECORD PLAN(S) NOTED AND/OR DEED
R BRL
PARCEL F UE BRL RECORDS SHOWN THUS (D/R), AND PHYSICAL EVIDENCE FOUND. OWNERS INFORMATION
EXTERIOR 2nd FLOOR 6. NO CERTIFICATION AS TO TITLE TO THE SUBJECT LOT IS EXTENDED, AND/OR
LANDS NOW OR LATE OF CP DRIVE, LLC TV SW INGRESS/EGRESS UE
SOILS MAP UNIT LEGEND ASSUMED BY, THE PREPARER HEREOF.
-- D/R 9363-272 -- ZONED CPO -- 7. THIS PROPERTY MAY BE IMPACTED BY STREAMS, DITCHES, PONDS, OR
UE
BRRL LAKES. KENT COUNTY HAS REGULATIONS REGARDING THE PRESERVATION OF
SacB -- SASSAFRAS SANDY LOAM, 2 TO 5 PERCENT SLOPES, MID-ATLANTIC COASTAL PLAIN TV
SW
BRL UE
CHARLES CHIANG of
STREAMS, DITCHES, PONDS, OR LAKES AND THE DEVELOPER IS ADVISED TO
SacC -- SASSAFRAS SANDY LOAM, 5 TO 10 PERCENT SLOPES, MID-ATLANTIC COASTAL PLAIN
UE
2 STORY METAL BUILDING CONSULT WITH KENT COUNTY PLANNING SERVICES TO DETERMINE THE
HbB -- HAMBROOK SANDY LOAM, 2 TO 5 PERCENT SLOPES
CONCRETE WALK
#1241 COLLEGE PARK DRIVE SETBACKS FROM STREAMS, DITCHES, PONDS OR LAKES.
hKb -- HAMBROOK-URBAN LAND COMPLEX, 0 TO 5 PERCENT SLOPES TV AC UE
CHIANG & SONS PROPERTIES, LLC
SWR 8. FLOOD MAP PANEL 100001C0166H, EFFECTIVE 05/05/2003 REVEALS NO
FacA -- FALLSINGTON SANDY LOAMS, 0 TO 2 PERCENT SLOPES, MID-ATLANTIC COASTAL PLAIN BRL BRL IMPACT ON THIS PROPERTY.
AIR CONDITIONING AC
UE
UNIT - TYPICAL 9. SOURCE OF TITLE TO SUBJECT TRACT BEING D/R 12023-1, DATED
TV
R 17-MAY-2022. #105 QUAIL RUN
SW
10. FOOTPRINT OF EXISTING BUILDING IS 5,850 SQ. FT. +/-. CAMDEN WYOMING, DELAWARE 19934
UE UE
TV
BRL GAS METER 30.0'
BRL
11. SPRINKLER SYSTEM EXISTS FOR ENTIRE BUILDING.
SWR GL
UE
UE 2 STORY METAL BUILDING
TV SITE PLAN PREPARED FOR
BRL
SWR GL
UE
BRL
UE
TV
LEGEND FOR LINES/SYMBOLS
UE
32.2' ELECTRIC METER UTILITY CONDUIT WV
TV
SW
R GL
TV TV
UE BRL BRL BRL -- BUILDING RESTRICTION LINE CHARLES CHIANG
BRL
UE COMCAST BOX
26.7' BRL
UE
UE -- EXISTING BOUNDARY LINE
TV TV
TV GL
R TV
BRL SW BRL BRL TV BRL 10' BRL
BUILDING BRL
SETBACK LINE
BRL BRL BRL BRL BRL UE
BRL BRL BRL
-- EXISTING CULVERT PIPE
#1241 COLLEGE PARK DRIVE
UE TV UE UE UE
TV
UE
CONCRETE WALK -- CENTERLINE OF ROAD DOVER, DELAWARE 19904
TV SWR TV UE TV TV TV
TV TV TV TV UE
GL UE UE UE UE
-- EASEMENT LINE
S 32°36'00" E 170.36' WV
UE CONCRETE
UE WALK UE
UE UE UE UE N
UE
32°36'00"
UE UE
WUE180.00' TAX MAP #: ED-05-067.00-02-12.08-000
UE
R
TV
SW GL
TV LARGE TRANSFORMER -- FOUND IRON PIPE
WATER VALVE H Y D UTILITY BOX
ON CONCRETE SLAB
- TYPICAL
EAST DOVER HUNDRED
- TYPICAL FIRE HYDRANT -- FOUND RE-BAR CITY OF DOVER
30.0'
TV GL
TV
SW
R EDGE OF PAVEMENT WV
-- WATER VALVE KENT COUNTY, DELAWARE
TV GL -- UTILITY BOX DRAWN BY: NIK PATEL
TV
AC -- HVAC UNIT CHECKED BY: ---
COLLEGE PARK DRIVE
- - 60' WIDE / P R I V A T E - - TV GL TV SCALE: 1"=20'
-- EXISTING TREE
DATE: 03-APR-2024
TV GL TV
EDGE OF PAVEMENT -- FIRE HYDRANT DATE OF FLD WRK: JUN-2022
H Y D
30.0' DATE CRNRS SET: N/A
SURVEYOR CERTIFICATION: -- MANHOLE
OWNER CERTIFICATION: FIELD BOOK/PAGE: N/A
I, WILLIAM A. ELLIOTT, HEREBY CERTIFY THAT I AM A REGISTERED SURVEYOR IN THE STATE OF
DELAWARE, THAT THE INFORMATION SHOWN HEREON HAS BEEN PREPARED UNDER MY WE, CHARLES CHIANG, HEREBY CERTIFY THAT I AM THE LEGAL OWNER OF THE PROPERTY SCJ FILE NAME: 1241_CollegePark Rd_Field Data
SUPERVISION AND TO THE BEST OF MY KNOWLEDGE AND BELIEF AND THAT THIS PLAN DESCRIBED AND SHOWN ON THIS PLAN, THAT THE PLAN WAS MADE AT MY DIRECTION AND THAT SCALE 1" = 20'
REPRESENTS GOOD SURVEYING PRACTICES AS REQUIRED BY THE APPLICABLE LAWS OF THE I ACKNOWLEDGE THE SAME TO BE MY ACT AND DESIRE THE PLAN TO BE DEVELOPED AS SHOWN DRAWING #: 1241_CollegeParkRd_v2
STATE OF DELAWARE. IN ACCORDANCE WITH ALL APPLICABLE LAWS AND REGULATIONS.
SITE PLAN - AS-BUILT CONTRACT #: 1241_CollegeParkRd
SCALE: 1" = 20'
WILLIAM A. ELLIOTT DATE CHARLES CHIANG DATE 0' 10' 20' 40' 60' SHEET 1
___ OF 1
___ Page 19
Page 20
Item #5.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: MAY 1, 2024
APPLICATION: Lands of Chiang & Sons Properties, LLC at 1241 College
Park Drive
FILE #: Z-24-05
REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE #: 302-736-7025
CONTACT EMAIL #: jlyon@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. Our office has no objections to the proposed rezoning of tax parcel ED-05-067.00-02-12.08-000. Any redevelopment shall
adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works
Construction. Impact fees may be applied to this property. Future development shall comply with all aspects of the City of
Dover’s Cross Connection Control Program.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
ADVISORY COMMENTS TO THE APPLICANT
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 20
Page 21
Item #5.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: MAY 1, 2024
APPLICATION: Lands of Chaing & Sons Properties, LLC at 1241 College
Park Drive Rezoning C-PO to IO
FILE #: Z-24-05
REVIEWING AGENCY: City of Dover Electric Department
CONTACT PERSON: Shawn Burgett, Engineering Services & System Ops Superintendent
CONTACT PHONE #: 302-674-7568
CONTACT EMAIL #: sburgett@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE
WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
ELECTRIC
Our office has no objection to the rezoning of: ED-05-067.00-02-12.08-000.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
ELECTRIC
1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be
responsible for all costs associated with providing the appropriate meter / service to this site based upon the
use including any necessary system upgrades or extensions. The appropriateness and adequacy of electric and
meters will be assessed at that time.
2. Any redevelopment shall adhere to the City of Dover’s Electric Service Handbook.
https://evogov.s3.amazonaws.com/media/27/media/13108.pdf.
ADVISORY COMMENTS TO THE APPLICANT
ELECTRIC
1. None.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON
AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 21
Page 22
C F #5.
Z-24-05
Item
I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: 05/01/24 D S
O H
V A
E L
R
APPLICATION: Lands of Chiang & Sons Properties LLC at 1241 College Park Dr
FILE #: Z-24-05 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
josika@dover.de.us
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
CITY AND STATE CODE REQUIREMENTS:
1. Proposal is a rezoning application from C-PO to IO. This office has no objections.
2. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be
protected from impact damage by impact protection. Natural gas and LP gas meters, regulators,
and valves located inside structures shall have impact protection, except when located in
separate protected utility rooms.
Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The
bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in
concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48
inches (four ft.) in height above the finish grade elevation. Any deviation of the stated
requirements must be approved by the fire marshal and/or chief building inspector. The above
dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief
building inspector shall have the authority to require more stringent dimensions to fit the needs
of devices warranting impact protection.
Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors
shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must
be approved by the fire marshal and/chief building inspector.
(City of Dover Code of Ordinances, 46-4)
3. Every house, building or structure used or intended for use as living quarters or as a place for
conducting business, and having any wall facing or abutting any public or private street or alley,
shall have displayed on that wall, in legible, easily read characters which are of contrasting color
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Item #5.
to the background, the proper street number for such house, building, or structure in accordance
with the following:
One-family and two-family residential structures, height, the number shall measure a minimum of four
inches in height, location, the number shall be placed on the house above or to the left or right of
the front entrance, color, the number shall be contrasting to the background color, Arabic numerals,
all numbers shall be Arabic numerals.
Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when
identifying individual apartments with exterior doors, and 12 inches when identifying buildings
with apartment complexes where there are two or more buildings not assigned street addresses.
Individual buildings with street addresses shall have numbers measuring six inches, location,
numbers shall be placed either in the center of the building or on the street end of the building so
as to be visible from either the public or private street or from the parking lot, color, numbers shall
be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic
numerals.
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in
height, location generally, numbers shall be placed either in the center of the building or on the
street end of the building so as to be visible from either the public or private street or from the
parking lot,
property line or driveway, should the building be located far enough from a public or private road so
that the numbers are not clearly visible from the street, then the street address shall also be
posted on the property at or near the property line or driveway to said building,
color; each building, numbers shall be contrasting to the background color and shall be placed on
each building in the complex,
Arabic numerals, all numbers used shall be Arabic numerals,
Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite
number affixed to the front of the tenant space and on the outside of the rear door which
corresponds with that tenant space. Numbers shall measure six inches in height.
(City of Dover Code of Ordinances, 98-344)
4. Full building and fire plan review is required.
5. Separate building permits/plans submission will be required for each building and/or tenant fit
out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued.
Separate plans and permits submissions will be required for each “tenant fit out” at which time a
Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”.
Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for
the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued.
6. Construction or renovations cannot be started until building plans are approved.
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Item #5.
7. Fire alarm systems, fire suppression systems, hoods, exhaust ducts, and hood suppression
systems require a fire permit from the Fire Marshal’s Office. This work cannot be started until
the permit is approved.
8. Building cannot be occupied by the public until a Certificate of Occupancy is obtained.
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. Any proposed building use would fall under an additional review/
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
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Item #5.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Lands of Chiang & Sons Property
FILE#: Z-24-05 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Will Mobley PHONE#: 302-760-2141
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. The Department has not comments for this project.
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KENT CONSERVATION DISTRICT
Item #5.
1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
MAY 2024
APPLICATION: Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive
Rezoning C-PO to IO
FILE #: Z-24-05
REVIEWING AGENCY: Kent Conservation District
CONTACT PERSON: Kate Owens
PHONE: (302) 608 – 5370
EMAIL: stormwater@kentcd.org
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY
AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS
ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
Kent Conservation District has no objection to the proposed rezoning for the above referenced site.
ADVISORY COMMENTS TO THE APPLICANT:
Soil disturbance (e.g. clearing, grading, excavations, tree clearing, or stoning) equal to or greater than
5,000 square feet requires a Sediment and Stormwater Management Plan to be submitted and approved by
the Kent Conversation District prior to the commencement of disturbance.
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Item #5.
CITY OF DOVER Dover/Kent
DEVELOPMENT ADVISORY COMMITTEE
County
Metropolitan
APPLICATION REVIEW COMMENTARY Planning
D.A.C. MEETING DATE: 5/8/2024 Organization
Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive
FILE # Z-24-05 REVIEWING AGENCY: Dover/Kent County MPO
CONTACT PERSON: Malcolm Jacob PHONE #: (302) 387-6030
Issues of concern to the MPO are effective transit, reducing the amount of vehicle emissions by shortening or
eliminating trips, and facilities for alternative modes of transportation, including bicycle and pedestrian access. The
MPO considers the bicycle facilities required by the City of Dover to be the standard for all applications, not to be
waived.
City of Dover Planning Commission
Zoning Review
Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive
1) The MPO does not have any objections to the proposed rezoning. The property already contains
sidewalks for pedestrian access along College Park Drive and around the existing building. Any
future changes to the property should ensure continued, safe access by various modes of
transportation, including pedestrians, bicyclists, and motor vehicles.
If you have any questions or need to discuss any of the above comments, please call the
above contact person and the Planning Department as soon as possible.
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Item #5.
CITY OF DOVER PLANNING COMMISSION
May 20, 2024 Excerpt from Meeting Minutes – Draft
The Meeting of the City of Dover Planning Commission was held on Monday, May 20, 2024 at
7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system Webex. The
Meeting Session was conducted with Chair Mrs. Maucher presiding. Members present were Mr.
Cooper, Mr. Roach (virtual), Mr. Witham, Mrs. Denney, Mr. Baldwin, Mrs. Welsh, and Mrs.
Maucher. Dr. Jones and Mr. Reaves were absent.
Staff members present were Mrs. Dawn Melson-Williams, Ms. Katherine Oehmke, Mr. Jason
Lyon (virtual), and Mrs. Kristen Mullaney.
NEW APPLICATIONS
Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive: Rezoning C-PO
to IO - Public Hearing and Review for Recommendation to City Council of a Rezoning
application for a parcel of land consisting of 1.1024 acres +/-. The property is zoned C-PO
(Commercial and Professional Office Zone). The proposed zoning for the property is IO
(Institutional and Office Zone). The property is located on the east side of College Park Drive (a
private street) and north of State College Road. The owner of record is Chiang & Sons
Properties, LLC. Property Address: 1241 College Park Drive. Tax Parcel: ED-05-067.00-02-
12.08-000. Council District 4. Ordinance #2024-11. The First Reading of the Proposed
Ordinance was held on April 22, 2024 and Public Hearings scheduled for Planning Commission
on May 20, 2024 and City Council on June 10, 2024.
Representative: Mr. Nik Patel, Avi Consulting Group
Ms. Oehmke stated that the Rezoning for Mr. Chiang & Sons Properties, LLC at 1241 College
Park Drive is located on the east side of College Park Drive. It’s a private street north of State
College Road. It’s just over one acre. It is currently an office building. It is zoned C-PO
(Commercial and Professional Office Zone). This property has a little bit of history. There was a
storm that came through Dover and condemned the building. The property was purchased by
Chiang & Sons Properties, LLC in July 2022. In September 2022, they did try to put through a
Conditional Use Application that was heard by the Planning Commission. It was denied and in
January 2023, a Building Permit was approved for renovations. They speedily finished their
renovations and received their Certificate of Occupancy by December 2023. The screen shows a
rendering of what the building currently looks like. They did a lovely job fixing that up. This is
the Site Plan of the property with its parking and landscaping. The use comparison between the
C-PO (Commercial and Professional Office Zone) and the IO (Institutional and Office Zone) as
you can see on the screen, gives them quite a few more opportunities for tenants to use the space
within the building, including as places of public assembly and child care centers. For this
property, according to the Comprehensive Plan Land Use Category is Office and Office Parks.
This allows for mainly daytime use, and it’s tucked into a little office park as you can see here. If
there are any questions, we have Mr. Nik Patel, the real estate agent for the client here.
Mr. Patel stated that he is representing the client and the description from Ms. Oehmke was
Excerpt of Planning Commission Meeting Minutes of May 20, 2024 Page 1 of 2
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Item #5.
pretty thorough. Currently, the property is still vacant. It is for sale and lease; they just haven’t
had any activity. A lot of the requests that they are getting are for uses that are under IO
(Institutional and Office Zone) and not the C-PO (Commercial and Professional Office Zone).
They felt like this would be a good opportunity to get the building back up and running and
hopefully marketable for lease or for sale.
Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the
public hearing.
Mrs. Denney stated that she wants to note that within this there is an elimination for street
frontage sidewalk as well as the upright curbing and with the change of zoning. Responding to
Mrs. Denney, Mrs. Melson-Williams stated that she thinks that Mrs. Denney is mixing up
applications; this is a Rezoning application.
Mr. Witham stated that Staff does make a recommendation to the Commission that the proposed
zoning is consistent with the Comprehensive Plan. He should have asked this question to the
applicant earlier, but he was wondering how long this matter has been on the market for the
existing businesses under the current zoning? Responding to Mr. Witham, Mr. Patel stated that
it’s actually been on the market since prior to our completion of our Certificate of Occupancy.
So, it’s been over eight months.
Mr. Witham asked if there were any takers yet. Responding to Mr. Witham, Mr. Patel stated no.
Mrs. Welsh moved to recommend approval to City Council for application Z-24-05 Lands of
Chiang & Sons Properties, LLC at 1241 College Park Drive: Rezoning C-PO to IO, seconded by
Mr. Witham and the motion was carried 7-0 by roll call vote with Dr. Jones and Mr. Reaves
absent. Mrs. Welsh voting yes; as mentioned in the request for the Rezoning to IO (Institutional
and Office Zone), that provides a better opportunity for the parcel to be turned into a viable
business and to get rid of a vacant building that is just sitting there and that has been destroyed
at one point and now re-accomplished. Mr. Cooper voting yes; for reasons stated. Mr. Roach
voting yes; for reasons stated. They have been cooperative with the Planning Staff, and it fits the
Comprehensive Plan. Mrs. Denney voting yes; she thinks after all of the time and not having any
interest in the zoning that exists, that the change in zoning may help allow this building to have
useful tenants now. Mr. Witham voting yes; for the reasons set forth by his fellow Commissioners
and also to include the reasons set forth in the Staff recommendation and this Rezoning would be
consistant with the Comprehensive Plan. Mr. Baldwin voting yes; for reasons stated. Mrs.
Maucher voting yes; for reasons stated.
Excerpt of Planning Commission Meeting Minutes of May 20, 2024 Page 2 of 2
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Item #5.
FINAL READING
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-11
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF
2 THE CITY OF DOVER CHANGING THE ZONING DESIGNATION OF PROPERTY
3 LOCATED AT 1241 COLLEGE PARK DRIVE
4
5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property
6 within the limits of the City of Dover; and
7
8 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted
9 use of property below from C-PO (Commercial and Professional Office Zone) to IO
10 (Institutional and Office Zone).
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
13 CITY OF DOVER, IN COUNCIL MET:
14
15 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
16 Ordinance of the City of Dover have been amended by changing the zoning designation
17 from C-PO (Commercial and Professional Office Zone) to IO (Institutional and Office
18 Zone) on that property located at 1241 College Park Drive (on the east side of College Park
19 Drive (a private street) and north of State College Road, consisting of 1.1024 acres, owned
20 by Chiang & Sons Properties, LLC.
21
22 (Tax Parcel: ED-05-067.00-02-12.08-000; Planning Reference: Z-24-05; Council District 4)
23
24 ADOPTED: *
25
26 Action History
27 06/10/2024 – Scheduled for Public Hearing/ Final Reading – City Council
28 05/20/2024 – Public Hearing – Planning Commission
29 04/22/2024 – First Reading – City Council
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Item #6.
ANNUAL CITY COUNCIL MEETING
The Annual City Council Meeting was held on May 13, 2024, at 6:30 p.m., with Mayor Christiansen
presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury,
Mrs. Arndt (via WebEx), Mr. Rocha, Mr. Sudler, Mr. Lewis, and Mr. Hare.
Staff members present were Police Chief Johnson, Ms. Marney, Mr. Hugg, Ms. Melson-Williams,
Chief Carey, Mr. Rodriguez, and Ms. Bennett.
OPEN FORUM
The Open Forum was held at 6:15 prior to commencement of the Official Council Meeting. Mayor
Christiansen declared the Open Forum in session and reminded those present that Council was not
in official session and could not take formal action.
Mr. James Wilson, 1430 South Governors Avenue, Dover, stated that he is trying to understand the
electric billing system process. Mr. Wilson inquired about the process of assembling bills. He asked
whether they are based on meter readings or assumption of consumption. He also questioned how
electric bills are being executed. Mr. Wilson suggested that an internal investigation should be
requested if meters are not being read. He referenced Federal Trade Commission laws, stating that
individuals should not be required to pay more than they should be billed. Additionally, he inquired
about any changes in the billing system, who directed the council to make these changes, and the
legality of these changes.
Responding to Mr. Wilson, Mayor Christiansen stated that he would have City Staff respond to him.
Mr. Enrico Stratton, 66 Barrett Court, Felton, stated that he is a community activist in Dover and is
concerned with the community. He expressed that he observes significant revitalization occurring
and he is concerned about the poor people and where they fit in with the new businesses that are
going in Dover. Mr. Stratton stated that construction is going on, meaning someone is being pushed
out somewhere. The question is who is being pushed out. He explained that a new courthouse is
being built, which means they are looking to put someone in those courthouses. Since the courthouse
that is already up is not big enough, they need a bigger courthouse, and it seems that they are
projecting that someone is going to commit crimes, or that they want someone to commit crimes.
This is just like building schools. Schools are built because there is not enough room to accommodate
the people who live in that general area.
Ms. Lachelle Paul, 501 Silverside Road, Wilmington, stated that her first question was directed at
Chief of Police Thomas Johnson. She inquired about allegations from constituents that he had used
a city vehicle for personal use, potentially on taxpayer dollars rather than for official city business.
She questioned if this had occurred and if such actions would constitute a violation of the city code.
She stated that she would assume the allegations were true if she did not receive a response. Her
second question was directed to Councilman Hare. She noted that constituents alleged an ethical
misconduct complaint, and that the resolution of the complaint was not disseminated to the public.
She questioned whether this indeed occurred. Ms. Paul emphasized the importance of transparency,
noting that the council is responsible for adhering to the article under the Dover code. This code
specifies that if there is a complaint and a resolution, the resolution must be disseminated to the
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 2
public. Ms. Paul explained that the Freedom of Information Act (FOIA) request was submitted, but
she sought clarification on how the resolution was made public. She mentioned that a constituent
contacted her, expressing concern about the city council not following proper procedures. Ms. Paul
questioned why it would take until May 24th to receive the FOIA information, noting that when she
requested information from the chief’s office, she received it within hours. She suspects a cover-up,
as she believes the requested information should be provided promptly, rather than after several days.
Responding to Ms. Paul, Mayor Christiansen stated that he would provide her with the information
requested.
PRELUDE
God Bless America was sung by Ceasar Rodney High School Student Madison Skelley.
INVOCATION
The invocation was given by Bishop Carol Boggerty.
PRESENTATION OF THE COLORS
The colors were presented by Dover High School Air Force Junior Reserve Officer Training Corps
(AFJROTC).
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by South Dover Elementary 4th Grade Spanish Immersion Class.
NATIONAL ANTHEM
The National Anthem was sung by Dover High School Student, Izabella Raughley.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously
carried.
ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR
Mayor Christiansen opened the floor for nominations for Council President/Vice-Mayor for
2023/2024.
Mr. Neil moved to nominate Mr. Anderson to serve as Council President/Vice-Mayor for 2024/2025,
seconded by Mr. Sudler.
Mr. Sudler moved to close the nominations, seconded by Mr. Rocha, and unanimously
carried.
REPORTING OF ELECTION RESULTS BY MAYOR CHRISTIANSEN
Mayor Christiansen reported that David Levi Anderson had been elected to serve as
Council President/Vice-Mayor for 2024/2025.
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 3
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 requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Lewis requested that Item #22, F. and G. be removed from the Consent Agenda and
considered as a separate item.
Mr. Anderson requested that Item #25 B. be removed from the Consent Agenda and considered
as a separate item.
Mr. Neil moved for adoption of the consent agenda as amended, seconded by Mr. Anderson,
and carried by a unanimous roll call vote.
PROCLAMATION - COMMUNITY ACTION MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, since 1965, First State Community Action Agency has improved the lives of scores of
individuals and families throughout the City of Dover by promoting solutions to a broad range of
challenges. The Agency strives to ignite economic growth and promote economic stability, which
builds stronger communities, fosters self-sufficiency, and helps to ensure that all citizens are able to
live in dignity; and
WHEREAS, First State Community Action Agency has provided greater opportunities for those in
need of assistance by creating pathways to prosperity through programs that offer benefits such as
job training, affordable housing, and utility assistance for seniors; and
WHEREAS, First State Community Action Agency offers innovative solutions that create a greater
chance of success for everyone and continues to be a voice for the disenfranchised in our community.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim May 2024 as COMMUNITY ACTION MONTH in the City of
Dover in recognition of the hard work and dedication of the First State Community Action Agency.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Ms.
Bernice Edwards, from First State Community Action.
PROCLAMATION – ECONOMIC DEVELOPMENT WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, City of Dover’s Economic Development is under the Mayor’s Office, partnering
with local organizations who are committed to advancing the economic development profession
by providing resources, professional development, and networking opportunities; and
WHEREAS, Economic Development Week gives economic development professionals a
platform to showcase to the City of Dover the contributions made to their local economy
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 4
throughout the year, and aims to increase awareness for local programs that create jobs, advance
career development opportunities, and improve the quality of life in the City of Dover; and
WHEREAS, economic developers promote economic well-being for the City of Dover by
creating, retaining, and expanding jobs that facilitate growth, enhance wealth, and provide a stable
tax base; and
WHEREAS, economic developers stimulate and incubate entrepreneurism in order to help
establish the next generation of new business, which is the hallmark of the City of Dover economy.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim May 6-10, 2024, as Economic Development Week
in the City of Dover and remind individuals of the importance of this community celebration which
supports the expansion of career opportunities and improving quality of life.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Ms. Linda
Parkowski, Kent Economic Partnership.
PROCLAMATION – NATIONAL POLICE WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, in 1962, President Kennedy proclaimed May 15 as Peace Officers Memorial Day,
when U.S. flags should be flown at half-staff, and the calendar week in which May 15 falls, as
National Police Week that offers honor, remembrance, and peer support, while allowing law
enforcement officers, survivors, and citizens to gather and pay homage to those who gave their
lives in the line of duty for the safety and protection of others; and
WHEREAS, the National Law Enforcement Memorial located in Washington D.C holds the
names of 24,067 officers who died in the line of duty throughout U.S. history, dating back to the
first known death in 1786. The Delaware Law Enforcement Memorial is in the City of Dover
located on the south side of Legislative Mall which contains the names of 45 officers who died in
the line of duty since 1863; and
WHEREAS, each year, hundreds of names of officers killed in the line of duty are engraved on
the walls of the National Law Enforcement Officers Memorial in Washington, D.C. For the year
2024, 282 additional law enforcement officers’ names will be engraved; and
WHEREAS, the purpose of National Police Week is to honor the role of law enforcement in
service to society, by recognizing the sacrifices and valor of law enforcement, educating the
community, and making it safer for those who serve.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim May 10th-16th, 2024, as National Police Week in the
City of Dover and publicly salute the service of Law Enforcement Officers in our community and
communities across the nation.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Dover Police
Chief Thomas Johnson, City of Dover Police Department.
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 5
PROCLAMATION – PUBLIC WORKS WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, our public works professionals focus on infrastructure and services that are of vital
importance to sustainable and resilient communities and to the public health, high quality of life,
and well-being of the people of the City of Dover; and
WHEREAS, these infrastructures and services could not be provided without the dedicated efforts
of public works professionals of the City of Dover Department of Public Works, Sanitation,
Streets, Stormwater, and Administration Divisions, who are responsible for operating,
maintaining, improving, and protecting our city’s environment, solid waste systems, rights-of-
way, which are essential for our citizens; and
WHEREAS, it is in the public interest for the citizens, civic leaders, and children of the City of
Dover to gain and maintain knowledge and progressive interest regarding the importance of public
works and public works programs in the community; and
WHEREAS, the American Public Works Association 2024 National Public Works Week theme,
“Advancing Quality of Life for All,” showcases how City of Dover public works professionals
contribute to and enhance the quality of life to the City of Dover resident in which they proudly
serve.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF
DOVER, DELAWARE, do hereby proclaim May 19th-25th, 2024, as PUBLIC WORKS WEEK
in the City of Dover and urge all citizens and organizations to learn more about the topics involved
in providing public works, and to recognize the contributions that the dedicated Department of
Public Works employees make every day to our health, safety, comfort, and quality of life.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mr. Mark
Nowak, Public Works Director.
STATE OF THE CITY MESSAGE - MAYOR ROBIN R. CHRISTIANSEN
Mayor Christiansen offered the following State of the City Message:
“My fellow citizens of Dover, Mr. President, honorable members of council and
city staff. Tonight, it is once again my honor and pleasure to deliver to you the State
of the City address.
Today I am here to report to the citizens of Dover that we, like many other
communities across the state and our nation, face many challenges such as public
safety, growth concerns, financial sustainability, and social issues.
We are a strong, viable community that embraces opportunity and hard work so
that those who dream or realize the full potential for a better life for themselves and
their children. This city was built on the dreams of those who came before us, those
who live here today, and those who will follow us in future generations.
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 6
Today, we must continue to dream big. I want to recognize those who make this
city a great place to live, work, and play. Public safety is job one (1). If we don’t
have a safe city, no one will want to live, work, play, or locate their business here.
We have an excellent and outstanding police department with men and women who
worked tirelessly to continue to build a 21st-century community policing
organization. Despite the manpower challenges that we face each day, community-
oriented policing is for all the communities of our city. I point sadly to the recent
uptick of four senseless homicides that occurred in our city. Several people’s lives
have been impacted and changed forever. This violent behavior is completely
uncalled for and will not be tolerated. It must stop today. The only upside to this is
the quick clearance of these crimes and the apprehension of those who committed
them. This was not accomplished by sedentary police substations or bicycles. This
was accomplished by good old-fashioned police work and community cooperation.
Now, I call for the judicial system in this state to give these victims and their
families the justice they deserve. Now is the time. The community demands this
justice. We continue to have an outstanding volunteer fire department, Robbins
Hose Company Number One, serving as the Dover Fire Department, which has
served this community for 142 years.
Thank you to the men and women who protect our families every day, 24 hours a
day, seven (7) days a week, 365 days out of the year. This is done with the valiant
efforts of our volunteers. If you have time and want to make a large impact on your
community, I welcome you to join them. They are always looking to add to their
membership, so please reach out to them if you are interested.
As we move forward with a new provider for our EMS ambulance service, we thank
the employees at St. Francis for their dedicated service. Over the last five (5) years,
many of you will see familiar faces coming on board with the new provider as they
take jobs with the ambulance. Let me assure you that the Mayor and Council
guarantee that the excellence of our ambulance service will continue uninterrupted
as we welcome the new service into Dover.
To all our city employees, thank you to each of you in every department. If it were
not for you and your dedication to this city, it would not be the great place that it
is. Community excellence through quality service is what you provide each day.
We all know that the success of this city lies not only with the Mayor and Council
but with the numerous organizations. Such as the Central Delaware Chamber of
Commerce, the Kent County Economic Partnership, the Downtown Denver
Partnership, and many other organizations dedicated to the today of this city and
the future tomorrow.
And let us not forget one of the largest economic engines and job creators in the
City of Dover, the Dover Air Force Base. A bright note regarding the Dover Air
Force Base is the increased flight use of the base with a joint use agreement, which
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 7
is close to being signed. I would like to thank our congressional delegation for their
diligence and attention to this most vital agreement. With this agreement, we now
have the opportunity to bring DHL Amazon, UPS, and FedEx, as well as the
potential of commercial airline carriers to the city, creating many new jobs. Also
with this agreement, many of those who retire from the base may choose to remain
here as part of our community with the skills they learned and earned while serving
our country, making our community a more viable place to live and adding to the
fabric of our city.
Dover has been discovered as a place to do business. Examples of this are the
Garrison Oak Lots in our industrial park, and major construction in other areas of
the city at Enterprise Business Park, Lafferty Lane, Horse Pond Road, and Ridgeley
Street. We added a new major employer, which plans to expand Del Marva
Corrugated Box Company. There are indications of expansion of other legacy
businesses such as Kraft Heinz, Energizer, Heiser, and Proctor and Gamble. In four
(4) years, we have added over 500 jobs to the job market here in the City of Dover
and about $175 million in new investment in our city.
A forward-looking master plan for Downtown Dover and significant financial
support from the governor and the state legislature offers the promise of a
revitalized and vibrant capital city. As well as, anchored by the new family court,
the ongoing redevelopment of the former post office, the old Dover Post mixed-use
project, and a mosaic plan for the former Acme site.
Our commercial areas are thriving with new businesses coming regularly, including
gourmet cookies, ethnic foods, drinking establishments, car personal care services,
and renovated personal office space. We welcomed a new business, the Rail Haus
that so many of our citizens are enjoying.
There are several institutions of higher education and the value they add to our
community. Likewise, we continue to work closely with Capital School District,
Ceasar Rodney, and all other schools in our city to provide safe schools and assist
them as they prepare future generations to carry forward our legacy.
Finally, I want to recognize Neighborgood Partners and Habitat for Humanity as
they continue to revitalize our downtown by building houses for families that
become homes. We thank them for their efforts, but not all those who need a home
have a home or shelter. I continue to look forward to the unsheltered working
groups, continued efforts to work toward a solution for those issues and the root
causes that contribute to those situations this evening.
We stand ready to meet the challenges of today while we look toward a bright future
for all our citizens. I ask each of you here in this chamber and in the audience and
our city to join with the Mayor and Council and our city staff to make a bright future
for everyone. I continue as I have believed throughout my entire life to believe in
Dover, and I hope that you believe in Dover too. Thank you.”
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 8
PUBLIC HEARING – REMOVAL OF CERTAIN PARCELS (22 ACRES) FROM THE
DOWNTOWN DEVELOPMENT DISTRICT
Mr. David S. Hugg, III, City Manager, briefed members on the Removal of Certain Parcels (22
Acres) from the Downtown Development District.
Responding to Mr. Boggerty, Mr. Hugg stated that these properties are owned by various
government entities, including the post office, state courts, the state transit center, and the City of
Dover. They are publicly owned, so they are not eligible for funding.
Responding to Mr. Boggerty, Mr. Hugg stated that two (2) private properties are affected due to
the redefining of the district boundary.
Responding to Mr. Boggerty, Mr. Hugg stated that the property owners were all notified by
certified mail. An ad was run in the Delaware State News and the consultant had reached out to
talk to the owners of the two (2) properties. The ad was published on May 3rd and the certified
letters are dated May 3rd.
Mayor Christiansen declared the hearing open at 7:15 p.m. There was no one present wishing to
speak during the public hearing. Mayor Christiansen declared the hearing closed at 7:16 p.m.
Mr. Neil moved for acceptance of removing 22 acres from the Downtown Development
District, seconded by Dr. Pillsbury, and carried by a unanimous roll call vote.
RESOLUTION NO. 2024-06 – SUPPORTING THE APPLICATION FOR A FIVE-
YEAR EXTENDED DESIGNATION AS A DOWNTOWN DEVELOPMENT
DISTRICT
The City Clerk read the following Resolution into the record:
A RESOLUTION IN SUPPORT OF THE APPLICATION FOR A FIVE-YEAR
EXTENDED DESIGNATION AS A DOWNTOWN DEVELOPMENT DISTRICT.
WHEREAS, under the Downtown Development Districts Act, 22 Del. C. §§ 1901 et seq. (the
“Act”), the State of Delaware may designate districts within Delaware’s cities, towns, and
unincorporated areas that will qualify for significant development incentives and other state
benefits; and
WHEREAS, these districts are known as Downtown Development Districts (“District”); and
WHEREAS, in 2015, the downtown area of the City of Dover was designated as a Downtown
Development District for an initial ten-year period; and
WHEREAS, the Office of State Planning Coordination has developed a renewal application
process to evaluate the performance of district responsibilities by the municipality, the continued
need for the district, and its effectiveness in achieving program goals, with such applications
being due six months prior to expiration; and
WHEREAS, application materials must include an updated district plan including updated
goals, objectives, strategies, and key priority projects, a program evaluation, and a discussion of
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 9
the continued need for the District designation supported by data, and information about the
proposed incentive package to achieve the purposes set forth in the Act (the “Local Incentives”)
and;
WHEREAS, Applicants may revise the original District Boundary as a part of the renewal
process to meet the redevelopment goals of the next five-year period; and
WHEREAS, if the renewal application is successful and the City receives a five-year extension
of its District designation, the District Plan and Local Incentives proposed by the City shall be
binding; and
WHEREAS, the incentives associated with designation as a Downtown Development District
have and are expected to continue to greatly benefit current and future residents, businesses,
non-profit organizations, and others within the City of Dover; and
WHEREAS, the City Council of the City of Dover strongly believes that it is in the best interest
of the City of Dover to apply for a renewal of the District designation.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council supports the Application for a five-year extension of District
Designation prepared by Rossi Group and dated March 2024 (the “Application”); and
2. The City of Dover is authorized to appoint a District administrator (the “Administrator”)
to file the Application on behalf of the City, and to provide such other documents and
information as may be necessary or desirable in connection with the Application; and
3. If the Application is successful and the City of Dover receives notice of District renewal:
a. The City shall adhere to the District Plan and the Local Incentives contained in the
Application for the duration of the District designation; and
b. The Administrator, or their designee(s), is authorized to execute such documents
and enter into such agreements as may be necessary or desirable in connection
with the Downtown Development Districts program and the rights and obligations
of the City of Dover thereunder; and
c. The Administrator, or their designee(s), is authorized to carry out all District
administrative and reporting requirements on behalf of the City of Dover for the
duration of the District.
ADOPTED: May 13, 2023
Mr. Neil moved for the approval of Resolution No. 2024-06. The motion was seconded
by Dr. Pillsbury, and by a unanimous roll call vote.
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 10
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2024-09-
LANDS OF LINDA DUNCAN AT 600 FOREST STREET
A public hearing was duly advertised for this time and place to consider the rezoning of the
property located at 600 Forest Street, consisting of 0.51 +/- acres, owned by Linda Duncan. The
property is currently zoned IO (Institutional and Office Zone) and subject to the H (Historic
District Zone), and the proposed zoning is C-2A (Limited Central Commercial) and remaining
subject to the H (Historic District Zone). This property is located on the south side of Forest
Avenue and near the west end of Loockerman Street. (Tax Parcel: ED-05-076.12-02-44.00-000
and ED-05-076.12-02-45.00-000. Council District Four).
Responding to Ms. Melson-Williams, Mr. Lewis noted that on page 76, under existing property, it
states that the property is currently within the City of Dover Historic District Zone and is also
listed in the National Register of Historic Places as part of the Victorian Dover Historic District.
Responding to Mr. Lewis, Ms. Melson-Williams stated that the Historic District Commission did
not review the rezoning application because the rezoning application was not seeking changes to
the Historic District Zone Designation. The property remains in place and any future development
on the site would be subject to review by the Historic District Commission as part of the review
process called the Architectural Review Certification. She explained if they were seeking to make
changes to the Historic District Zone, then it would have gone before the Historic District
Commission. Since no changes are being made, a review is not required.
Responding to Ms. Melson-Williams, Mr. Rocha stated that when he looked at the property at 600
Forest Street, it looked like an island. He wanted clarity on the location.
Responding to Mr. Rocha, Ms. Melson-Williams stated that the location is kind of a triangular
piece of land, and it is occupied by state offices. It is a vacant tract of land, and it is bounded by a
number of streets and parking lot areas.
Responding to Ms. Melson-Williams, Mr. Rocha asked if the property is limited to redevelopment.
Responding to Mr. Rocha, Ms. Melson-Williams stated that the size and shape of the property are
going to present some challenges for redevelopment. It will be up to the designers to comply with
code requirements for the placement of the building and parking access.
Mayor Christiansen declared the hearing open at 7:29 p.m. There being no one present wishing to
speak during the public hearing, Mayor Christiansen declared the hearing closed at 7:30 p.m.
Mr. Neil moved for approval of Ordinance #2024-09 as recommended by the Planning
Commission, seconded by Mr. Boggerty, and carried by a unanimous roll call vote.
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2024-10-LANDS
OF WHITE MARSH ENVIRONMENTAL SYSTEMS, INC AT 1100 & 1110 SOUTH
LITTLE CREEK ROAD
A public hearing was duly advertised for this time and place to consider the rezoning of the
property located at 1100 & 1110 South Little Creek Road, consisting of 10.7146 +/- acres, owned
by White Marsh Environmental Systems, Inc. c/o Tidewater Utilities. The property is currently
zoned CPO (Commercial and Professional Office Zone) and the proposed zoning is IPM
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 11
(Industrial Park Manufacturing Zone). This property is located on the south side of South Little
Creek Road and west of State Route 1. (Tax Parcel: ED-05-077.12-01-03.00-000. Council District
Two).
Mr. Neil moved that the Final Reading of Proposed Ordinance #2024-10 be acknowledged
by title only, seconded by Mr. Rocha, and unanimously carried. (The First Reading of the
proposed ordinance was accomplished during the Council Meeting on March 25, 2024.)
Responding to Mr. Lewis, Ms. Melson-Williams explained that they plan to store several pieces
of equipment in a designated building. They would also maintain inventory for items such as water
meters and pipes. Some of that would be potentially stored inside a warehouse-type facility while
other items may be stored in a work yard for material storage for their operations. Ms. Melson-
Williams continued to explain that they are looking to be able to plan on-site and can do so because
of the need to stockpile items. They would like to consolidate the storage to a central location from
several existing locations. She explained that they are a utility water service provider in Kent
County.
Responding to Mr. Lewis, Ms. Melson-Williams stated that she was not aware of them storing any
chemicals or flammable material, but that would not be part of the rezoning request. It would be
part of any development in the IPM, which is called the Performance Standards Review application
process with the Planning Commission. There are certain objectionable elements that they have to
prove that they are not doing. That would be something to address at that time.
Responding to Mr. Lewis, Ms. Melson-Williams stated that there is a commercial entrance onto
South Little Creek Road, and that it is a state-maintained road. She explained that they would
probably learn during the peak times of the school and elect not be move heavy equipment during
those peak times. Most operations learn the best times to go to and from their sites.
Mayor Christiansen declared the Public Hearing opened at 7:41 p.m.
Mr. Mike Ryman, Becker Morgan Group, 309 South Governors Avenue, Dover, stated that they
are the engineers for the project. He explained that Ms. Melson-Williams had indicated that the
property is known as Tidewater property and resides on Little Creek Road. The property is zoned
CPO, is under 11 acres and the request is to change to IMP. The importance of this request is to
allow for the construction of a storage building behind the headquarters and outdoor storage. Mr.
Ryman stated that the materials that they are planning to store on-site are pipes, pertinences,
hydrants, valves, and meters. No chemicals are intended to be stored on-site. He concurred with
Ms. Melson-Williams that, following the rezoning process, the site plan review process would be
initiated to ensure compliance with the requirements outlined in the IMP zoning. There will be less
than 10 trucks on site, resulting in minimal traffic disruption. As part of a site plan review, DelDOT
would be part of the process and would be able to weigh in as to whether the additional number of
trucks would cause any issues. Mr. Ryman explained that it is consistent with the Comprehensive
Plan and that they did go to the Planning and Zoning Commission. The vote was 9-0 in favor of
the request, with staff recommending support for the rezoning application. This would allow for
the longstanding business of Tidewater Utilities to continue to operate in the city more efficiently
by consolidating some of these uses right in their backyard, as opposed to being scattered
throughout the city.
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 12
Responding to Mr. Sudler, Mr. Ryman explained that any proposed plan would be accompanied
by a traffic analysis. However, they are not yet presenting a detailed plan. Instead, they are seeking
to rezone the property to align with the Comprehensive Plan’s guidelines.
Responding to Mr. Sudler, Mr. Ryman stated that he was not sure how to answer his question and
that DelDOT does have criteria on how to evaluate the traffic.
Responding to Mr. Lewis, Mr. Ryman stated that they are looking to have less than 10 trucks.
Mr. Ray Ball, Director of Planning Development for Tidewater, 132 Big Ditch Road stated that
employees drive pick-up trucks and utility vehicle trucks that carry small equipment, such as tools
and small parts. Occasionally, they do have a small dump truck. Mr. Ball stated the biggest thing
is inventory. They are in the process of building a two-year inventory. He explained that traffic is
not going to change that much because everyone comes in and comes out relatively early in the
morning. Mr. Ball does not expect a big change in the traffic flow. He is in support of this project.
Mr. Zack Prebula, Kent Economic Partnership, 555 South Bay Road, Dover, stated that he is in
support of the project. He explained that this serves as a prime example of a local company facing
the challenges of supply chain shortages and proactively seeking solutions to expand and meet the
needs of its clients.
Mayor Christiansen declared the Public Hearing closed at 7:50 p.m.
Mr. Neil moved for approval of Ordinance #2024-10, as recommended by the Planning
Commission. The motion was seconded by Mr. Rocha, and by a unanimous roll call vote,
Council adopted Ordinance #2024-10, 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 2161 FORREST AVENUE
WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property
within the limits of the City of Dover; and
WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
property described below from R-10 (One Family Residence Zone) and subject to the COZ-1
(Corridor Overlay Zone) to RM-2 (Medium Density Residence Zone) and subject to the COZ-1
(Corridor Overlay Zone).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
CITY OF DOVER, IN COUNCIL, MET:
1. That from and after the passage and approval of this ordinance the Zoning Map
and Zoning Ordinance of the City of Dover has been amended by changing the
zoning designation from R-10 (One Family Residence Zone) and subject to the
COZ-1 (Corridor Overlay Zone) to RM-2 (Medium Density Residence Zone) and
subject to the COZ-1 (Corridor Overlay Zone) on that property located at 2161
Forrest Avenue (on the south side of Forrest Avenue west of Dover High
Drive), consisting of 11.9973+/- acres, owned by Jireh Christian Center, Inc.
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 13
(Tax Parcel: ED-05-075.00-01-05.00-000; Planning Reference: Z-23-01; First Council District)
ADOPTED: May 13, 2024
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 22, 2024
The Minutes of the Regular Council Meeting of April 22, 2024, were unanimously approved
by motion of Mr. Neil, seconded by Mr. Anderson, and bore the written approval of Mayor
Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT – APRIL 23, 2024
The Council Committee of the Whole met on April 23, 2024, at 6:01 p.m. with
Council President Hare presiding. Members of Council present were Mr. Anderson,
Ms. Arndt, Mr. Boggerty, Mr. Lewis, Mr. Neil, Dr. Pillsbury, and Mr. Rocha. Mr.
Sudler was absent. Mayor Christiansen was also present. Civilian members present
for their Committee meetings were Mr. Iriowen (via WebEx) (Utility), and Ms.
Smith (Legislative, Finance, and Administration). Mr. Pugh (Utility) and Mr.
Shevock (Legislative, Finance, and Administration) were absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Lewis moved for adoption of the agenda, seconded by Mr. Neil and
unanimously carried.
Discussion and Update on Customer Service Utility Policies (Allison Haines,
Interim Customer Service Director)
Ms. Allison Haines, Interim Customer Service Director, gave a brief overview of
the current Customer Service Utility Policies.
Committee action was not required.
Responding to Mr. Anderson, Ms. Haines stated that the due dates for the electric
billing are included in the bill. They are due 21 days from the bill date, and a late
penalty would not be accrued until after the 30th day. Ms. Haines explained that an
extension may be requested, however, they are not automatically granted. The
extension policy states that the bill must be paid within seven days of the next
billing statement. For example, if the bill is generated on the first and the due date
is the 21st, the extension would need to be paid by the first of the next month when
the next billing statement is issued so that the customer does not fall behind.
Ms. Haines stated that disconnections are done in order of route and the only reason
they would deviate from the order would be for extensions. Extensions are an
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 14
agreement with the customer giving a guaranteed date that the bill will be paid.
Responding to Mr. Anderson, Ms. Haines stated that past-due notices are included
in the bill after the due date, indicating that any overdue balance is subject to
disconnection. An exception is made for customers who have provided an email
address, as they receive a guaranteed second notice the day after the delinquent
date, reminding them to settle their bill promptly.
When initiating disconnections, the team typically consists of six customer service
representatives on the floor and one supervisor. However, due to ongoing training
in other departments, they may be short-staffed at times. Occasionally, phone calls
are made while reviewing the disconnect list. Ms. Haines explained that they also
consider customers' payment histories—whether they have experienced
disconnections before or if they have been consistently on time with their payments.
For first-time occurrences on the disconnect list, they start by placing a door hanger
as a courtesy reminder. However, if a pattern of delinquency emerges within a short
timeframe, typically within two months, disconnection may follow. On the other
hand, if a customer has maintained a good payment record for an extended period,
they make every effort to provide a door hanger as a final reminder.
Ms. Haines explained that it is important to note that due to operational constraints,
such as limited staffing and the growing demand from the expanding City of Dover,
they do not send out separate second notices by mail. Instead, all relevant
information is included on the bill.
Responding to Mr. Anderson, Ms. Haines stated that a recurring challenge they face
is that many customers ask for an extension when they are on the brink of
disconnection. Unfortunately, this delay in communication often limits the ability
to assist them effectively and resolve the problem before it escalates to a
disconnection. Ms. Haines explained that they strive to assist the customers through
various channels, including assistance brochures which are available on the
website, and handouts that are available in the office. These resources are designed
to help customers navigate potential financial difficulties and explore available
support options. Ms. Haines emphasized that it is crucial for customers to take the
initiative and reach out for assistance when needed. They are encouraged to call the
office and provide the necessary documents to determine eligibility for available
resources. Ms. Haines noted that many individuals successfully access the available
resources daily by taking proactive steps to seek help. Some of the programs
available are Catholic Charities, First State Community Action, NeighborGood
Partners (NCALL), and Holy Cross.
Responding to Mr. Anderson, Ms. Haines stated that to set up automatic payments,
they offer an autopay option accessible through an autopay form. Customers can
fill out the form, provide a voided check, and customer service will automatically
deduct the payment on the bill's due date.
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 15
Ms. Haines stated in cases where customers are enrolled in social programs and can
demonstrate a permanent due date, they can accommodate their unique
circumstances through a billing exception. This exception allows them to adjust
their bill due date to align with the timing of their program funds. This ensures that
their payment is withdrawn consistently each month, synchronizing with the receipt
of their funds.
Responding to Mr. Lewis, Ms. Haines stated that there is no grace period, the bill
is due on the 21st day and the late assessment is applied on the 30th day. Ms. Haines
emphasized that the bill states that any past-due balance is subject to disconnect.
Responding to Mr. Lewis, Ms. Haines stated that the city has a policy in effect for
financial hardship due to a medical condition.
Responding to Mr. Lewis, Ms. Haines stated that with medical exemptions,
documentation must be completed by a doctor and submitted approximately every
120 days for specialized equipment. If customers still have outstanding bills and
end up on the disconnect list, the city is required to issue a door hanger, incurring
a $50 fee, as a reminder to settle their account. Failure to do so will result in the
installation of a load restrictor, limiting electricity usage to only that which is
essential to operate medical devices. Unfortunately, if payment remains
outstanding after 30 days, they are obligated to discontinue their electric services.
Responding to Mr. Lewis, Ms. Haines stated that the door hanger is typically only
issued once. The list is run at the end of the day to be disconnected the next business
day. While assisting customers the customer service staff must utilize several
screens to research if the customer has been disconnected in the past year so it is
likely that a repeat offender would end up on the disconnect list. Ms. Haines
explained that the door hanger is issued again after a two-year grace period. Ms.
Haines also explained that businesses are issued door hangers because they are
trying to operate a business, but they are required to pay within three days.
Responding to Mr. Lewis, Ms. Haines stated that the City of Dover does not have
any low-income home energy assistance programs.
Responding to Mr. Lewis, Ms. Haines stated that citizens who do not have
computer access can visit 5 East Reed Street from 8:00 a.m. until 5:00 p.m. Ms.
Haines explained that they carry all the brochures at customer service.
Mr. Boggerty thanked Ms. Haines for her hard work and emphasized that she has
always extended grace to allow individuals to get help. Mr. Boggerty explained that
several programs can assist citizens in saving money which are funded through
federal funding and grants, however, the citizens must ask for help.
Ms. Patricia Marney, Interim Controller/Treasurer stated that the city currently has
a Memorandum of Understanding established with Health Initiative, Inc., as
previously mentioned. While the city does not allocate specific funding for these
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 16
programs, they have chosen not to venture into social services, recognizing that
there are ample resources already available. However, should exploring such
avenues be of interest, it is certainly something they could consider.
Ms. Marney explained that some time ago, she proposed the implementation of a
Help Dover initiative to a former city manager. The concept involved a nominal
additional charge, for example, 50 cents to a dollar, added to bills, which would
contribute to funding such programs. Regrettably, this proposal was declined.
While there are alternative approaches, they have acknowledged and utilized
existing resources, emphasizing the importance of constituent involvement and
follow-up.
Ms. Ann Smith, 132 Oakmont Drive, Dover, expressed concerns regarding seniors
having to go into customer service to sign documents to defer their payment. Ms.
Smith stated that not all seniors are able to do so, and she recommended gathering
information from the senior citizens on their electric services.
Ms. Haines stated that since COVID-19 if a customer has an email on file customer
service will email out extension requests. Ms. Haines also explained that customer
service tries to keep collection rates down, so those costs are not passed on to the
ratepayers.
Responding to Mr. Rocha, Ms. Marney stated that they have tried to do surveys in
the past, for items like budget billing and preauthorized things, however, they never
received any participation. Ms. Marney stated that they placed inserts in with the
bills to set up a services workshop, they had people sign up, but no one showed up
on the day of.
Responding to Mr. Rocha, Ms. Marney stated that they are limited to what they can
send via email.
Ms. Marney explained that typically they encounter around 800 to 1,500 accounts
per month, which end up on the disconnect list. This number has significantly
decreased since 2017, when it used to be much higher. Before that, although the
policy existed, it was not rigorously enforced. There was a grace period and a
balanced threshold in place. With 26,000 customers, even a modest $100 left unpaid
by each would amount to $2.6 million, burdening other ratepayers.
Upon Ms. Marney’s arrival in the city in 2013, they faced several million dollars in
uncollectible funds annually due to customers leaving without settling their
accounts. However, by diligently enforcing existing policies, they have managed to
reduce this figure to roughly 1% of that amount per year, equating to approximately
$100,000 in write-offs annually. This is a significant improvement from the million
dollars they had to write off initially. While these policies may not be popular, they
have proven to be effective.
Ms. Marney emphasized that she has personal empathy for senior citizens, due to
her father, which compels her to go the extra mile to assist them. She stated there
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have been instances where they have extended beyond their official duties, even
making house calls to accommodate their needs. For instance, she recalled a
situation where someone needed their deposit refund urgently to attend their father's
funeral in Florida. She explained they expedited the process, and she delivered the
refund on her way home from work. Ms. Marney explained that their problem is
that people are not interacting with them.
Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing
no objection the meeting adjourned at 6:38 p.m.
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 Mr. Boggerty and
unanimously carried.
Proposed Ordinance #2024-07 – Amending Chapter 80 – Personnel, Article IV
– Pension Plans and Retirement Benefits (except Police), Division 3 – General
Employee Pension Plan (Councilman Anderson and Councilwoman Dr.
Pillsbury)
Mr. Anderson gave a brief update on the ordinance.
Staff recommended approval of Proposed Ordinance #2024-07 as amended at the
Special General Employee Pension Plan Board Meeting on April 19, 2024.
Mr. Anderson stated that the General Employee Pension Plan Board is waiting for
a legal review after the April 19, 2024, meeting, which is why they do not have any
amendments back from legal counsel. Mr. Anderson explained that it was a very
productive meeting, and one of the recommended changes is to add one member to
the General Employee Pension Board. He explained that this was fair because it
does not give away the city's fiduciary responsibility. The ordinance has been split
into two different ordinances, the first part has moved forward for a first reading,
and it covers the two percent Cost of Living Adjustment (COLA), and the second
part contains policy changes that will move forward after a legal review. Mr.
Anderson also explained that a second phase will consist of the idea of providing
catch-up, which would be a part of the budget process.
Mr. Hare moved to recommend deferring action until the legal review is
complete. The motion was seconded by Mr. Neil and unanimously carried.
By consent agenda, Mr. Neil moved to defer action until the legal review is complete,
seconded by Mr. Anderson and carried out by a unanimous roll call vote.
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 18
Discussion – Information Technology Improvements and Council Support
(Larry Josefowski, Information Technology Director)
Mr. Larry Josefowski, Information Technology Director, reviewed the presentation
titled “Information Technology Update” (Attachment #1).
Committee action was not required.
Mr. Josefowski explained that some of the issues that the city faces are outdated
switches slowing down device performance, Wi-Fi connections that are not
compatible with the demands of everyday use, staffing shortages, and audiovisual
concerns not within their official job duties. Mr. Josefowski stated that they have
collaborated with Kent County to troubleshoot and improve the audiovisual
systems. Mr. Josefowski stated despite their best efforts, limited resources pose
ongoing challenges, particularly concerning after-hours support and project
completion. Without sufficient staffing and budget allocations, sustaining optimal
system performance remains a considerable endeavor. While progress has been
made in enhancing security and addressing technical challenges, ongoing support,
and investment are essential to maintaining and improving the city’s infrastructure
effectively.
Mr. Rocha stated that he appreciates Mr. Josefowski’ s effort and work, however,
some of the functions that are not in his team's job description may need to be
considered down the road. Mr. Rocha stated that they need to figure out a way to
update the system because the cameras work but the audio needs updated. Mr.
Rocha continued to state that he understands that it is not part of their job
description to provide technical support in the chamber and he appreciates their
assistance.
Mr. Anderson stated that council is a critical operation and if they do not do their
job, then everything else grinds to a halt. Therefore, although IT would not be
expected to operate certain parts of the operations, they are expected to support
them. Mr. Anderson recommended having an emergency call number for after-
hours support when there is a system failure. Mr. Anderson expressed appreciation
for Mr. Josefowski bringing forth what technology upgrades are needed, what needs
to be budgeted for those upgrades, and whether there are better software programs
that can be utilized.
Responding to Mr. Anderson, Mr. Josefowski stated that issues with supply chains
have become increasingly better. Delivery times have gone from a year out for
delivery to less than a month.
Responding to Mayor Christiansen, Mr. Josefowski stated that the terms of
employment do say that duties and responsibilities will be as assigned, however, he
believes his team would be in the right to ask for overtime or comp time for that
time. Mr. Josefowski stated that another issue is skillset, his team and himself are
all IT generalists. Mr. Josefowski stated that they are willing to help, however, they
are not specialists. They could go through the training, but they have other training
that he feels is a higher priority for his team in terms of the city’s network.
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 19
Mr. Rocha moved to recess into Executive Session pursuant to 29 Del. C.
§10004(b)(6) - Discussion of the content of documents, excluded from the
definition of “public record” in § 10002(o)(2) of this title where such
discussion may disclose the contents of such documents. The motion was
seconded by Ms. Anderson and unanimously carried.
The Legislative, Finance, and Administration Committee recessed into Executive
Session at 7:05 p.m.
The Executive Session adjourned at 7:29 p.m.
There was no action taken.
Enterprise Fund for BLS Emergency Transportation Costs (David S. Hugg,
III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background for the enterprise
fund for BLS emergency transportation costs.
Staff recommended approval of Proposed Ordinance #2024-12.
Mr. Hare moved to recommend accepting the staff recommendation. The
motion was seconded by Mr. Neil and unanimously carried.
Mr. Anderson moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 7:32 p.m.
Mr. Hare moved for adjournment of the Council Committee of the Whole
meeting, hearing no objection the meeting adjourned at 7:32 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Mr. Anderson, and carried by a unanimous roll call vote.
MONTHLY REPORTS - MARCH 2024
By motion of Mr. Neil, seconded by Mr. Anderson, the following monthly reports
were accepted by consent agenda:
City Council’s Community Enhancement Fund Report
City Manager’s Report
Controller/Treasurer’s Budget Report
Fire Chief’s Report
Police Chief’s Report
APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY CITY COUNCIL
2024/25 CITY COUNCIL ANNUAL STAFF APPOINTMENTS
Interim Chief Building Inspector - Sharon Duca
Assistant City Clerk - Arielle M. Rivera
Assistant Treasurer - Andria L. Bennett
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 20
Assistant Treasurer - Arielle M. Rivera
Fire Marshal - Jason A. Osika
City Solicitor - Nicholas Rodriguez
Deputy City Solicitor - Gary E. Junge
Mr. Lewis moved to defer Item #22 the 2024/25 City Council Annual Staff Appointments
Recommended by City Council letters F. City Solicitor and G. Deputy City Solicitor to the
Regular Council Meeting of June 10, 2024, seconded by Mr. Boggerty. The motion failed by
a roll call vote of five (5) no (Anderson, Boggerty, Pillsbury, Neil, and Hare), two (2) yes
(Rocha and Lewis), and one (1) abstained (Sudler). (Arndt absent)
Mr. Anderson moved to amend the motion to approve the 2024/25 City Council Annual Staff
Appointments Recommended by City Council Appointment #F under Item #22 and defer
Appointments #G under Item #22 to the Regular Council Meeting of June 10, 2024, seconded
by Mr. Boggerty, The motion carried with a roll call vote of six (6) yes (Anderson, Boggerty,
Pillsbury, Neil, Rocha, and Hare), one (1) no (Lewis), and two abstain (Arndt and Sudler).
2024/25 APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY MAYOR
CHRISTIANSEN
By consent agenda, Mr. Neil moved for approval of the following appointments, as
recommended by Mayor Christiansen. The motion was seconded by Mr. Anderson and
carried out by a unanimous roll call vote.
Election Board – Three-Year Term to Expire May 2027
A. First District
B. Second District
Construction and Property Maintenance Code Board of Appeals – One-Year Term to Expire
May 13, 2025
A. Representative of Homeowners
B. Representative of Local Real Estate Industry Association
2024/25 APPOINTMENTS RECOMMENDED BY THE COUNCIL PRESIDENT.
A. City/County Committee (Liaison to Kent County)
B. Council Committee of the Whole Subcommittees (Recommended by the Council
President and Committee Chair)
C. Downtown Dover Partnership Board of Directors
D. Economic Development Committee
E. General Employee Pension Plan Board
F. Kent County Tourism Board of Directors (Voting Liaison)
G. Kent Economic Partnership Board of Directors (Voting Liaison Member)
H. Other Post-Employment Benefits (OPEB) Board
I. Police Pension Plan – Retirement Committee
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 21
Mr. Anderson moved to appoint Councilman Gerald Rocha to the Legislative and Finance
Administration Chairman and moved to defer the remaining 2024/2025 Council President
Annual Appointments to the Regular Council Meeting of June 10, 2024, seconded by Mr.
Sudler, and carried unanimously.
RESOLUTION NO. 2024-07 – AUTHORIZING SIGNATURES FOR BANKING
SERVICES ON BEHALF OF THE CITY OF DOVER, DELAWARE-
CONTROLLER/TREASURER, ASSISTANT/TREASURER, AND ASSISTANT
TREASURERS
By consent agenda, Mr. Neil moved for approval of Resolution No. 2024-07. The motion was
seconded by Mr. Anderson and carried out by a unanimous roll call vote, Council adopted the
following Resolution:
A RESOLUTION AUTHORIZING SIGNATURES FOR BANKING SERVICES
ON BEHALF OF THE CITY OF DOVER, DELAWARE.
WHEREAS, the City of Dover's investment policy includes the investment of funds
up to $100,000 per banking institution, investments in the State of Delaware
Investment Pool, and the purchase and sale of investment grade corporate bonds, and
U.S. Treasury and agency securities; and
WHEREAS, the banking institutions, brokerage firms, trust companies, and other
various financial institutions require an Authorizing Resolution for the opening of
accounts, and for purchasing, selling, transferring, assigning, and handling securities;
WHEREAS, by the Mayor and Council of the City of Dover, that the
Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts
with banking institutions and purchase, sell, transfer, assign, and handle securities, and
that they are authorized to sign all related forms;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of
Dover, that the Controller/Treasurer and Assistant Treasurers are hereby authorized to
open accounts with banking institutions and purchase, sell, transfer, assign, and handle
securities and that they are authorized to sign all related forms;
BE IT FURTHER RESOLVED that the transactions in these accounts be carried out
with any one signature; and
That the following are the office holders authorized for these purposes, until further
notice:
Patricia M. Marney Interim Controller/Treasurer
Melanie S. Patterson Assistant Controller/Treasurer
Andria L. Bennett Assistant Treasurer
Arielle M. Rivera Assistant Treasurer
ADOPTED: May 13, 2024
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 22
SPECIAL ELECTION TO FILL VACANCIES – ROBBINS HOSE COMPANY – FIRE
LINE OFFICERS (TERM TO EXPIRE DECEMBER 10, 2024)
A. Deputy Fire Chief – Brian Bashista
B. First Assistant Fire Chief – Jason Boc
C. Second Assistant Fire Chief – James Iannucci
D. Third Assistant Fire Chief – Brian Cullen
E. Fourth Assistant Fire Chief – Christopher Riale
F. First Fire Line Captain – Drew Kuntzi
G. Second Fire Line Captain – Nicklas Senne
By consent agenda, Mr. Neil moved for acceptance of the Fire Line Officers for the Robbins
Hose Company, as submitted. The motion was seconded by Mr. Anderson and carried by a
unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCE #2024-12 – AMENDING CHAPTER 38 –
EMERGENCIES BY ADDING ARTICLE III – EMERGENCY SERVICES
Mr. Hugg reviewed Proposed Ordinance #2024-12 – Amending Chapter 38 – Emergencies By
Adding Article III – Emergency Services
In accordance with 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 #2024-12 – AMENDING CHAPTER 38 – EMERGENCIES BY
ADDING ARTICLE III – EMERGENCY SERVICES.
FINAL READING - COMMITTEE AMENDMENT #1 - PROPOSED ORDINANCE #2024-
13 – CHAPTER 80 – PERSONNEL, ARTICLE IV – PENSION PLANS AND RETIREMENT
BENEFITS (EXCEPT POLICE), DIVISION 3 – GENERAL EMPLOYEE PENSION PLAN
Mr. Neil moved that the Final Reading of Proposed Ordinance #2024-13 be acknowledged
by title only, seconded by Dr. Pillsbury, and unanimously carried. (The First Reading of the
proposed ordinance was accomplished during the Council Meeting on April 22, 2024.)
By motion of Mr. Neil, seconded by Dr. Pillsbury, Council, by a unanimous roll call vote,
Council adopted Ordinance #2024-13 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Ordinance #2024-13 – Chapter 80 – Personnel, Article IV – Pension Plans and Retirement
Benefits (Except Police), Division 3 – General Employee Pension Plan amended to read as follows:
Section 80-500 – General employee pension plan established; purpose:
(a) Generally. There is hereby established the city general pension plan. The purpose of the plan
is to establish the terms and conditions under which retirement and disability benefits shall be
provided to eligible employees of the city. The benefits under the plan shall be in addition to
amounts received as social security benefits or from any other pension plan.
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(b) For employee exclusively. This plan is created for the exclusive benefit of the employees of the
city and shall be interpreted in a manner consistent with it being an employee’s trust, as defined
in section 401(a) of the Internal Revenue Code (26 USC 401(a)). Therefore, under no
circumstances shall any funds contributed to this plan, or any assets of the plan or trust ever
revert to or be used or enjoyed by the city, nor shall any such funds or assets ever be used other
than for the benefits of the employees of the city and their beneficiaries, prior to the satisfaction
of all liabilities under this plan to the employees.
Section 80-501 – Eligibility of participant.
Each eligible employee not drawing any retirement benefits from the mayor and city council
as of January 1, 1967, shall, upon compliance with the provisions of this division, become a general
employee pension plan participant under this division, commencing on July 1, 1967, or at any
subsequent time immediately upon his employment. Effective September 28, 2009, the general
employee pension plan is closed to new participants.
Section 80-502 – Participation mandatory; exceptions.
The pension plan shall not be construed to give any employee the right to be retained in the
employ of the city. All new employees hired after July 1, 1991, shall be required, as a condition of
employment, to join the general employee pension plan or the deferred compensation plan. All new
employees hired after September 29, 2009 are required to join the money purchase plan (IRC
401(a)), as defined in division 4. All participants of the general employee pension plan as of
September 28, 2009 will remain members of either plan thereafter unless they shall leave the
employment of the city, retire, pass away, or elect to terminate their participation in the general
employee pension plan and become a member of the money purchase plan (IRC 401 (a)), as defined
in division 4.
Section 80-503 – Defraudment.
It shall be unlawful for any person to knowingly make any false statement or falsify, or
permit to be falsified, any record of the pension plan in an attempt to defraud the plan.
Section 80-504 – Normal retirement.
The normal retirement date for each participant shall be the first day of the month following
the attainment of the age of 65 years, provided that he has completed ten years of continuous service.
Section 80-505 – Early retirement.
(a) Reduced benefits. A participant who has completed ten years of continuous service and who has
attained the age of 55 years may retire at any time within the ten years preceding his normal
retirement date; provided, however, that his retirement benefits shall be computed at a reduced
rate of one-half percent for each month computed from the date of early retirement to age 65
years.
(b) Unreduced benefits.
(1) Hired May 1, 1994, or later. For eligible employees hired on or after May 1, 1994, a
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(2) participant who has attained the age of 55 years, and who attained age plus years of
continuous service is equal to or greater than 80, may retire at any time prior to his normal
retirement date with no reduction in retirement benefits.
(3) Hired before May 1, 1994. For eligible employees hired before May 1, 1994, a participant
who has completed 25 years of continuous service or has attained the age of 50 years and
completed 20 years of continuous service may retire at any time prior to his normal
retirement date with no reduction in retirement benefits.
Section 80-506 – Later retirement.
If a participant works beyond his normal retirement date, the payment of the participant’s
retirement benefits shall be deferred until his actual retirement.
Section 80-507 – Forced retirement with pension.
The general employee pension plan board, upon recommendation of the city council or the
city manager, may require retirement in any case where deemed necessary due to the lack of work
or inability of the employee to perform with a satisfactory degree of efficiency, provided that the
employee qualifies for either normal retirement pursuant to section 80-504, or early retirement
pursuant to section 80-505. The employee shall then be entitled to receive, commencing on the first
day of the month coinciding with or next following his date of retirement, pension benefits equal to
the benefits computed in accordance with the provisions of section 80-508 on the basis of the
employee’s service completed prior to actual retirement.
Section 80-508 – Amount of retirement benefits.
Retirement January 1, 1995, or later. The amount of retirement benefits payable to a
participant who retires on or after January 1, 1995, shall be computed on the basis of one-fiftieth of
his average actual monthly earnings multiplied by the total number of years of continuous service.
Average actual monthly earnings shall be a participant’s base pay plus scheduled overtime, payment
for being on call, except those hours reported for being called out, and any retroactive pay
corrections which involve any one of the mentioned payments during any period of 36 consecutive
months in his final ten years of continuous service which results in the highest average monthly
earnings.
If an employee’s approved absence is the result of a workers compensation injury, the base
wages that the employee would have earned had he not been on workers compensation leave will
be included when determining the highest 36 consecutive months within his final ten years of
continuous service.
The value of lost base salary as a result of mandatory furlough shall be added to an
employee’s final average compensation and considered in the calculation of the amount of
retirement benefits if the time period in which the mandatory furlough was required is within the
highest 36 consecutive months or earnings within the final ten years of continuous service.
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Annual Increase. The retirement income of a retired member of this plan shall be increased
by two percent per annum every January 1. This increase in retirement pay shall be cumulative and
the previous year’s increase shall be included in the retired member’s retirement income for the
purpose of calculating the annual two percent increase.
Section 80-509 – Form of benefits.
(a) Normal form. A monthly benefit shall be payable on the first day of the second month preceding
the date on which application for such benefit is filed. Payment will be retroactive to the
retirement date. Payments of benefits shall be payable monthly thereafter during his lifetime
and terminating with the last payment on the first day of the month of the death of the
participant.
(b) Death of participant, etc. Upon the death of a participant who has retired, or who is eligible to
be retired under any of the provisions of this division, payment shall be made to their eligible
survivors in the amount of 50 percent of the monthly payments to which the participant was or
would have been entitled. Upon the death of a participant who has completed a minimum of ten
years of service but is not yet eligible to retire because of age and/or years of service, payment
shall be made to their eligible survivors in the amount of 50 percent of the monthly payment to
which the participant was or would have been entitled. The pension amount will be based upon
section 80-508. There shall be no reduction in benefit. In no instance shall actual monthly
payments be less than $200.00, to be effective July 1, 2000. Upon the death of both the
participant and eligible survivor, if the benefit payments received in aggregate are less than the
member’s contributions, the balance of the member’s contributions, plus five percent interest,
will be paid to the surviving beneficiary designated or his estate if no designation has been made
and submitted to the general employee pension plan board. The amount of benefit payments
received and the amount of the member’s contributions shall be determined from the record of
the pension board.
(c) Eligible survivor.
(1) Spouse. The participant’s spouse who has married to the participant for at least one year.
Surviving spouse shall be required to provide supporting documents of marriage.
(2) Children, unmarried.
a. The surviving children, biologically or legally adopted, of the participant, who
have not attained their 18th birthday.
b. If said child is attending school on a full-time basis and provides proof of
attendance each year of eligibility, with the payment due for the month in
which he ceases to attend school on a full-time basis or with the payment due
for the month in which his 22nd birthday shall occur, whichever shall occur
first.
(d) Commencement of Payment. Benefits payable to eligible survivors shall commence on the first
day of the month following the date of the participant’s death.
(e) Benefits payable. Benefits payable to eligible survivors shall cease:
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(1) Spouse. With respect to an eligible survivor who is a spouse, with the payment due for
the month in which their remarriage or death shall occur, whichever occurs first.
(2) Children. With respect to an eligible survivor who is a child(ren) with the payment due
for the month in which his 18th birthday or death shall occur, whichever shall occur first.
Payments shall be made in accordance with subsections (2)a. and b.
(f) Eligibility for benefits. The eligibility of any person or persons to receive payment of benefits
as an eligible survivor shall be determined conclusively by the general employee pension plan
board based on application of such person or persons and any other information which the
pension board deems to be appropriate.
Section 80-510 – Total and permanent disability.
(a) Definition. As used in this division, a participant shall be deemed to be “totally and permanently
disabled” when the general employee pension plan board, on the basis of a medical
examinations by a physician or physicians selected by the pension board, finds the employee:
(1) Work generally. To be totally and permanently prevented from engaging in any occupation or
employment for remuneration or profit as a result of bodily or mental injury or disease, whether
occupational or nonoccupational in cause; or
(2) Employment. To be totally and permanently prevented from continuing in their capacity as an
employee as a result of bodily or mental injury or disease, whether occupational or
nonoccupational in cause.
(b) Exclusions. Total and permanent disability, within the terms of this division, shall exclude
disability resulting from or consisting of chronic alcoholism, addiction to narcotics, engaging
in a felonious criminal act for which they are found guilty, or a willful effort on their part to
(c) bring about the injury or illness to themselves or any other person or service in the armed forces
of any foreign country.
Section 80-511 – Early retirement due to permanent disability.
Any employee who has completed a minimum of ten consecutive years of service and
sustains an injury or experiences a permanent health impairment to the extent of total and permanent
disability shall be eligible for retirement upon application and certification by the general employee
pension plan board that all of the criteria have been met. The pension amount will be based upon
section 80-508. There shall be no reduction in benefit.
Section 80-512 – Commencement of disability benefits.
(a) Removed from payroll. A participant who files for a disability pension shall not work and be kept
on the active payroll and receive credited service from the inception of the disability to the end
of the first full calendar month following the date of application.
(b) Change in compensation; leave. During the application period above, the participant’s
compensation shall not be increased.
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(c) Commencement of benefits. The eligibility for payment of disability benefits under this division
shall commence, if approved, on the first day of the month following the application period set
forth in subsection (a).
Section 80-513 – Termination of employment.
(a) Forfeiture of participation. Any participant whose employment is terminated prior to the date
he becomes eligible for retirement benefits shall forfeit his status as a participant in the pension
plan and all accumulated credit for continuous service.
(b) Ten years’ service. Any participant with a minimum of ten years of continuous service and
whose employment is terminated prior to the date he becomes eligible for retirement benefits
under sections 80-504-Normal retirement, 80-505-Early retirement, 80-506-Later retirement or
80-510-Early retirement due to permanent disability, upon attaining the age of 65 years, shall
be eligible for pension benefits under the provisions of section 80-508-Amount of retirement
benefits, upon application to the pension board of trustees.
(c) Layoffs. Upon recall, any participant whose employment is terminated due to a layoff and is
recalled within five years of layoff, may apply to the pension board to have their previous
service credits restored immediately. If they have withdrawn their contributions, they must
repay them as calculated by the city’s actuary. A returning employee must make an election to
return previously refunded amounts, plus calculated interest, within 30 days of approval of the
general employee pension plan board. Contributions will be reimbursed based on the gross
amount received. Participants who are laid off and not recalled within five years shall forfeit
their status as a participant in the pension plan and all accumulated credit for continuous service.
(d) Request for refund. When an employee leaves the employment of the city and is entitled to
withdraw his contributions with interest thereon at the rate of five percent per annum,
compounded annually from the last day of the plan year in which such contribution was made
to the earlier of the date of commencement of retirement income or the date on which
contributions are payable pursuant to the provisions of the plan, then he shall submit a written
notarized request for a refund of these contributions before payment shall be made. Refunds
will be issued 90 days from the date when the notarized request is received. Contributions will
automatically be refunded five years from date of separation.
Section 80-514 – Cessation of disability pension benefits.
(a) A participant shall cease to qualify for disability pension benefits:
(1) Recovered. At the time that the general employee pension plan board determines, on the
basis of a medical examination by a physician or physicians selected by the pension plan
board, that a participant is no longer totally and permanently disabled or has sufficiently
recovered, but refuses to resume their regular occupation as an employee or to be
reemployed by the city in some other position for which they are suited or which is
appropriate to their training and experience;
(2) Refuses examination. When the participant refuses to undergo a medical examination
requested by the general employee pension plan board; or
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(3) Age 65 years. On the first day of the month following the participant’s 65th birthday.
(b) Upon the occurrence of the earliest of the above events, disability pension benefits shall cease,
except that, if the even of subsection (a)(3) of this section occurs, payment of the normal
retirement benefits shall commence on that date, in the same amount as the disability pension
benefits.
Section 80-515 – Effect of state workers compensation on disability benefits.
Any disability pension benefits received by a participant under the terms of this division as
the result of an injury or illness compensable under the workers’ compensation laws of the state
shall be reduced by the amount of the workers’ compensation payments actually received by the
participant.
Section 80-516 – Benefits to cease upon reemployment; exceptions.
The Internal Revenue Code has provided guidance that to be considered retired for purposes
of prohibitions against “in-service distributions,” one must have an at least six-month break before
returning to employment with the same employer and that such a return cannot be pre-planned at
the time of retirement. If the individual is under the normal retirement age of 65, the individual will
be subject to an annual earnings limit of $30,000.00.
Any employee of the city who is receiving, or who shall receive, benefits under this division,
and who is thereafter reemployed by the city or appointed to any position by the mayor or council
bearing remuneration, shall cease to draw benefits during the period of reemployment. Upon
termination of the reemployment, the benefits shall be restored. The provisions of this section shall
not apply to any employee who receives remuneration as a result of being elected or appointed to
an elective or appointed office in the city, nor to any employee reemployed by the city in a
casual/seasonal capacity, not to exceed 180 calendar days. Employees would be eligible to return
to casual/seasonal status immediately following retirement.
Casual/seasonal employees may be employed by the city on a temporary basis in order to
provide assistance for the following situations:
(a) Casual assistance. Employee is needed on a sporadic or on-call basis where hours
cannot be predetermined and vary greatly from week to week. Such employees may be
used as needed.
(b) Seasonal assistance. Employee is needed for peak operating seasons.
(c) Project assistance. Employee performs duties related to a specific project that has
defined objectives and an established time period of completion that does not exceed
180 calendar days.
(d) Primary incumbent replacement. Employee is needed to fulfill the job responsibilities
of the primary incumbent who is unable to perform such responsibilities for an extended
period of time. Such employees may be used for a maximum of 180 calendar days or
the length of time the incumbent is unable to perform the job responsibility, whichever
is less.
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(e) Contracting. Any individual participating in the plan who contracts with the city or
represents any private enterprise that has a contract with an employer participating in
the plan must have a six-month separation from their effective date of retirement if the
individual is under 65. The city shall maintain, in a form prescribed by the human
resources director, a certification of the worker’s status. The certification will be used
for a determination of the individual meeting the definition of eligible employees under
this section.
Section 80-517 – Benefit assignment, transfer, etc.
No participant or beneficiary under the plan shall assign, transfer, hypothecate, encumber,
commute, or anticipate any interest he may have in payments, funds, or contracts under this plan.
No interest shall in any way be subject to any legal process, levy of execution, attachment, or
garnishment proceedings for the payment of any claim against the participant or any beneficiary
under the plan, nor shall any such interest be subject to the jurisdiction of any bankruptcy court or
insolvency proceedings.
Section 80-518 – Contributions.
(a) Payroll deductions.
(1) Amount. For each year, while a participant of the plan, a participant shall contribute, by
payroll deductions, an amount equal to 3½ percent of his average actual monthly
earnings as described in section 80-508-Amount of retirement benefits (effective May
1, 1994).
(2) Employer contributions. The city, pursuant to the provisions of section 414(h)(2) of the
United States Internal Revenue Code (26 USC 414(h)(2)), shall pick up and pay the
contributions which would otherwise be payable by the employee under this section.
The contributions so picked up shall be treated as employer contributions for purposes
of determining the amounts of federal income taxes to be withheld from the employee’s
compensation.
(3) Employee contributions picked up by city. Employee contributions picked up by the city
shall be paid from the same source of funds used for the payment of compensation to an
employee. A deduction shall be made from each employee’s compensation equal to the
amount of the employee's compensation picked up by the employer. This deduction,
however, shall not reduce the employee’s compensation for purposes of computing
benefits under the retirement system pursuant to this *division.
(b) City contributions. The city shall make such contributions as necessary to meet the requirements
of the plan. Effective May 1, 1994, the city shall pick up the employee contributions by a
reduction in current earnings. Such picked up contributions shall be treated as employer
contributions in determining tax treatment under the Internal Revenue Code; however, the
contributions so picked up shall be included in earnings for purposes of the plan. Participant
contributions which are picked up shall be treated, for all purposes of this plan, in the same
manner as participant contributions made prior to May 1, 1994.
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(c) Other contributions. The general employee pension plan board shall receive all appropriations,
contributions and interest allowances as may be received from time to time by the city from the
state or any other source, and designated specifically for employee pensions.
(d) Withdrawal from plan. A member who withdraws from the general employee pension plan for
any reason, other than retirement, death or disability, may request their accumulated
contributions, plus five percent interest, be paid to them after such date of withdrawal; provided,
however, their contributions shall not be refunded to them earlier than 90 days after receipt of
their notarized application for the same.
(e) Death of ineligible member. Upon the death of a member not eligible to retire under any
provision of this division, their employee contributions shall be payable in a single sum to their
designated beneficiary or their estate if no designation has been made.
Section 80-519 – City paramedics transferred to county.
Notwithstanding any other provision of this division, all persons employed by the city as
paramedics, who are transferred to the county emergency medical services department and who
make a written election to remain in the city general employee pension plan, shall continue to be
considered eligible employees within the meaning of the pension plan as long as they are employed
by the county emergency medical services department. All benefits for any such paramedic shall
be calculated as if the paramedic had remained a city employee during his employment with the
county emergency medical services department.
Section 80-520 – General employee pension plan board; established; duties.
There is hereby established a general employee pension plan board, the duties of which shall
be to manage the general employee pension plan.
Section 80-521 – Composition.
The general employee pension plan board shall consist of the following persons:
(1) Manager. The city manager.
(2) City officials. Two elected city officials who shall be appointed by the council president,
subject to confirmation of a voting majority of the city council at its annual meeting.
(3) Participants. Three participants or retired participants of the plan who shall be elected
by the participants and retired participants of the plan.
(4) Controller/treasurer. The city controller/treasurer.
(5) Election.
(a) Such election shall be for three-year staggered terms, beginning July 1 and ending
June 30 three years later. A regular election for filling these positions will be held
the third week of June each year.
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 31
(b) In the first week of April of each year, the city clerk shall notify those eligible to
vote of the exact time and place of the election. Any general employee pension
plan member that is eligible to vote and appears on the listing of qualified voters
who will be unable to appear at the polling place on the date and time of the
election may cast his or her vote by absentee ballot in the general employee
pension plan election for the following reasons: 1) armed forces, 2) public service,
3) occupation, 4) sickness, 5) disability, 6) religion, 7) vacation, or 8) residency
outside of the Dover area which makes it infeasible to vote in person.
Section 80-522 – Term of office of members.
The term of office of each member of the general employee pension plan board, except the
city controller/treasurer, city manager, and elected city officials, shall commence on the first day of
the month following their election and continue for a period of three years or until their successor
shall be elected and qualified.
Section 80-523 – Officers and ex officio members.
The general employee pension plan board shall elect a chairperson. The city
controller/treasurer shall be the pension fund treasurer and their bond shall cover all monies
deposited with them.
Section 80-524 – Vacancies.
If a vacancy occurs in the offices of the general employee pension plan board, the vacancy
shall be filled for the unexpired term within 60 days and in the same manner as the office was
originally filled. Should a member of the pension plan board cease to be in the employ of the city,
other than by retiring in accordance with this division, their office as a member of the board shall
be declared vacant.
Section 80-525 – Compensation of members.
Members of the general employee pension plan board shall service without compensation.
Section 80-526 – Meetings.
The general employee pension plan board shall make all rules as to the time and place of
meetings; and a majority of its membership shall be required to transact pension board business.
Section 80-527 – Powers.
The general employee pension plan board, in administering the pension plan, shall have the
following powers in carrying out the purposes thereof:
(1) Payment of funds. To pay funds to those entitled to receive them. The
controller/treasurer shall sign all vouchers for the disbursements of the funds and
shall report to the general employee pension board all financial transactions on an
annual basis;
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ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 32
(2) Purchase annuity contracts. To purchase and pay the costs of group annuity
contracts for any insurance company for the benefit of participants;
(3) Employment of agents, employees, etc. To employ agents, employees, or experts to
assist the pension board in carrying out the provisions of this division, including an
agent to advise and make recommendations concerning the investment of funds, and
to pay reasonable compensation for those services, and the compensation may be
paid from income or corpus of the pension fund or by direct appropriation by the
city council as the pension board and the city council may determine;
(4) Investments. To invest and reinvest money in the pension fund, without any
limitation, in United States or state municipal bonds or group annuity contracts.
Money in the pension fund may also be invested and reinvested in other types of
bonds, stocks, and securities to the extent the pension board may deem best and as
is not prohibited by any law now or hereafter in force limiting the investments of
the trustees. The pension board may from time to time change the investments of
the fund and, to this end, may make sales of any investment privately, without
advertisement and without the necessity of any court order, upon the terms that the
pension board deems proper. The funds and investments may also be from time to
time turned over to and placed in the custody of any fiscal agent designated by the
pension board;
(5) Contracts. To generally contract in matters relevant to effectuating and achieving
the purposes of this plan;
(6) Pension benefits. To receive and pay out pension benefits in accordance with the
provisions of this division, or designate a fiscal agent to receive and pay out the
pension benefits;
(7) Rules and regulations. To make rules and regulations as may be necessary to
effectuate this subdivision.
Section 80-528 – City solicitor to render legal services.
The city solicitor shall render whatever legal service the general employee pension plan
board shall require.
Section 80-529 – Appeals.
Any employee dissatisfied with the action of the general employee pension plan board shall
have the right to appeal to the city council within 30 days from the date of formal notification of
that action.
ADOPTED: May 13, 2024
CITY MANAGER'S ANNOUNCEMENTS
Mr. Hugg announced that the Downtown Partnership in collaboration with the Kent County MPO is
holding a series of design charettes, looking at pathways and some related issues downtown. This
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 33
will be held on Monday, May 13 through May 15 at the Hive on Loockerman Street. Mr. Hugg
further stated that there is a public open house event on Monday, May 13 at 5:00 p.m. and
Wednesday, May 15 at noon.
MAYOR'S ANNOUNCEMENTS
Mayor Christiansen had no announcements.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Hare wanted to congratulate Mr. Anderson and believes he will do well.
Mr. Sudler stated that on May 20th at 5:30 p.m., a collaboration between himself, Third (3rd)
District Levy Court Commissioner Allen Angel, and 18th District State Representative Sophie
Phillips will take place at King County Levy Court Chambers. This collaboration will focus on
HB 55 Substitution number two (2), highlighting where the homeless can sleep in their cars or
tents when confronted by business and property owners who object to them doing so on their
property. The objective is to foster a collaboration and mutual fairness practice among local,
county, and state municipalities in addressing social and environmental concerns, particularly
centered on homeless individuals sleeping arrangements.
Mr. Neil stated that he will be at the new EV changers being unveiled behind City Hall at 9:30
a.m.
Mr. Anderson stated that May 27th is Memorial Day, and there will be an important event at 11:00
a.m. at the Triangle. He would like to encourage members of the public and council that are
available to attend. He explained that this is an important national holiday where they recognize
those who have fallen defending our freedom and the American way of life. Mr. Anderson stated
that in honor of that holiday, the council meeting would be canceled that day. There will be budget
meetings the following Tuesday and Wednesday. He wanted to thank the members of the public
who came out to the Fourth District Town Hall. There were over 40 people that attended and he
appreciated them and their efforts. Mr. Anderson appreciated the members for voicing their
opinions and for giving important information. He explained that there will be several activities
happening in the summer. He will be working with Hope Zone, as they have scheduled several
events. Mr. Anderson stated that they are working on positive opportunities and supporting
enforcement to make the city a safe and better place. Mr. Sudler has helped make a great
foundation of transformational leadership that they will continue to build upon. Mr. Anderson
wanted to thank Mr. Hare for his dedication to the city and said that he did a tremendous job this
year. He thanked everyone for the opportunity, emphasizing the crucial role their position plays in
the city, requiring all levels of government to respond to issues of safety and economic prosperity.
Mr. Boggerty stated that on June 29th Unity Day will be held, focusing on anti-bullying initiatives.
He expressed gratitude to the City Clerk's office for their assistance in planning, including
coordinating with vendors and partnerships with Pen Hill and other corporate sponsors who have
agreed to support the event. He announced that on Saturday, May 18th, from 1:30 to 3:30 p.m., at
First Baptist Church, Marian Harris of the House of Pride will be honored.
Meeting adjourned at 8:15 p.m.
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Item #6.
ANNUAL CITY COUNCIL MEETING OF MAY 13, 2024 PAGE 34
ANDRIA L. BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their
Annual Meeting of May 13, 2023, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
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Item #7.
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on May 14, 2024, at 6:10 p.m. with Council President
Anderson presiding. Members of Council present were Mr. Boggerty, Mr. Hare, Mr. Lewis,
Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler. Ms. Arndt was absent. Mayor Christiansen
was also absent. Civilian members present for their Committee meetings were Mr. Iriowen, and
Mr. Pugh (Utility), Mr. Shevock (via WebEx), and Ms. Smith (Legislative, Finance, and
Administration).
ADOPTION OF AGENDA
Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously
carried.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
Proposed Ordinance #2024-20 – Amending Chapter 110 – Utilities, Article V – Stormwater
(Mark Nowak, Public Works Director)
Mr. David S. Hugg, III, City Manager, reviewed the background for Ordinance #2024-20,
Ordinance #2024-21, and the Stormwater Utility Credits, Grants, and Appeals Manual.
Staff recommended approval of proposed Ordinance #2024-20.
Mr. Sudler moved to recommend approval of Ordinance #2024-20. The motion was
seconded by Mr. Hare and unanimously carried.
Responding to Mr. Neil, Mr. Hugg stated that the Stormwater Utility qualifies as an Enterprise
Fund because the city provides a service, expecting consumers to pay a fee for said service, thereby
meeting the criteria for an Enterprise Fund.
Responding to Mr. Anderson, Mr. Hugg explained that the current stormwater program is included
in the general fund budget and is funded by taxes. He highlighted that implementing a tax increase
for Tier One, primarily residential areas, to adequately fund the stormwater program would result
in an increase of approximately $245 per year for taxpayers, compared to $72 per year under the
proposed program. When enacting the tax increase on commercial operations, the taxes would
exceed $1,000, as opposed to $698 under the suggested plan. Mr. Hugg clarified that opting for
the proposed program would entail lower costs for consumers compared to funding through taxes.
Ms. Anne Smith, 132 Oakmont Drive, Dover, questioned if the program would help protect
residents from plastic pollution.
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COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 14, 2024 PAGE 2
Item #7.
Responding to Ms. Smith, Mr. Nowak stated that the proposed fund would help with anything
carried through the stormwater system. Mr. Nowak explained that the water that falls from the sky
goes into the system coming out cleaner than it went in. Mr. Nowak explained that the fund enables
them to enhance their efforts in maintaining the cleanliness of ditches and storm catch basins,
conducting street sweeping, and preserving the condition of the pipes.
Proposed Ordinance #2024-21 – Amending Chapter 98 – Streets, Sidewalks, Storm Sewers,
and Other Public Places, Article IX – Street Sweeping, and Article X – Leaf Collection
Services (Mark Nowak, Public Works Director)
Mr. David S. Hugg, III, City Manager, reviewed the background for Ordinance #2024-20, and
Ordinance #2024-21.
Staff recommended approval of proposed Ordinance #2024-21.
Mr. Hare moved to accept the staff recommendation. The motion was seconded by Mr. Neil
and unanimously carried.
Responding to Mr. Lewis, Mr. Nowak stated that in regard to street sweeping, they are back up
and running at full capacity, however, they only have two street sweepers.
Responding to Mr. Lewis, Mr. Nowak stated that they are required to meet or exceed the National
Pollutant Discharge Elimination System (NPDES) permits, which require the city to be swept four
times a year. Mr. Nowak stated that they are currently sweeping every day and night.
Stormwater Utility Credits, Grants, and Appeals Manual – Updated May 2024 (Mark
Nowak, Public Works Director)
Mr. Mark Nowak, Public Works Director, reviewed the background regarding the Stormwater
Utility Credits, Grants, and Appeals Manual.
Staff recommended approving as recommended.
Mr. Hare moved to accept the staff recommendation. The motion was seconded by Mr. Neil
and unanimously carried.
Responding to Mr. Pugh, Mr. Nowak stated that the way that it is currently written, an appeal
would need to be submitted to the City Clerk’s office and then it would be scheduled to appear on
the next available Legislative, Finance, and Administration Committee agenda.
Responding to Mr. Sudler, Mr. Nowak stated that the appeals procedure states that the appeal
would be placed on the next Council Committee of the Whole meeting.
Mr. Anderson suggested adding a 30-day timeframe to the appeals process. Mr. Anderson stated
that there could be instances where an agenda is very full and adding the appeal may not be
compatible with that meeting.
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COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 14, 2024 PAGE 3
Item #7.
Responding to Mr. Anderson, Mr. Nowak stated that the Public Works Director has 30 days to
reach their decision and it states that the appeal would be added to the next available meeting. If
the agenda is full, it could be added to the following meeting.
Mr. Rocha moved for adjournment of the Utility Committee meeting, hearing no objection
the meeting adjourned at 6:30 p.m.
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 Mr. Rocha and unanimously
carried.
Discussion – Celebrating 250 Years of America’s Independence (Councilman Anderson)
Mr. Anderson stated that the topic of July 4, 2026, was first discussed a few years prior, is getting
closer, and is a great opportunity for the city.
Committee action not required.
Ms. Margaret Hughes, 250th Coordinator for the State of Delaware, 121 Martin Luther King Blvd,
Dover, stated that she is based out of the Delaware Public Archives building and appreciated the
opportunity to talk about the upcoming anniversary. Ms. Hughes explained that since being
brought on, the conversation has focused on the efforts to raise awareness and build momentum
for Delaware's upcoming anniversary, marking both the signing of the Declaration of
Independence and the state's statehood, highlighted annually by Separation Day. Delaware 250,
the official initiative, operates under the Delaware Heritage Commission, with a steering
committee representing various sectors across the state. The goal is to coordinate efforts, ensuring
that all sectors are aware of and engaged in the upcoming anniversary. The initiative aims to avoid
last-minute planning by coordinating statewide conversations, developing a website as a central
hub for planning efforts, and implementing strategic marketing campaigns to amplify voices and
avoid duplicating efforts. Ms. Hughes also explained that Delaware 250 is helping support
fundraising by getting grant programs into museums and nonprofits. The first cycle is coming to a
close and the awardees should be announced soon.
Responding to Mr. Anderson, Ms. Hughes stated that there are 30 committee members, and several
are Dover representatives, however, she is unsure exactly how many are there on behalf of Dover.
Ms. Andrea Maucher, President of the 4th of July Celebration Committee, and Carolyn Courtney,
a member of the 4th of July Celebration Committee, thanked council for the opportunity to meet
Ms. Hughes and connect with her. Ms. Maucher explained that the 4th of July Committee is very
small, and they invited additional participation from both council and the general public.
Ms. Maucher emphasized that funding has been the biggest hurdle for the committee and expressed
her interest in learning about the available grants. She also explained that they have learned that
with the expansion of Legislative Hall and the parking garage area, they may not have a location
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COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 14, 2024 PAGE 4
Item #7.
to set off fireworks. She explained that they have started to explore the possibility of setting them
off at Schutte Park because that area is available, but the topic has not been a primary focus yet.
Ms. Maucher continued to explain that the 4th of July events are primarily funded through
donations from businesses and organizations such as the City of Dover, and the Parks and
Recreation Department. Ms. Maucher recognized the American Legion, the Walter Fox Pavilion,
which organizes the parade, and the Dover Downtown Rotary Club, which organizes all the
vendors as their annual fundraiser.
Mr. Anderson expressed appreciation for the 4th of July Committee and their hard work.
Mr. Rocha suggested that he may be able to connect Ms. Maucher with the Dover Lions Club to
assist her in gathering volunteers.
Pete Bradley, President of Kent County Tourism, 435 N Dupont Highway, Dover, explained that
Ms. Hughes made a great presentation to the Kent County Tourism Board and that they are
committed to collaborating with her and supporting the Delaware 250 celebration. He stated that
Ms. Hughes mentioned Dover Days, which Kent County Tourism is heavily involved with, and
they believe it is the perfect opportunity to incorporate the 250th anniversary. Mr. Bradley
explained that they are open to any thoughts and ideas and will work with Ms. Hughes's team to
promote the event.
Proposed Ordinance #2024-14 – Amending Chapter 1 – General Provisions, Sec. 1-17. –
General penalty; separate offenses; unpaid fines (Eddie Kopp, Chief Code Enforcement
Officer)
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed the background regarding the
proposed ordinance #2024-14 changes.
Staff recommended approval of the text amendments in proposed Ordinance #2024-14.
Responding to Mr. Sudler, Mr. Kopp noted that the changes were made based on council feedback
as well as constituent concerns. Mr. Kopp explained that along with the Fire Marshal, they made
changes to create transparency and provide a fee structure to assist constituents with their
responsibilities if they do not correct violations.
Responding to Mr. Anderson, Mr. Kopp explained that one of the most noticeable changes they
made was the removal of all fees doubling.
Responding to Mr. Boggerty, Mr. Kopp elaborated that a second change that was made was that if
a fee or fine is issued, it is now due within 30 days instead of the previous 14 days. Mr. Kopp
explained that currently any citation issued is due within two weeks and with the new proposal
any citation issued from planning and inspections will be due within 30 days. He also emphasized
that the fee scale was edited to remove a minimum of $50 up to $1,000 dollars. Both the Code
Enforcement and the Fire Marshal ordinances now have flat fees and none of the fees double.
Responding to Mr. Sudler, Mr. Kopp clarified that the removal of doubling was in reference to
citations. He explained that there is another doubling within the ordinance that refers to permits.
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COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 14, 2024 PAGE 5
Item #7.
For example, if someone is caught working on a property without a permit, the permit fee
automatically doubles.
Mr. Sudler questioned whether in the future there is a way to incorporate into the ordinance
penalties for contractors who are taking advantage of the constituents. Mr. Sudler explained that
there are people who are unable to do the work themselves, so they use their savings to get the
work done, and the contractors take advantage of them.
Responding to Mr. Sudler, Mr. Kopp explained that the public can call in and ask if a contractor
has a license, or if the contractor has a permit to do work on their property. He further explained
that it is often written into the contract that the contractor will obtain the permit, so the homeowner
can call the licensing staff and verify that they have a permit to work on the property. Mr. Kopp
stated that if they do not have a permit, the staff will let them know, and they will go out and
address it.
Mr. Rocha recommended creating a flyer that outlines what constituents should be thinking about
when planning to hire a contractor and includes the number for the licensing office.
Mr. Kopp clarified that not all roof work requires a permit; it depends on the type of work being
done. He explained that there is a pamphlet on the City of Dover website, under code enforcement
titled “Permits Are Needed For” which outlines exactly when a permit is needed.
Mr. Hare moved to accept Proposed Ordinance #2024-14. The motion was seconded by Mr.
Sudler and unanimously carried.
Proposed Ordinance #2024-15 – Amending Chapter 22 – Buildings and Building Regulations
(Eddie Kopp, Chief Code Enforcement Officer)
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed the background regarding the
proposed ordinance #2024-15 changes.
Staff recommended approval of the text amendments in proposed Ordinance #2024-15.
Mr. Hare moved to accept Proposed Ordinance #2024-15. The motion was seconded by Mr.
Sudler and unanimously carried.
Proposed Ordinance #2024-16 – Amending Chapter 46 – Fire Prevention and Protection
(Eddie Kopp, Chief Code Enforcement Officer)
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed the background regarding the
proposed ordinance #2024-16 changes.
Staff recommended approval of the text amendments in proposed Ordinance #2024-16.
Mr. Hare moved to accept Proposed Ordinance #2024-16. The motion was seconded by Mr.
Sudler and unanimously carried.
Proposed Ordinance #2024-17 – Amending Chapter 90 – Solid Waste, Sec. 90-16. –
Violations; penalties (Eddie Kopp, Chief Code Enforcement Officer)
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COUNCIL COMMITTEE OF THE WHOLE MEETING MAY 14, 2024 PAGE 6
Item #7.
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed the background regarding the
proposed ordinance #2024-17 changes.
Staff recommended approval of the text amendments in proposed Ordinance #2024-17.
Mr. Hare moved to accept Proposed Ordinance #2024-17. The motion was seconded by Mr.
Sudler and unanimously carried.
Proposed Ordinance #2024-18 – Amending Chapter 114 – Vegetation, Article II – Weeds.
Sec. 114-34. – Fines (Eddie Kopp, Chief Code Enforcement Officer)
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed the background regarding the
proposed ordinance #2024-18 changes.
Staff recommended approval of the text amendments in proposed Ordinance #2024-18.
Mr. Hare moved to accept Proposed Ordinance #2024-18. The motion was seconded by Mr.
Sudler and unanimously carried.
Proposed Ordinance #2024-19 – Amending Appendix F – Fees and Fines (Eddie Kopp, Chief
Code Enforcement Officer)
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed the background regarding the
proposed ordinance #2024-19 changes.
Staff recommended approval of the text amendments in proposed Ordinance #2024-19.
Mr. Hare moved to accept Proposed Ordinance #2024-19. The motion was seconded by Mr.
Sudler and unanimously carried.
Mr. Anderson moved for adjournment of the Legislative, Finance, and Administration
Committee meeting, hearing no objection the meeting adjourned at 6:57 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting,
hearing no objection the meeting adjourned at 6:57 p.m.
David L. Anderson
Council President
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Item #18.
COMMUNITY ENHANCEMENT FUND
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Item #18.
CITY COUNCIL COMMUNITY ENHANCEMENT FUND
JULY 1, 2023 - JUNE 30, 2024
100-10-12-99-000-53037
Current
Balance- $ 10,200.00
BUDGETED COMMUNITY ENHANCEMENT FUND - $2,500 FOR EACH COUNCIL MEMBER PER DISTRICT AND $5,000 FOR THE AT-LARGE COUNCIL MEMBER.
$ 25,000.00
AMOUNT THE PURPOSE OF THE FUND IS TO ALLOW MEMBERS TO CONTRIBUTE FUNDS TO A SMALL PROJECT OR COMMUNITY NEEDS IN EACH DISTRICT.
FINAL BUDGET TOTAL $ 25,000.00
COUNCIL TOTAL YEAR TO
DATE VENDOR DESCRIPTION P.O. #/INVOICE # BALANCE
SPONSOR CHARGES DATE
Councilman Anderson authorized the designation of $500.00 of his
Women and Children Email from David Anderson dated 05/24/2023 and
community enhancement funds to the Women and Children
7/10/2023 Anderson Transformation Ministry Email & Letter from William Snorton, Jr. received $500.00 $500.00 $24,500.00
Transformation Ministry International, Inc. for their Boys to Men
International, Inc. 05/23/2023
Development Program for Gas cards.
Councilman Anderson authorized the designation of $300.00 of his
Email from David Anderson dated 07/12/2023 and
7/12/2023 Anderson The 302 Movement community enhancement funds to The 302 Movement for the backpack $300.00 $800.00 $24,200.00
email from Tracey Weems dated 07/11/2023
program.
Councilman Boggerty authorized the designation of $200.00 of his Email from Andre Boggerty dated 07/17/2023 and
7/17/2023 Boggerty I Am Me, Inc. $200.00 $1,000.00 $24,000.00
community enhancement funds to I Am Me, Inc. for their ME Festival. email from Peirrce McCoy dated 07/17/2023
Council President Hare authorized the designation of $200.00 of his Email from Bill Hare dated 07/17/2023 and email
7/17/2023 Hare I Am Me, Inc. $200.00 $1,200.00 $23,800.00
community enhancement funds to I Am Me, Inc. for their ME Festival. from Peirrce McCoy dated 07/17/2023
7/18/2023 Jenmor Florist Void Void Void -$50.00 $1,150.00 $23,850.00
Councilman Lewis authorized the designation of $300.00 of his Email from Brian Lewis dated 07/25/2023 and email
7/25/2023 Lewis I Am Me, Inc. $300.00 $1,450.00 $23,550.00
community enhancement funds to I Am Me, Inc. for their ME Festival. from Peirrce McCoy dated 07/17/2023
Councilman Anderson authorized the designation of $200.00 of his Email from David Anderson dated 07/25/2023 and
7/25/2023 Anderson United Way $200.00 $1,650.00 $23,350.00
community enhancement funds to United Way for their "Book Bash." email from Kenyatta Livingston dated 07/25/2023
Councilwoman Pillsbury authorized the designation of $250.00 of her Email from Julia Pillsbury dated 07/25/2023 and
7/25/2023 Pillsbury United Way $250.00 $1,900.00 $23,100.00
community enhancement funds to United Way for their "Book Bash" email from Kenyatta Livingston dated 07/25/2023
Councilman Neil authorized the designation of $100.00 of his community Email from Fred Neil dated 07/25/2023 and email
7/25/2023 Neil United Way $100.00 $2,000.00 $23,000.00
enhancement funds to United Way for their "Book Bash" from Kenyatta Livingston dated 07/25/2023
Councilman Boggerty authorized the designation of $1,000.00 of his
The Inner City Cultural Email from Andre Boggerty dated 07/31/2023 and
7/31/2023 Boggerty community enhancement funds to The Inner City Cultural League for the $1,000.00 $3,000.00 $22,000.00
League email from Reuben Salters dated 07/25/2023
reasons stated in the email.
Councilman Anderson authorized the designation of $250.00 of his Email from David Anderson dated 08/04/2023 and
8/4/2023 Anderson Yeshua Lighthouse community enhancement funds to The Yeshua Lighthouse for bookbags Email & Letter from Liana Pritchett received $250.00 $3,250.00 $21,750.00
for their community day 08/01/2023
Councilman Rocha authorized the designation of $200.00 of his Email from Gerald Rocha dated 08/07/2023 and
8/7/2023 Rocha United Way $200.00 $3,450.00 $21,550.00
community enhancement funds to United Way for their "Book Bash" email from Kenyatta Livingston dated 07/25/2023
Councilman Neil authorized the designation of $100.00 of his community
Hispanic Organization of Email from Fred Neil dated 08/12/2023 and email
8/14/2023 Neil enhancement funds to the Hispanic Organization of Latin Americans $100.00 $3,550.00 $21,450.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 08/11/2023
(HOLA) for their Baila Con Dover Festival.
Councilperson Arndt authorized the designation of $200.00 of her
Hispanic Organization of Email from Tricia Arndt dated 08/14/2023 and email
8/14/2023 Arndt community enhancement funds to the Hispanic Organization of Latin $200.00 $3,750.00 $21,250.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 08/11/2023
Americans (HOLA) for their Baila Con Dover Festival.
Councilman Anderson authorized the designation of $250.00 of his Email from David Anderson dated 08/14/2023 and
Hispanic Organization of
8/14/2023 Anderson community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $4,000.00 $21,000.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Councilman Boggerty authorized the designation of $250.00 of his Email from Andre Boggerty dated 08/14/2023 and
Hispanic Organization of
8/14/2023 Boggerty community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $4,250.00 $20,750.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Page 72
Page 73
Item #18.
Councilman Lewis authorized the designation of $300.00 of his
Hispanic Organization of Email from Brian Lewis dated 08/14/2023 and email
8/14/2023 Lewis community enhancement funds to the Hispanic Organization of Latin $300.00 $4,550.00 $20,450.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 08/11/2023
Americans (HOLA) for their Baila Con Dover Festival.
Councilman Rocha authorized the designation of $200.00 of his Email from Gerald Rocha dated 08/18/2023 and
Hispanic Organization of
8/18/2023 Rocha community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $200.00 $4,750.00 $20,250.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Councilman Lewis authorized the designation of $150.00 of his Email from Brian Lewis dated and Letter from Dr.
8/18/2023 Lewis DEMCO $150.00 $4,900.00 $20,100.00
community enhancement funds to DEMCO for their Book Bag giveaway. Linda Hackett dated 08/17/2023
Councilwoman Pillsbury authorized the designation of $250.00 of her Email from Julia Pillsbury dated 08/21/2023 and
Hispanic Organization of
8/21/2023 Pillsbury community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $5,150.00 $19,850.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Interdenomonational Councilman Boggerty authorized the designation of $300.00 of his Email from Andre Boggerty dated 08/25/2023 and
8/28/2023 Boggerty Ministerial Alliance of Dover community enhancement funds to the Annual Community Unity Family email from Bishop W. James Thomas, II dated $300.00 $5,450.00 $19,550.00
and Visinity (IMA) Day 08/22/2023
Councilman Boggerty authorized the designation of $1,000.00 of his
Email from Andre Boggerty dated 10/2/2023 and a
10/2/2023 Boggerty Parks & Recreation community enhancement funds to the Parks and Recreation Department $1,000.00 $6,450.00 $18,550.00
memo from Robin Eaton dated 09/26/2023
for the 50 Years of Hip Hop Event.
Councilman Rocha authorized the designation of $500.00 of his
Email from Gerald Rocha, Sr. dated 10/2/2023 and
10/2/2023 Rocha Parks & Recreation community enhancement funds to the Parks and Recreation Department $500.00 $6,950.00 $18,050.00
a memo from Robin Eaton dated 09/26/2023
for the 50 Years of Hip Hop Event.
Email from Julia Pillsbury dated 10/05/23 and an
Councilwoman Pillsbury authorized the designation of $250.00 of her
10/5/2023 Pillsbury Dover Police Department email from CPL Killen, City of Dover PD, dated $250.00 $7,200.00 $17,800.00
community enhancement funds to the Hometown Holiday Event
10/05/23
Council President Hare authorized the designation of $600.00 of his Email from Bill Hare dated 10/05/23 and an email
10/5/2023 Hare Dover Police Department $600.00 $7,800.00 $17,200.00
community enhancement funds to the Hometown Holiday Event from CPL Killen, City of Dover PD, dated 10/05/23
Email from David Anderson dated 10/06/23 and an
Councilman Anderson authorized the designation of $550.00 of his
10/6/2023 Anderson Dover Police Department email from CPL Killen, City of Dover PD, dated $550.00 $8,350.00 $16,650.00
community enhancement funds to the Hometown Holiday Event
10/05/23
Email from Andre Boggerty dated 10/14/23 and an
Councilman Boggerty authorized the designation of $200.00 of his
10/16/2023 Boggerty Dover Police Department email from CPL Killen, City of Dover PD, dated $200.00 $8,550.00 $16,450.00
community enhancement funds to the Hometown Holiday Event
10/05/23
Councilman Neil authorized the designation of $500.00 of his community Email from Fred Neil dated 11/06/23 and an email
11/6/2023 Neil Dover Police Department $500.00 $9,050.00 $15,950.00
enhancement funds to the Hometown Holiday Event from CPL Killen, City of Dover PD, dated 10/05/23
Councilman Lewis authorized the designation of $150.00 of his Email from Brian Lewis dated 11/14/23 and a flyer
11/14/2023 Lewis Tracy Palmer Ministries $150.00 $9,200.00 $15,800.00
community enhancement funds to the Community Thanksgiving Dinner from the Tracy Palmer Ministries
Councilman Rocha authorized the designation of $200.00 of of his Email from Gerald Rocha, Sr. dated 11/27/2023
11/27/2023 Rocha United Way of Delaware community enhancement fund to United Way of Delaware Wonderland and email from Kenyatta Livingston dated $200.00 $9,400.00 $15,600.00
Coat and Toy Drive 11/27/2023
Councilman Anderson authorized the designation of $100.00 of of his
Email from David Anderson dated 11/27/2023 and
11/27/2023 Anderson United Way of Delaware community enhancement fund to United Way of Delaware Wonderland $100.00 $9,500.00 $15,500.00
email from Kenyatta Livingston dated 11/27/2023
Coat and Toy Drive
Central Delaware Habitat for Councilwoman Arndt authorized the designation of $250.00 of her Email from Tricia Arndt dated 12/13/2023 and email
12/13/2023 Arndt $250.00 $9,750.00 $15,250.00
Humanity community enhancement fund to Central Delaware Habitat for Humanity from Timothy M. Bailey dated 12/12/2023
Councilwoman Arndt authorized the designation of $250.00 of her Email from Tricia Arndt dated 12/13/2023 and letter
12/13/2023 Arndt People's Place $250.00 $10,000.00 $15,000.00
community enhancement fund to People's Place from Mamie Charest dated 12/11/2023
I Am My Sisters Keeper Councilman Boggerty authorized the designation of $750.00 of his Email from Andre Boggerty dated 01/11/2024 and
1/11/2024 Boggerty $750.00 $10,750.00 $14,250.00
(MSK) community enhancement funds to I Am My Sister's Keeper (MSK-Dover) an email from Marcille "Dee" Sewell, dated 1/11/24
Councilman Lewis authorized the designation of $200.00 of his
Email from Brian Lewis dated 02/14/24 and flyers
2/14/2024 Lewis Tracy Palmer Ministries community enhancement funds to the Easter Eggstravaganza at the $200.00 $10,950.00 $14,050.00
from the Tracy Palmer Ministries
Elizabeth W. Murphey School
Councilman Rocha authorized the designation of $300.00 of his Email from Gerald Rocha, Sr. dated 02/21/24 and a
2/21/2024 Rocha Tracy Palmer Ministries community enhancement funds to the Easter Eggstravaganza at the letter from the Tracy Palmer Ministries dated $300.00 $11,250.00 $13,750.00
Elizabeth W. Murphey School 02/18/24
Council President Hare authorized the designation of $250.00 of his Email from Bill Hare dated 02/24/24 and an email &
2/26/2024 Hare Zeta Rho Lambda $250.00 $11,500.00 $13,500.00
community enhancement funds to the Zeta Rho Lambda Chapter 5K letter from Dana T Shelton, dated 02/13/24
Page 73
Page 74
Item #18.
Councilman Anderson authorized the designation of $350.00 of his
The Inner City Cultural Email from David Anderson dated 02/28/24 and
2/29/2024 Anderson community enhancement funds to The Inner City Cultural League for the $350.00 $11,850.00 $13,150.00
League letter/email from Kathrina Stroud dated 02/27/24
reasons stated in the email.
Councilman Neil authorized the designation of $100.00 of his community
Hispanic Organization of Email from Fred Neil dated 04/01/24 and email from
4/1/2024 Neil enhancement funds to the Hispanic Organization of Latin Americans $100.00 $11,950.00 $13,050.00
Latin Americans (HOLA) Anthony (Tony) Velazquez dated 03/29/24
(HOLA) for their Baila Con Dover Festival.
Councilman Boggerty authorized the designation of $250.00 of his Email from Andre Boggerty dated 04/01/24 and
Hispanic Organization of
4/1/2024 Boggerty community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $12,200.00 $12,800.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 03/29/24
Email from Gerald Rocha, Sr. dated 04/19/24 and a
Councilman Rocha authorized the designation of $300.00 of his
4/19/2024 Rocha Tracy Palmer Ministries letter from the Tracy Palmer Ministries dated $300.00 $12,500.00 $12,500.00
community enhancement funds to the Tracy Palmer Ministries.
04/19/24
Councilman Lewis authorized the designation of $500.00 of his Email from Brian Lewis dated 04/23/24 and an
Hispanic Organization of
4/23/2024 Lewis community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $500.00 $13,000.00 $12,000.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 03/29/24
Councilman Lewis authorized the designation of $300.00 of his
Email from Brian Lewis dated 04/23/2024 and letter
4/23/2024 Lewis Elizabeth Daniels community enhancement fund to Elizabeth Daniels for the Juneteenth $300.00 $13,300.00 $11,700.00
from Elizabeth Daniels dated 04/23/2024.
Celebration
Councilman Boggerty authorized the designation of $250.00 of his
Email from Andre Boggerty dated 04/23/2024 and
4/23/2024 Boggerty Elizabeth Daniels community enhancement fund to Elizabeth Daniels for the Juneteenth $250.00 $13,550.00 $11,450.00
letter from Elizabeth Daniels dated 04/23/2024.
Celebration
Email from Andre Boggerty dated 04/23/24 and a
Councilman Boggerty authorized the designation of $200.00 of his
4/23/2024 Boggerty Tracy Palmer Ministries letter from the Tracy Palmer Ministries dated $200.00 $13,750.00 $11,250.00
community enhancement funds to the Tracy Palmer Ministries.
04/19/24
Councilman Neil authorized the designation of $50.00 of his community Email from Fred Neil dated 04/23/2024 and letter
4/23/2024 Neil Elizabeth Daniels $50.00 $13,800.00 $11,200.00
enhancement fund to Elizabeth Daniels for the Juneteenth Celebration from Elizabeth Daniels dated 04/23/2024.
Councilman President Hare authorized the designation of $300.00 of his
Email from Bill Hare dated 05/06/2024 and letter
5/6/2024 Hare Elizabeth Daniels community enhancement fund to Elizabeth Daniels for the Juneteenth $300.00 $14,100.00 $10,900.00
from Elizabeth Daniels dated 04/22/2024.
Celebration
Councilman President Hare authorized the designation of $300.00 of his
Hispanic Organization of Email from Bill Hare dated 04/23/24 and an email
5/6/2024 Hare community enhancement funds to the Hispanic Organization of Latin $300.00 $14,400.00 $10,600.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 03/29/24
Americans (HOLA) for their Baila Con Dover Festival.
Councilman Rocha authorized the designation of $400.00 of his
Email from Gerald Rocha dated 05/23/2024 and
5/24/2024 Rocha Elizabeth Daniels community enhancement fund to Elizabeth Daniels for the Juneteenth $400.00 $14,800.00 $10,200.00
letter from Elizabeth Daniels dated 04/22/2024.
Celebration.
TOTALS $14,800.00 $ 10,200.00
Budgeted
District Council Sponsor YTD Expenditures Balance
Amount
$5,000.00 At-Large Boggerty $4,400.00 $600.00
$2,500.00 1st District Pillsbury $750.00 $1,750.00
$2,500.00 1st District Rocha $2,100.00 $400.00
$2,500.00 2nd District Hare $1,650.00 $850.00
$2,500.00 2nd District Lewis $1,900.00 $600.00
$2,500.00 3rd District Arndt $700.00 $1,800.00
$2,500.00 3rd District Neil $850.00 $1,650.00
$2,500.00 4th District Anderson $2,500.00 $0.00
$2,500.00 4th District Sudler $0.00 $2,500.00
TOTAL $14,850.00 $10,150.00
Page 74
Page 75
Item #19.
CITY MANAGER’S
MONTHLY REPORT
April 2024
Page 75
1
Page 76
Item #19.
Blank
Page
Page 76
2
Page 77
Item #19.
Page 77
3
Page 78
Item #19.
Page 78
4
Page 79
Item #19.
CENTRAL SERVICES MONTHLY REPORT
April 2024
PROCUREMENT & INVENTORY DIVISION
Purchase Orders for Stock by Fund
FY 2024 to Date Difference from FY 2023
Electric $2,843,208.48 57.8%
Water $142,208.98 70.1%
Wastewater $769.13 100.0%
General $116,359.65 34.8%
Total $3,102,546.24 57.5%
Issues from Stock by Fund
FY 2024 to Date Difference from FY 2023
Electric $1,843,286.19 15.2%
Water $87,618.36 40.7%
Wastewater $0.00 N/A
General $112,723.89 -1.3%
Total $2,043,628.44 15.3%
Bids/RFPs Solicited
FY 2024 to Date Difference from FY 2023
37 59.5%
Money Spent for Postal Services
FY 2024 to Date FY 2023 to Date
$143,467.94 $140,594.36
Fuel Usage
Type FY 2024 to Date FY 2023 to Date
Unleaded 125,042 118,257
Diesel 64,124 64,627
Dollars Spent $518,929.57 $596,519.59
Page 79
5
Page 80
Item #19.
Warehouse Stock Value
FY 2024 FY 2023
$3,790,868.56 $3,059,537.67
Purchase Orders for Stock are up 57.5% compared to this time last year.
Issues from Stock are up 15.3% compared to this time last year.
Bids/RFP's are up 59.5% compared to this time last year.
Postal Expenses are up 2.0% compared to this time last year.
Fuel Costs are down 15.0% compared to this time last year.
Overall warehouse value is up 19.3% compared to this time last year.
FLEET DIVISION
PM Work Orders Scheduled: PM Work Orders Total Work Orders PM &
35 Completed: 34 Repair: 104
Total Hours Turned: Excess Hours Turned: Time Unaccounted For:
282 0 51.5
MEASURE April 2024 April 2023
Completed PM's 34 47
DIFFERENCE -27.66%
There were 35 PM's scheduled for this month. A total of 34 PM's were completed along with 70
repair work orders. There were a total of 104 work orders completed.
Page 80
6
Page 81
Item #19.
FACILITIES DIVISION
Routine Work Orders Emergency Work Orders
Completed: 54 Completed: 3
City-owned Facility Work Events & Support Work
Orders: 53 Orders: 4
MEASURE April 2024 April 2023
Completed Work Orders 57 49
DIFFERENCE 16.33%
There were 57 routine and emergency Work Orders completed during this month. The work
orders consisted of 53 for maintenance and repair of City-owned facilities and 4 related to events
and other support work.
Central Services Narrative
The Warehousing & Procurement office continues to see inflated costs and excessive lead times.
Facilities staff has been busy with routine work orders and setting up for Dover Days!
Fleet is operating as normal at this time.
Page 81
7
Page 82
Item #19.
CENTRAL SERVICES PROJECT UPDATE
April 2024
FY/PROJECT NUMBER DEPARTMENT STATUS
CENTRAL SERVICES
FC2303 COMPLETE!
CITY HALL WINDOWS
3rd floor complete and 2nd
ELECTRIC floor is 95% complete.
EA2204
WEYANDT HALL HVAC Should be ready to start 1st
floor in mid-May.
CENTRAL SERVICES
FC2402 COMPLETE!
CITY HALL EXTERIOR PAINT
CENTRAL SERVICES
CS2405 COMPLETE!
WASH BAY ROOF & DOORS
WATER WASTE WATER WTP
WD2409 Construction is underway.
RENOVATIONS
Page 82
8
Page 83
Item #19.
Recap of monthly activities / notations –
As of April 30, 2024 the City of Dover served 25,024 electric utility customers and 13,196 water utility customers as
compared to 2023, which represents 25,601 and 13,473 respectively. These figures were tabulated from the
monthy utility bill summary report which tracks billing across all utility bill rate classifications.
2,835 phone calls were answered in the month of April by 5 staff members of customer service.
Two properties were sold at monition sale in April 2024, they were 645 Nimitz RD and 233-239 W Loockerman ST.
Please note there was an error on the write off amount on the March report because I did not remove the amount
from the month before.
Receivable Comparison FY 2023 to Utility Disconnections for April 2024
FY2024 to date (April 2024) Compared
438 accounts were disconnected for non-payment of service.
to the same time last year the City had
open receivables of $7,123,967.80 vs Total receivable collected through the disconnection process $214,657.85
$9,396,106.85. Ending Utility Receivable Due - $6,882,994.33
Customer Service Department Mission
Continually provide quality public service to our diverse group of customers with
professionalism, respect, & integrity. ~ City of Dover Customer Service Department
Page 83
9
Page 84
Item #19.
Number of Deeds Stamped for Transfer Tax Dollar Amount
the Month of April 2023/2024 for the Month of April
$380
37 $400 2023/2024
40 29 30
30 18 18 Thousand $114
16 $200 $127
20
10 2 0 2 0 2023
s $39 $54
$0
$2$0
2023
0 $0
2024 2024
April 2023/2024 Realty
First Time Buyer for the Month
Property Sales in Dollars
of April 2023/2024
Received Prior to Recording
37
40 $8 $8
29 $10
$8 $5 $5
Millions
30 $6
18 Res. Non-First
18
Time Buyers
$4 $0 $0 $0 $0 2023
20 $2
$0
Res. First Time 2024
10
Buyers
0
2023 2024
Major Updates
February March April
Assessment Change $0 $5,666,900 $0
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
30 $5,010,400 $8,045,788 0.62 1.05
Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment
regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98
tends to indicate assessment progressivity – high valued properties are relatively over appraised.
Page 84
10
Page 85
Item #19.
Tax Office
Wild Meadows / Persimmon Park Place Home Sales for April 2024:
Property Address Assessed Value Sales Price
8 Carolyn Ct $93,000 $110,000
2024 Appeals
- Appeals and Exempt Requests submitted by the April 30, 2024, deadline:
Commercial: 2
Exemption Request: 10
Page 85
11
Page 86
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Page 86 Item #19.
Page 87
Item #19.
For the month of April 2024, the Electric Department contributed to the quality of life for all our
customers.
The city experienced a system peak of 112.3 megawatts, an increase of 22.9 megawatts from last month
and a 10.2 megawatt increase from the same month last year.
There was a total of 8 outages for the month affecting a total of 529 customers with an average outage
time of 76.89 minutes.
Recognized Lineman’s Appreciation Day.
Project Updates:
The department continues to work in Towne Point, Verona Woods, Rojan Meadows, Eden Hills and we
are testing all electric poles in the city. City crews have tested approximately 3000 poles with a failure
rate of 2.4% or 60 poles. The Department has received all LED roadway lights to replace the roughly
2000 conventional lights installed in the city. So far there have been approximately 800 lights replaced
around the city.
Work at the Garrison Oak Technical Park substation continues and is still estimated to be complete in
May. Work at McKee Generation Station is progressing well.
Van Sant was not called on for dispatch for the month of April, but NAES is performing scheduled
replacement of the air filters as well as other programmed maintenance.
FY 24 YTD Outages and Response Time:
Total – 75 Average Response Time – 30.98 (Goal – Less than 30 minutes)
Statistics: 3-year average: FY Average:
Average Interruption
Duration Index (SAIDI) 171.4 minutes 57.74 minutes
Goal – Not to exceed 100 mins
System Average Interruption
Frequency Index (SAIFI) 1.7 per cust .57 per cust
Goal – Not to exceed 1 per customer
Customer Average Interruption
Duration Index (CAIDI) 99.45 minutes 100.87 minutes
Lost Time Accidents – Workorders Generated –
Current Month – 0 Total FY – 0 Current Month – 143 Total FY – 1,738
Page 87
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Page 88
Item #19.
FY24
Historical Peak Load
180
160
140
120
100 2022
Megawatts
80 2023
2024
60
40
20
0
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
Page 88
14
Page 89
Item #19.
HUMAN RESOURCES
APRIL 2024
City of Dover Human Resources Mission Statement:
The City of Dover’s Human Resources Department strives to provide quality service to assist
our greatest asset, our employees. Equity, Integrity, and Urgency is our focus to ensure
employee satisfaction as well as company wellness. We implement policies and procedures that
align with organizational goals, including a safe and compliant workplace, effective training
and professional development, and addressing both the needs of employees and the
organization.
City of Dover Human Resources Value Statement:
Innovation: We strive to include best HR practices to enhance a robust technological movement
to enhance the quality and efficiency of the department.
Collaboration: We honor knowledge sharing, diversity of thoughts and ideas, and experiences to
encourage an inclusive workforce.
Integrity and Transparency: We honor our commitments and promote a healthy environment that
promotes fairness, honesty, respect, and trust.
Results Driven: Customer service is front and center, and we advocate for employees' and
retirees’ needs at all times.
APRIL SUMMARY:
April Hiring Trends FY24: The month of April shows a small increase in the hiring rate to
include 7 new hires. The positions hired include 6 full-time roles and 1 part-time role.
April Voluntary Termination/Involuntary Termination Trends FY24: In the month of
April, there were 4 voluntary and 0 involuntary terminations.
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15
Page 90
Item #19.
HUMAN RESOURCES
APRIL EEO DATA
EEO DATA
AMERICAN INDIAN ASIAN BLACK CAUCASIAN HISPANIC OTHER RACE
2% 1%
4% 3%
15%
75%
AMERICAN INDIAN 3%
ASIAN 1%
AFRICAN AMERICAN 15%
CAUCASIAN 75%
HISPANIC 2%
OTHER RACE 4%
Page 90
16
Page 91
Item #19.
HUMAN RESOURCES
APRIL EEO DEMOGRAPHICS
EEOC DEMOGRAPHICS
99
MINORITY
295
CAUCASIAN
CAUCASIAN 295
MINORITY 99
Page 91
17
Page 92
Item #19.
HUMAN RESOURCES
APRIL GENDER REPORT
Gender Report
FEMALE MALE NONBINARY
0%
27%
73%
MALES 73%
FEMALE 27%
NON-BINARY 0%
Page 92
18
Page 93
Item #19.
HUMAN RESOURCES
FULL-TIME VS. PART-TIME EE’S
FULL TIME vs PART TIME
450
387 388 387 394
400 365
356 358 362
350
300
250
200
150
100
50 31 30 25 29
0
JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
FULL TIME PART TIME TOTAL EE'S
Numbers do not reflect temporary, seasonal, relief fire dispatchers, committee, or council members.
MONTH JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
FULL TIME 356 358 362 365
PART TIME 31 30 25 29
TOTAL EE'S 387 388 387 394
Page 93
19
Page 94
Item #19.
HUMAN RESOURCES
INTERNAL EE AGE DEMOGRAPHICS
AGE DEMOGRAPHICS
18-24 7%
25-34 26%
35-44 21%
45-54 23%
55-64 18%
65+ 5%
0% 5% 10% 15% 20% 25% 30%
AGE PERCENTAGE
18-24 7%
25-34 26%
35-44 21%
45-54 23%
55-64 18%
65 + 5%
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20
Page 95
Item #19.
HUMAN RESOURCES
HIRING DETAILS
Position Hired: 1 FT POLICE RESOURCES MANAGER, 1 FT PAYROLL SPECIALIST, 1
FT MEO, 1 FT PLAYGROUND LEADER, 1 FT COMMUNICATION OPERATOR, 1 PT
LIBRARY CLERK, 1 PT SERVICE CENTER CLERK, 1 FT BUILDING SUPERVISOR
Transferred/Promoted: 0
Position Terminated/Resigned/Retired/Other: 0
Terminal Leave: N/A
APRIL VACANT POSITIONS
VACANT POSITIONS BY DEPT. Apr-24
LIBRARY ASSISTANT - YOUTH SERVICES/DOVER PUBLIC LIBRARY DEPT PT
PASSPORT CLERK/DOVER PUBLIC LIBRARY DEPT PT
ARBORIST/PARKS AND RECREATION/PARKS AND RECREATION DEPT FT
LEAD LABORER/PARKS AND RECREATION DEPT FT
MOTOR EQUIPMENT OPERATOR I/PUBLIC WORKS DEPT FT
ANIMAL CONTROL OFFICER/POLICE DEPT FT
INSPECTOR I - CODE ENFORCEMENT/DEPT OF PLANNING, INSPECTIONS AND COMMUNITY DEV DEPT FT
CIVIL ENGINEER I/WATER WASTEWATER DIVISION FT
ACCOUNTS PAYABLE CLERK/FINANCE DEPART FT
SERVICE CENTER CLERK/PARKS AND RECREATION DEPT PT
HUMAN RESOURCES GENERALIST/HUMAN RESOURCES DEPT FT
ENVIRONMENTAL SCIENTIST/PUBLIC WORKS DEPT FT
BUILDING SUPERVISOR (2 POSITIONS)/PARKS AND RECREATION DEPT PT
MOTOR EQUIPMENT OPERATOR I/FWATER WASTEWATER DIVISION FT
VICTIM SERVICES ADVOCATE/POLICE DEPT PT
PAYROLL SPECIALIST/FINANCE DEPT FT
PLANNING AND COMMUNITY DEV DIRECTOR/PLANNING DEPT FT
PARKING ENFORCEMENT OFFICER/POLICE DEPT FT
PLANNER II/PLANNING DEPT FT
CAMP COUNSELOR I/PARKS AND RECREATION DEPT FT (SEASONAL)
FINANCIAL REPORTING & ACCOUNT MANAGER/FINANCE DEPT FT
POLICE CADET/POLICE DEPT PT
RELIEF FIRE DISPATCHER/FIRE DEPT PT (AS NEEDED)
*Not used for Budgeting Purposes
Page 95
21
Page 96
Item #19.
HUMAN RESOURCES
TURNOVER STATISTICS
Monthly
Number of Average Quarterly Annual
Turnover
Month Separated Number of Turnover Turnover
Rates
Employees Employees Rates Rate
(Percentage)
January 0 387 0.0%
February 1 388 0.3%
March 4 387 1.0% 1.3%
April 4 394 1.0%
May 0 1 0.0%
June 0 1 0.0% 1.0%
July 0 1 0.0%
August 0 1 0.0%
September 0 1 0.0% 0.0%
October 0 1 0.0%
November 0 1 0.0%
December 0 1 0.0% 0.0% 2.3%
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22
Page 97
Item #19.
HUMAN RESOURCES
Monthly Turnover Rates (Percentage)
1.2%
1.0% 1.0%
1.0%
0.8%
0.6%
0.4%
0.3%
0.2%
0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
0.0%
Page 97
23
Page 98
Item #19.
HUMAN RESOURCES
Quarterly and Annual Turnover Rates
2.5%
Annual, 2.3%
2.0%
1.5%
Q1, 1.3%
Q2, 1.0%
1.0%
0.5%
Q3, 0.0% Q4, 0.0%
0.0%
Page 98
24
Page 99
Item #19.
HUMAN RESOURCES
APRIL WORKER’S COMPENSATION DATA
Mar- Apr-
MONTH 24 24
WORKERS COMP INJURY DETAIL 2 16
WORKERS COMP COST APRIL 2024
TOTAL 40879.72
WATER/WASTEWATER 9236.56
POWERPLANT 429.4
POLICE 27280.75
GROUNDS 3933.01
0 5000 10000 15000 20000 25000 30000 35000 40000 45000
Respectfully Submitted by H. Naomi Poole
Page 99
25
Page 100
Item #19.
Information Technology Department
April 2024 Report
Larry Josefowski, Director
Training: Our Senior LAN Analyst coordinated several vendors who provided training sessions with some of our
tools, which provided the team with a renewed understanding of the capabilities of the various products. This
will allow us to better use the tools, such as our security training tool, in the future.
Network Security: The State and Local Cybersecurity grant program is on hold, so our acquisition of the tool that
allows us to better monitor network issues is also on hold. Funding for other projects, discussed in closed
session, has not been released, either, with at least a several months’ delay before funds become available.
In terms of equipment, we decommissioned and removed two pieces of network equipment switches and
replaced one switch.
System Improvements: We continue to improve our various processes to provide better and more consistent
service. As part of our Windows 11 deployment, which must be completed by next year, we will be using a new
tool that provides the same image and software to every computer, instead of being done individually. In
addition to being able to deploy new computers quicker, it will make reimaging computers with hard-to-find
issues easier to bring back to our base state.
We conducted a walk-through of City Hall for a possible rewiring project. Much of the building was wired with
what is now out of specification cabling that may be impacting service to the network. The bandwidth of today’s
computers is 10 times greater than the specifications of the cable that was installed 20-25 years ago.
Tyler Enterprise ERP: Upgrades are on hold due to budget season, but a major upgrade will be done in early July.
Discussions continue regarding the future of the City’s ERP posture, with contract information sent to the City
Solicitor.
Metrics:
% of Computers patched: As part of our system review, we found some performance issues with our patching
servers. We have fixed the discrepancies, and likely will not dip below 99% in the foreseeable future. This metric
may likely get “retired” if it stays at 100% for an extended period.
Spam Emails to System: We made several configuration changes to our incoming mail filter, and it is likely the
reason so much more mail is being sent to Spam before it gets sent to people’s inboxes. There were, and are
likely still, emails that get caught up in it, but IT sent out an email detailing the process on how we can assist in
getting emails caught in the Spam filter.
System Security Scores: We are seeing a slight uptick in these metrics that are a measure of how much we are in
compliance with Microsoft’s definition of “best practices” – which often means using more Microsoft products.
We continue to carefully review items that are indicated and measure the impact and implement as needed.
These generally are not significant or highly important changes, but they provide a tool for continuous
improvement.
Percent Training Completed: This is a measure of who in the city has completed the yearly security training. We
continue to have some difficulties in getting 100% participation – and it should not be a surprise that those who
have not completed the training do have a higher rate of getting caught in our quarterly phishing campaigns
than those who have.
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26
Page 101
Item #19.
% of Computers patched Spam Emails to System
12000
100% 100% 10000
8000
99% 99% 99%
6000
98% 4000
2000
0
NOVEMBER DECEMBER
MARCH
FEBRUARY
APRIL
JANUARY
Spam/Phishing Atttempts
System Security Scores Percent training completed
90% 100%
80% 95%
90%
70%
85%
60% 80%
50% 75%
70%
65%
60%
Microsoft Compliance Score
Microsoft Security Store
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27
Page 102
Reference Transactions
April 2024 Item #19.
Adults 1,421
Teens 95
Children 356
0 250 500 750 1000 1250 1500 1750 2000
Circulation April '24 FYTD '24 April '23 FYTD '23
City of Dover Residents 11,057 103,489 9,461 102,584
Electronic Materials 5,865 52,645 4,352 43,716
Kent County Residents 10,259 97,555 7,408 72,795
Non-County Residents 1,237 13,411 987 11,948
New Library Registrations
City of Dover Residents 281 2,303 201 2,358
Kent County Residents 106 1,347 109 1,121
Non-County Residents 7 66 8 52
Registered Library Users as of 04/30/2024 Registered Library Users as of 04/30/2023
City of Dover Residents 19,133 16,979
Kent County Residents 8,570 6,850
Non-County Residents 675 606
TOTAL 28,378 24,435
Other
Visitors 14,504 144,648 14,446 138,630
Meeting Room Attendance 3,017 27,729 2,213 20,148
Number of Computer Users 1,768 17,174 1,506 15,678
Number of Wireless Computer Users 1,603 15,575 1,512 14,807
Inter/Intralibrary - Loaned 45 44
Inter/Intralibrary - Borrowed 54 59
Holds Sent 2,952 2,627
Holds Received 1,695 1,879
TOTAL 4,746 47,410 4,609 49,098
Tech Services/Items Added 1,283 1,189
Tech Services/Items Deleted 1,180 1,002
Passport Services/Customers 358 2,545 330 2,617
Passport Services/Revenue $14,778 $101,673 $13,744 $106,333
Monthly Highlights
►670 attended 61 programs for adults.
►313 attended 20 program for teens.
►1,359 attended 40 programs for children.
► 0 volunteers.
Program Spotlight
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28
Page 103
Item #19.
Parks & Recreation
Monthly Report - April 2024
Parks & RecreaƟon Highlights
Five Park Projects Update
Dover Park Building and Spray Pad progress con nues. Staff is following this project and have met
with Kent Contrac ng and Whitman Requardt & Associates to keep the project moving forward.
All Accessible Playground staff con nues to follow this project. Onsite mee ngs have taken place
regarding site prep and installa on.
Skate Park in progress as noted in the FY25 CIP list. A pre‐applica on is being prepared for the ORPT
program offered by Delaware State Parks.
John W. PiƩs RecreaƟon hosted a job fair presented by the Department of Labor and our Human Resources
Department. And hosted Big Fish Restaurant Group and their teambuilding exercises. The Spring Adult Volleyball
league began play with eight (8) teams.
Youth Spring Soccer League prac ces kicked off with 285 girls & boys taking the fields at Schu e Park.
Spring & Summer Performing Arts on The Green is returning for it’s 48th year! A special thanks goes to Bally’s of
Dover for their Gold Level Sponsorship and to Shore United Bank for their Friend Parks & Recrea on sponsorship.
Mark your calendars now for Thursday Nights beginning June 6 at 7 pm for a night of free family entertainment!
Recreation Revenue Breakdown Outdoor Sports & Leagues
ParƟcipant & Spectator Count
AcƟvity ParƟcipants Spectators LocaƟon
Mens Senior So ball 288 21 Schu e Park
Church League So ball Star ng in May Schu e Park
Girls So ball (prac ces) 200 50 Dover Park
Girls On The Run Star ng in May Schu e Park
April 2024 April 2023
General Recrea on $1,448.00 General Recrea on $1,778.00 Girls So ball (prac ces) Star ng in May New Street
Leagues $4,050.00 Camps $9,100.00
Leagues $6,480.00
Girls Only Basketball
Sports $550.00
Park Permits/Rentals $400.00 Sports $240.00
Camps $9,170.00 Park Permits/Rentals $300.00 40 girls signed up!!
Parks & RecreaƟon FYTD FYTD
April 24 April 23
Programs 24 23
General Recrea on 267 2,398 86 2,379
Open Gym 290 2,316 173 1,636
Sports 138 1,650 559 2,246
Leagues (Inside) 1,747 26,282 1,288 24,874
Bldg, Field, Facility permits * 75 * 53
Spring Break Camp 115 1,754 113 2,013
*Mark your calendars for the Ride of Silence: May 15 and Bike to Work Day ‐ Dover: May 16*
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29
Page 104
Item #19.
Grounds Monthly Report
Apr-24
Arborist Crew: Arborist Crew
- Alley trimming Tree Work Completed
- Street tree maintenance Tree's Trimmed 55
- Assisted Street Division with root pruning Tree's Removed 16
for sidewalk replacement Root Pruning 0
Stumps Removed 4
Beautification Crew: Trees Planted 2
- Assisted with alley trimming
- Begn removing tulips
- Flower bed maintenance
Mowing Crew:
- Assisted with alley trimming
- Mowing routes are being completed on schedule
Litter Removal:
- Litter is being picked up on city property as per the weekly schedule
- Litter person has been diligent in the reporting of destruction in City parks
- 347 Total 90 gallon cans collected
- Removed 7 Shopping Carts
Parks Crew:
- Completed parks route daily
- Set up Bocce ball at Pitts Center
- Graded parking lots at Schutte Park
- Lined fields for soccer season
- Preped softball field weekly for games.
Miscellaneous:
- Planted 2 trees, spread playgound mulch, and wood chips at schutte park
with the assistance of Baily's
- Removed trash and litter from behind old Post Office
- Spraying at Parks and City property has began
- Started bush hogging at City property
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30
Page 105
Item #19.
Litter Cans Collected
700
600
500
400
300
200
100
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Trees Removed
80
60
40
20
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Trees Trimmed
250
200
150
100
50
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Page 105
31
Page 106
Item #19.
City Planner’s Monthly Report
Department of Planning & Inspections
APRIL 2024
Planning & Inspections Highlights
Some Items to Call to Your Attention
April was the month of the circle. With the month beginning with
the Partial Solar Eclipse on April 8, 2024 and ending with the week-
end of NASCAR events racing around the oval at the Monster Mile
of Dover Motor Speedway. Department Staff continued involve-
ment with the regular cycles of applications and permit reviews
with inspections.
The April construction pace continued to be lower in the number
of Building Permits issued with only two (2) new house starts and
with non-residential permits focused on smaller renovation pro-
jects citywide. The number of Inspections associated with con-
struction activities for Building, Plumbing, and Mechanical Permits
was 365 inspections. By month’s end, Certificates of Occupancy
were also issued to five (5) additional dwelling units completed in
the City.
Department Revenue received continued to out pace the FY24 Budget estimates with increases in
the revenues from Building Permits and Fire Protection Permits. (See Revenue Report on next page).
The Code Enforcement Staff continued to conduct Annual Housing Inspections as part of the Rental
Dwelling Permit program with 77 completed in the month but also issued 44 Violations for No Valid
Rental Permit as the licensing year had started February 1st. There are currently over 7,900 Rental
Dwelling Units within the City.
The main focus of Code Enforcement violations in April was the uptick in Tall Grass and Weeds viola-
tions at 98 cases. Code Enforcement Staff is utilizing the Door Hangers to notify occupants of pend-
ing violations. Other Code Enforcement cases focused on exterior property maintenance issues/
violations and Dover Code of Ordinance violations. For the month, there were over 804 inspections
conducted.
For the Fire Marshal’s Office Staff, the number of fire investigations in April was seven (7) incidents .
The Fire Marshal’s Office was involved in inspections related to the NASCAR Event Weekend for RV/
camping. Licensing, and event compliance.
Page 106
32
Page 107
Item #19.
Planning & Inspections Revenue
FY2024 Revenue
Estimates from FY2024 Actual
Revenue Stream Budget (YTD) April % of Budget
Business License $1,450,000 $ 1,480,772 102%
Manufactured Home License $16,000 $ 13,342 83%
Building Permits $450,000 $ 721,716 160%
Cert. of Occupancy $8,000 $ 9,140 114%
Public Occupancy $45,000 $ 45,570 101%
Lodging House $28,000 $ 29,351 105%
Plumbing/Heating/Air $105,000 $ 91,354 87%
Rental Inspection Fee $750,000 $ 723,102 96%
Miscellaneous $20,000 $ 19,008 95%
Fire Protection Fees $70,000 $ 113,703 162%
Code Enforcement Fines $100,000 $ 72,896 73%
Vacant Building Reg. $70,000 $ 27,625 39%
Total P&I Revenue $3,112,000 $ 3,347,579 108%
Planning Office Operations
The Meetings of the Boards and Commission supported by the Planning Office are presented
in the Hybrid format with both In-Person and Virtual (using Webex) meeting options for par-
ticipation. Electronic communications and conducting Meetings and Trainings in virtual for-
mats are commonplace due to realized efficiencies.
The Planning Office is part of the review process for certain types of construction activity
permits (Building Permits, Sign Permits, etc.) and Certificate of Occupancy permits in order
to confirm compliance with the Zoning Ordinance provisions. For April 2024, Planning Staff
was involved with the review of 52 Building Permits and 10 Certificates of Occupancy per-
mits that were issued for a monthly total of 62 and a year-to-date total of 270. The 2024
year-to-date tally is lower than the year-to-date totals of Permits and COs seen in 2023 at
318 and in 2022 at 296. Staff also reviews new applications for Business Licenses and Rental
Dwelling Permits.
APRIL 2024 (FY24) TOTAL FOR FY24
New Home Permits Issued 2 79
Value of Commercial Projects $482,300.00 $72,666,156.00
Downtown Incentives (Fees Waived)
$2,776.00 $29,093.35
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33
Page 108
Item #19.
COMPREHENSIVE PLAN IMPLEMENTATION
2019 Comprehensive Plan
Implementation of the 2019 Comprehensive Plan continues as Departments citywide focus on the plan im-
plementation items as found in Implementation Plan (Chapter 15) items such as the projects, studies, code
amendments, and other activities. A copy of the Final Plan (as amended) is available on the Comprehensive
Plan website: https://www.cityofdover.com/2019-comprehensive-plan Visit the Dover Parcel and Zoning
Viewer on the City’s website to see zoning information for properties located in Dover. Use the Quick Link
on the main page www.cityofdover.com.
• As part of the annual opportunity and process for Comprehensive Plan Amendments, the process con-
tinued for consideration of a Request for a Comprehensive Plan Amendment was filed requesting a
change to the Map 12-1: Land Development Plan Map. This Comprehensive Plan Amendment 2024 (MI
-24-01) related to a Land Use Classification change from Office to Mixed for the property at 1079 Silver
Lake Boulevard was recommended for approval by the Planning Commission in February. The Applica-
tion’s Public Hearing was conducted by City Council on March 11, 2024 with action deferred on it for 30
days. At the April 22, 2024 Meeting, the City Council took action but did not grant approval to the Re-
quest; therefore, the Land Use Classification for the property at 1079 Silver Lake Boulevard remains as
Office.
Other Activities
• Downtown Dover Strategic Master Plan: The Downtown Dover Partnership’s Strategic Master Plan is
known as “Transforming Downtown Dover: Capital City 2030” (January 2023). Various partners are
focusing on aspects of Plan implementation. Currently, the Downtown Dover Partnership and the Do-
ver/Kent County MPO are involved with the Downtown Dover Pathways Study (underway with consult-
ants). Also, the City is involved in planning for water and sanitary sewer improvement projects.
• Downtown Development District – Renewal Application: The Downtown Development District (DDD)
for the City of Dover was designated in January 2015 for a period of ten years. The City is eligible to ap-
ply for a five-year extension of this designation. Rossi, a consultant group, has been retained to assist
the City in preparation of the Renewal Application including looking at areas for potential amendments
to expand/contract the DDD boundaries. An Update on the Draft Renewal Application and DDD Plan
being prepared was presented to the Council Committee of the Whole – Legislative, Finance, & admin-
istration Committee on April 9th.
CONSTRUCTION ACTIVITIES
• In April 2024, Residential Building Permits were issued for two (2) single-family detached dwellings in
the Downtown Development District area.
• A Temporary Certificate of Occupancy was issued for a Duplex unit in the Eden Hill Farm TND for Chat-
ham Bay. Certificates of Occupancy were issued to two (2) Duplex units in Eden Hill Farm TND for Chat-
ham Bay; a single family detached dwelling in the Downtown Development District; and for two (2)
manufactured home placements in Dover East Estates.
• Building Permits issued in April were for several interior renovation projects including a tenant fit-out at
1128 Forrest Avenue for a restaurant and a tenant fit-out for phone retailer at 515 S. DuPont Highway
Suite 3; and other small renovation projects.
• Certificates of Occupancy were issued for the creation of several tenant spaces including renovations
for a multi-purpose room at Bally’s; a second floor apartment unit at 231 W. Loockerman Street A; the
DIMH Emergency Shelter for Women at 1156 Walker Road; and other interior renovation projects along
W. Loockerman Street.
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34
Page 109
Item #19.
2024: Welcome to Dover!
Progress in Pictures
28 W. Loockerman Street 231 W. Loockerman Street A –Loockerman Suites Apartments
Bally’s
1131 N. DuPont Highway
1156 Walker Road
Dover Interfaith
Mission for
Housing
Page 109
35
Page 110
Item #19.
2024: Welcome to Dover!
Progress in Pictures
53 S. New 533 & 535
Street Ruth Way
Habitat for Duplexes-
Humanity Eden Hill
Farm TND -
Chatham
Bay
517 Ruth Way - Eden Hill Farm TND -Chatham Bay
1061 S. Little Creek Road -Unit 207 - Manufactured
Home
Page 110
36
Page 111
Item #19.
BOARD AND COMMISSION ACTIVITY
There was an April Meeting of one of the Boards and Commissions supported by the Planning Office. The
Planning Commission Meeting on April 15, 2024 consisted of review of a Request for Extension of Plan Ap-
proval and two Rezoning Applications. The Historic District Commission and the Board of Adjustment did not
meet in April due to lack of agenda items.
For Training in April, several Board of Adjustment members and City Planning Staff attended a virtual session
on “Board of Adjustments” on April 24, 2024 presented by the University of Delaware’s Institute for Public
Administration.
Planning Commission:
The Planning Commission met on April 15, 2024. The next Planning Commission meeting is scheduled for
May 20, 2024.
• S-21-11 McKee Road Apartments at 1385 McKee Road: Request for Extension – The Planning Commis-
sion granted approval of a One-Year Extension of the Planning Commission conditional approval granted
on April 18, 2022 of a Site Development Application for the construction of sixteen (16) 10,000 SF gar-
den style apartment buildings each containing twenty-four (24) units for a total of 384 apartment units.
Also proposed are sixteen (16) garage buildings, a Club House with Pool, walking paths, picnic areas, a
dog park, playing field, parking, and other site improvements. Action included approval of partial elimi-
nation of upright curbing, partial elimination of frontage sidewalk, reduction of parking requirements,
and a partial cash-in-lieu of Active Recreation Area construction. The property is zoned RG- 2 (General
Residence Zone) and C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor
Overlay Zone). This development application is only for the residential zoned portion of the property. The
commercial portion will be developed under separate application. The property is located on the east side
of McKee Road near the intersection of McKee Road and Scarborough Road. The owner of record is
McKee Cap, LLC.
• Z-24-03 Lands of Linda Duncan at 600 Forest Street - The Planning Commission recommended approval
to City Council of a Rezoning application for a parcel of land consisting of 0.51 acres+/-. The property is
zoned IO (Institutional and Office Zone) and subject to the H (Historic District Zone) and the SWPOZ
(Source Water Protection Overlay Zone). The proposed zoning for the property is C-2A (Limited Central
Commercial Zone) and remaining subject to the H (Historic District Zone) and the SWPOZ (Source Wa-
ter Protection Overlay Zone). The property is located on the south side Forest Street and near the west end
of Loockerman Street. The owner of record is Linda Duncan. The equitable owner is Erin Barrett.
• Z-24-04 Lands of White Marsh Environmental Systems at 1100 & 1110 S. Little Creek Road - The Plan-
ning Commission recommended approval to City Council of a Rezoning application for a parcel of land
consisting of 10.7146 acres +/-. The property is zoned CPO (Commercial and Professional Office Zone).
The proposed zoning for the property is IPM (Industrial Park Manufacturing Zone). The property is locat-
ed on the south side of South Little Creek Road and west of State Route 1. The owner of record is White
Marsh Environmental Systems Inc. c/o Tidewater Utilities.
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item #19.
CDBG FY23 Projects
• Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time homebuyers
who purchase affordable housing in the City of Dover. One family purchased a home and
two families are mortgage ready.
• Dover Interfaith Mission for Housing (DIMH)
CDBG funds will be used to provide operations cost for the shelter. DIMH has purchased a
building for its new shelter location that will be renovated with CDBG funds. This project
is underway. Sixty percent 60% of project funds have been spent year to date and 90% of
funds have been spent on renovations cost.
• Central Delaware Housing Collaborative
CDBG funds will be used to provide operations cost for a women’s shelter. This project is
underway. Sixty percent (60%) of program funds have been spent year to date.
• Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro-
grams
CDBG funds will be used to rehabilitate existing owner-occupied housing in the City that
are in violation of the City’s Housing Code and complete emergency home repairs to
eliminate housing conditions that threaten the health and safety of low-income home-
owners. Two owner occupied homes have been rehabbed and six (6) homes received
emergency home repairs.
• American Rescue Act (ARPA) Funding
City Council approved to award a little over $1.8 million in grant funding for Housing and
Community Service projects. All projects are underway. A little under $1.5 million or
79% of funds have been spent on Round 1 of ARPA funding year to date. Dover Housing
Authority, Murphey School and Reading Assist have completed their projects. ARPA
Round 2 funding for a little under $500,000 was awarded to subgrantees. Projects are
currently underway. Thirty percent (30%) of funds have been drawn down for Round 2
with Murphey School completing their project.
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Item #19.
CODE ENFORCEMENT ACTIVITY
DECEMEBER 2023 DECEMEBER
2023 DECEMEBER 2023 DE-
CEMEBER 2023 DECEMEBER 2023
DECEMEBER 2023 DECEMEBER
2023
Case Type Current MTD MTD FY23 % Changed YTD Total FY24 YTD Total
FY 23 % Changed YTD
Dangerous Buildings, Vacant Buildings & Demolitions
Vacant Buildings currently registered - 148
Dangerous Buildings – 54
Active Rental Dwellings – 7,923 units
Active Demolitions - 137 S Queen St , 130 S New St, 132 S New St & 134 S New St
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Building Inspections & Licensing Summary Item #19.
July 2022—
July 2023–
Current June 2024 April 2023 June 2023
PERMITTING AND LICENSING
Permits Issued APRIL (2024) APRIL (2023)
FY 24 FYTD 24 FY23 FYTD 23
Administrative Permit
2 48 8 56
Building Addition/Renovation Permits 30 303 24 283
Building Permits
18 189 16 218
Demolition Permits
2 28 1 19
Fence Permits 13 142 18 243
Fire Prevention Permits 7 100 2 60
Mechanical Permits
38 298 21 338
Plumbing Permits
26 261 76 397
Sign Permits 6 133 9 83
Swimming Pool Permits
2 8 2 13
Subtotal 1510 1710
Business Licenses 62 1969 54 1845
Merchant Licenses
8 361 2 328
Contractor Licenses
24 1323 31 1229
Subtotal 3653 3402
Lodging House Licenses
1 47 3 47
Public Occupancy
14 517 27 473
Rental Dwelling 353 2905 144 2914
Subtotal 3469 3434
Manufactured Homes 17 294 9 282
BUILDING INSPECTIONS
Inspections APRIL (2024) APRIL (2023)
FY 24 FYTD 24 FY23 FYTD 23
Building (Inspections/CBI/Site Meetings)
161 1482 370 3406
Plumbing/Mechanical
195 1532 316 3966
Certificate of Occupancy
10 123 27 171
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40
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Item #19.
Office of the Fire Marshal
The Fire Marshal’s Office staff investigated seven inci-
dents during the month of April including a significant fire
loss at 1568 N DuPont Hwy.
-Staff worked race weekend to ensure that all of the citi-
zens and visitors were safe during the festivities.
-The Fire Marshal’s Office in conjunction with Mike
Walker the City of Dover GIS Manager have started a new
GIS layer to keep track of all annual fire and life safety in-
spections.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 30 273 320
Deficiencies From the Above Inspections 70 783 1,048
Fire Code Violations/Deficiencies/ 28 218 261
Complaints
C/O & Fire Equipment Acceptance Tests 13 106 118
Meetings & Walk Through 23 203 180
Fire Plan Review & DAC 17 135 110
-Staff attended a fire pattern certification class.
Month Year to Date Previous Year to Date
Accidental 4 totaling $20,501 30 totaling $2,031,505 32 totaling $1,228,601
Undetermined 1 totaling $10,000 13 totaling $706,603 10 totaling $290,002
Incendiary 2 totaling $12,500 10 totaling $26,503 5 totaling $4,070,502
Natural 0 1 totaling $60,000 0
Arrest Made with DPD 2 2 2
Investigation Time 12 hours 125 hours 193 hours
Injuries 1 8 1
Deaths 1 1 0
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41
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Item #19.
Page 116
42
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Item #19.
Page 117
43
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Item #19.
Page 118
44
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Item #19.
Page 119
45
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Item #19.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Apr-24
Inflow & Infiltration Costs
$300,000.00 This chart indicates the amount of money the City is
spending on treating ground and / or rain water
through Kent County. This cost is being offset by the
$250,000.00 Ground Water Inflow Adjustment rate passed on to the
customers. April 2024 had a large amout of rainfall,
causing a significant I & I deficit.
$200,000.00
$150,000.00
$100,000.00
$50,000.00
$-
Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24
I & I Cost
Water & Wastewater Repairs
Water mains and services are typically
7 repaired at a higher rate when drastic
change in temperature occurs. This
6 freeze and thaw cycle expands and
contracts the soil, causing cracks in the
water line. November 2023 had large
5 fluctuations of temperature, causing a
large volume of repairs.
4
3
2
1
0
Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24
Water Mains Repaired Water Services Repaired Wastewater Mains Repaired Wastewater Laterals Repaired
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Item #19.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Apr-24
Number of Brown Water Complaints
20
This chart indicates the number of
18 complaints the Department receives.
March 2024 was high because it has
16 been over 5 months since the last
flushing operation.
14
12
10
8
6
4
2
0
Apr-23 May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24
Number of Brown Water Complaints Linear (Number of Brown Water Complaints)
Department Spotlight - April
The Department of Water & Wastewater manages the
operation and maintenance of seven (7) water towers.
Every year, our team works with a licensed contractor to
rehabilitate the structures to assure they are in fine working
order.
After
Before
During
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Item #20.
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Item #20.
Finance Department Monthly Report April 2024
This page intentionally left blank
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Item #20.
Finance Department Monthly Report April 2024
CITY OF DOVER
ACTIVITY REPORTS
April 2024
FY23 YTD FY24 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 5,330 5,480
Total Amount of All Deposits $ 175,510,547 $ 137,815,510
Other Activity
Number of Pay Periods 22 22
Number of Direct Deposits Issued 9,008 8,613
Number of Pension Checks Issued 2,636 2,588
Total Pension Benefits Paid - Defined Benefit Plan $ 5,056,618 $ 5,091,449
ACCOUNTS PAYABLE
Number of Check Vouchers 4,818 5,214
Number of EFT Vouchers 3,247 3,438
Vouchers Dollar Amount Disbursed $ 88,140,406 $ 89,331,568
$85,348
FY23 YTD Wages FY24 YTD Wages
$89,005 $306,323 $112,198
$814,404 $64,861
$208,870 $624,311
$635,554
$701,915
$1,395,954
$1,619,400
$1,590,340 $1,951,330
$16,395,645 $18,533,453
Regular Regular
All over time All over time
Vacation Vacation
Sick Sick
Terminal Leave - Retiree Vacation/Sick Payout Terminal Leave - Retiree Vacation/Sick Payout
Personal Personal
Comp Time Comp Time
Other Other
Other includes: pay adjustments, military differential pay, training, committee meetings, worker compensation
tracking/adjustments, etc.
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Item #20.
Finance Department Monthly Report April 2024
City of Dover
General Fund Summary
Fiscal Year to Date (April 2024)
Revenues
Original Budget Revised Budget Actual %
Property & Transfer Taxes $ 18,056,100 $ 18,056,100 $ 18,171,857 101%
Program Revenues 12,354,700 12,354,700 13,058,245 106%
Utility Transfers 9,000,000 9,000,000 7,500,000 83%
Grants 883,500 923,500 890,572 96%
Interfund Services 6,236,400 6,236,400 4,845,594 78%
1 4,066,000 4,296,300 3,504,577 82%
All Other
$ 50,596,700 $ 50,867,000 $ 47,970,844 94%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 34,903,300 $ 34,832,500 $ 25,692,994 74%
Interfund Services 12,177,000 12,309,300 9,257,354 75%
Debt Service 630,700 630,700 523,920 83%
Post Retirement Benefits 2,548,000 2,548,000 2,123,333 83%
Pension Fund Contributions 1,000,000 1,000,000 1,000,000 100%
Capital Project Transfers 2,920,100 3,037,800 3,037,800 100%
2 3,052,800 3,052,800 1,569,764 51%
All Other
$ 57,231,900 $ 57,411,100 $ 43,205,166 75%
1
Includes Cable Franchise Revenue, Miscellaneous Receipts, Garrison Farm Rent, Sales of Assets, Fund
Invest Manager Cost.
2
Includes Bank and CC Fees, Street Lights Expense, DDP Contribution, Trf to Cable Franchise Reserve, Trf to
Electric I & E, and Trf to Electric Revenue Fund, Trf to Uncollectible Reserve and Misc. Grant Expense
and Trf to Economic Development Reserve Fund.
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Item #20.
Finance Department Monthly Report April 2024
General Fund Revenues
$20,000,000
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Property & Transfer Taxes Program Revenues Utility Transfers Grants Interfund Services All Other 1
Original Budget Revised Budget Actual
General Fund Expenditures
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Pension Fund Contributions Capital Project Transfers All Other 2
Original Budget Revised Budget Actual
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Item #20.
Finance Department Monthly Report April 2024
City of Dover
Water Fund Summary
Fiscal Year to Date (April 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 6,550,000 $ 6,550,000 $ 5,443,371 83%
Impact Fees 225,000 225,000 230,992 103%
Rents 435,500 435,500 423,588 97%
Miscellaneous 1 75,200 75,200 325,014 432%
$ 7,285,700 $ 7,285,700 $ 6,422,965 88%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 4,156,100 $ 4,132,700 $ 2,883,961 70%
Interfund Services 1,138,000 1,138,000 884,022 78%
Debt Service 700,000 700,000 469,354 67%
Post Retirement Benefits 226,900 226,900 189,083 83%
Capital Project Transfers 1,536,700 1,536,700 1,536,700 100%
Electric I&E Fund Transfer 25,000 25,000 - 0%
General Fund Transfer 500,000 500,000 416,667 83%
All Other 2 32,000 32,000 18,565 58%
$ 8,314,700 $ 8,291,300 $ 6,398,352 77%
1
Includes Penalties, Income from Sale of Assets, Miscellaneous Income, and Reconnect Fees.
2
Includes Bank & CC Fees.
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Item #20.
Finance Department Monthly Report April 2024
Water Revenues
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Customer Sales Impact Fees Rents Miscellaneous 1
Original Budget Revised Budget Actual
Water Expenditures
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Capital Project Transfers Electric I&E Fund Transfer General Fund Transfer All Other 2
Original Budget Revised Budget Actual
Page 7
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Item #20.
Finance Department Monthly Report April 2024
City of Dover
Wastewater Fund Summary
Fiscal Year to Date (April 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 10,326,000 $ 10,326,000 $ 8,960,125 87%
Impact Fees 225,000 225,000 211,059 94%
Miscellaneous 1 50,200 50,200 333,870 665%
$ 10,601,200 $ 10,601,200 $ 9,505,054 90%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 1,649,200 $ 1,649,200 $ 1,178,110 71%
Kent County Treatment Fee 4,730,000 4,730,000 3,886,841 82%
Interfund Services 870,900 870,900 676,801 78%
Debt Service 696,200 696,200 383,434 55%
Post Retirement Benefits 110,000 110,000 91,667 83%
Capital Project Transfers 2,270,900 2,270,900 2,270,900 100%
Electric I&E Transfer 25,000 25,000 - 0%
General Fund Transfer 500,000 500,000 416,667 83%
All Other 2 15,000 15,000 5,433 36%
$ 10,867,200 $ 10,867,200 $ 8,909,851 82%
1
Includes Interest Income, Penalties, Loss on Disposal, and Miscellaneous Income.
2
Includes Bank & CC Fees.
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Item #20.
Finance Department Monthly Report April 2024
Wastewater Revenues
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Customer Sales Impact Fees Miscellaneous 1
Original Budget Revised Budget Actual
Wastewater Expenditures
$5,000,000
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Kent County Treatment Interfund Services Debt Service Post Retirement Capital Project Transfers Electric I&E Transfer General Fund Transfer All Other 2
Fee Benefits
Original Budget Revised Budget Actual
Page 9
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Item #20.
Finance Department Monthly Report April 2024
City of Dover
Electric Fund Summary
Fiscal Year to Date (April 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 92,743,400 $ 92,743,400 $ 72,550,252 78%
1 2,299,000 2,299,000 4,052,208 176%
All Other
$ 95,042,400 $ 95,042,400 $ 76,602,460 81%
Expenditures
Original Budget Revised Budget Actual %
Power Supply & Generation $ 82,658,600 $ 82,856,900 $ 37,466,807 45%
Electric Operating Div. Exp. 9,208,700 9,208,700 7,143,366 78%
Interfund Services 4,227,500 4,227,500 3,284,771 78%
Debt Service 1,482,600 1,482,600 1,167,250 79%
Post Retirement Benefits 997,000 997,000 830,833 83%
General Fund Transfer 8,000,000 8,000,000 6,666,667 83%
2 3,004,900 3,004,900 1,768,203 59%
All Other
$ 109,579,300 $ 109,777,600 $ 58,327,897 53%
1
Includes Rental Revenue, Miscellaneous Service Revenue, Interest Earnings, Investment Management Fees,
New Service Fees, Sale of Assets, Trf from Uncollectible Reserves, General Service Billing, Revenue from Rate
Stabilization, Penalties, Green Energy Charges, and Delay Damages.
2
Includes Utility Tax, Interest on Deposits, Bank & CC Fees, Bond Issuance Costs, Transfer to Uncollectible
Reserve, and Green Energy.
Megawatt Hours Sold & Purchased Budget Rev. Budget Actual
Sales to Customers MWh (excl. Street Light MWh) 760,876 760,876 597,806
Sales per MWh $119.74 $119.74 $119.46
Purchased/Generated MWh 773,010- 773,010- 628,592-
All In MWh Supply & Generation $106.87 $107.12 $59.54
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Item #20.
Finance Department Monthly Report April 2024
Electric Fund - Revenues
Millions
$- $10 $20 $30 $40 $50 $60 $70 $80 $90 $100
Original Budget
Revised Budget
Actual
Customer Sales All Other 1
Electric Fund - Expenditures
$90,000,000
$85,000,000
$80,000,000
$75,000,000
$70,000,000
$65,000,000
$60,000,000
$55,000,000
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Power Supply & Electric Operating Div. Post Retirement
Interfund Services Debt Service General Fund Transfer All Other 2
Generation Exp. Benefits
Original Budget $82,658,600 9,208,700 4,227,500 1,482,600 997,000 8,000,000 3,004,900
Revised Budget $82,856,900 9,208,700 4,227,500 1,482,600 997,000 8,000,000 3,004,900
Actual $37,466,807 7,143,366 3,284,771 1,167,250 830,833 6,666,667 1,768,203
Original Budget Revised Budget Actual
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Item #20.
Finance Department Monthly Report April 2024
City of Dover
Division Expense Summary (General Fund)
Fiscal Year to Date (April 2024)
Original Budget Revised Budget Actual % General Fund Divisions % of Budget
City Clerk $ 414,200 $ 414,200 $ 327,495 79%
Council 260,000 260,000 187,528 72% Mayor
Fire 851,600 851,600 734,275 86% Human Resources
Grounds 1,741,100 1,741,100 1,263,636 73% Customer Services
Library 2,040,700 2,040,700 1,533,264 75%
Fleet Maintenance
Recreation 1,549,600 1,549,600 1,165,908 75%
Procurement & Inventory
Life Safety 690,600 690,600 490,987 71%
Code Enforcement 1,173,600 1,173,600 537,631 46% Engineering
Planning 826,100 826,100 508,376 62% Facilities Management
Public Inspections 800,800 800,800 580,849 73% Pub. Services Administration
Police 21,550,900 21,466,200 16,224,545 76% Finance
Police Extra Duty 405,000 405,000 500,247 124%
Information Technology
Streets 768,600 783,600 560,655 72%
Sanitation 3,060,100 3,060,100 2,094,882 68% City Manager
Stormwater 906,400 905,300 555,546 61% Stormwater
City Manager 1,300,100 1,432,400 1,106,599 77% Sanitation
Information Technology 874,100 874,100 686,890 79% Streets
Finance 1,032,300 1,032,300 606,457 59%
Police Extra Duty
Pub. Services Administration 646,900 646,900 485,062 75%
Police
Facilities Management 822,100 822,100 638,467 78%
Engineering 279,300 279,300 205,828 74% Public Inspections
Procurement & Inventory 873,600 873,600 708,570 81% Planning
Fleet Maintenance 1,078,600 1,078,600 891,741 83% Code Enforcement
Customer Services 1,417,500 1,417,500 1,029,026 73%
Life Safety
Human Resources 501,300 501,300 304,949 61%
Recreation
Mayor 245,200 245,200 169,863 69%
$ 46,110,300 $ 46,171,800 $ 34,099,277 74% Library
Grounds
Fire
Council
City Clerk
0% 20% 40% 60% 80% 100% 120% 140%
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Finance Department Monthly Report April 2024
Item #20.
City of Dover
Utilities Expenditure Summary
Fiscal Year to Date (April 2024)
Water Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 386,500 $ 386,500 $ 233,719 60%
Water Department 862,100 862,100 599,943 70%
Water Treatment Plant 2,907,500 2,884,100 2,050,299 71%
$ 4,156,100 $ 4,132,700 $ 2,883,961 70%
Wastewater Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 304,100 $ 304,100 $ 124,177 41%
Wastewater Department 1,345,100 1,345,100 1,053,933 78%
$ 1,649,200 $ 1,649,200 $ 1,178,110 71%
Electric Division
Original Budget Revised Budget Actual %
Transmission/Distribution $ 4,893,100 $ 4,893,100 $ 3,908,271 80%
Electrical Engineering 1,826,600 1,826,600 1,311,080 72%
Administration 1,020,200 1,020,200 727,426 71%
Meter Reading 460,500 460,500 439,534 95%
Systems Operations 1,008,300 1,008,300 757,054 75%
$ 9,208,700 $ 9,208,700 $ 7,143,366 78%
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Finance Department Monthly Report April 2024
Item #20.
Water Division % of Budget
Water Treatment Plant
Water Department
Engineering & Inspection
54% 56% 58% 60% 62% 64% 66% 68% 70% 72%
Wastewater Division % of Budget
Wastewater Department
Engineering & Inspection
0% 10% 20% 30% 40% 50% 60% 70% 80% 90%
Electric Division % of Budget
Systems Operations
Meter Reading
Administration
Electrical Engineering
Transmission/Distribution
0% 20% 40% 60% 80% 100% 120%
Page 135
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Finance Department Monthly Report April 2024
Item #20.
City of Dover
Capital Outlay Summary (All Funds)
Fiscal Year to Date (April 2024)
General Fund Original Budget Revised Budget Actual %
Fire $ 419,600 $ 419,600 $ 292,437 70%
City Manager - 40,000 22,000 55%
Code Enforcement 34,600 63,600 42,369 67%
Public Works Admin 30,000 30,000 27,660 92%
Public Works Eng 48,300 48,300 41,322 86%
Police 1,186,500 1,398,200 402,974 29%
Streets 852,300 3,583,300 793,907 22%
Sanitation 707,800 1,464,400 581,775 40%
Stormwater 1,135,000 3,549,200 149,582 4%
Grounds 214,500 249,300 236,160 95%
Library County Grant - 87,300 57,365 66%
Recreation 835,000 2,900,600 1,975,316 68%
Inspections - 30,100 30,068 100%
Purchasing - 70,000 - 0%
Information Technology 115,500 115,500 32,078 28%
Facilities Management 80,000 159,300 76,249 48%
Fleet Maintenance 30,000 535,700 487,291 91%
General Fund Capital Projects $ 5,689,100 $ 14,744,400 $ 5,248,553 36%
Water Fund
Water $ 4,579,300 $ 6,093,000 $ 1,535,407 25%
Water Engineering 48,000 48,000 41,322 86%
Water Treatment Plant 56,500 423,300 117,027 28%
Water Fund Capital Projects $ 4,683,800 $ 6,564,300 $ 1,693,756 26%
Wastewater Fund
Wastewater $ 2,576,900 $ 4,428,600 $ 689,286 16%
Wastewater Fund Capital Projects $ 2,576,900 $ 4,428,600 $ 689,286 16%
Electric Fund
Electric Generation $ 275,000 $ 12,723,400 $ 3,737,367 29%
Transmission/Distribution 2,497,400 2,936,100 1,496,345 51%
Electrical Engineering 2,076,000 8,670,600 2,784,930 32%
ERP System - 1,856,000 5,740 0%
Electric Administration 2,000,000 2,516,100 1,062,500 42%
Electric Fund Capital Projects $ 6,848,400 $ 28,702,200 $ 9,086,882 32%
TOTAL CAPITAL PROJECTS $ 19,798,200 $ 54,439,500 $ 16,718,477 31%
Page 136
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Finance Department Monthly Report April 2024
Item #20.
Capital Outlay - All Divisions
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Original Budget Revised Budget Actual
Capital Outlay - By Fund
$35,000,000
$30,000,000 $28,702,200
$25,000,000
$20,000,000
$14,744,400
$15,000,000
$10,000,000 $9,086,882
$6,848,400 $6,564,300
$5,689,100 $5,248,553
$4,683,800 $4,428,600
$5,000,000
$2,576,900
$1,693,756
$689,286
$-
Original Budget Revised Budget Actual
General Fund Capital Projects Water Fund Capital Projects Wastewater Fund Electric Fund Capital Projects
Page 137
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Page 138
Item #21.
DOVER FIRE DEPARTMENT
April 2024
FIRE CHIEFS REPORT
Page 138
Page 139
Item #21.
Mayor and Council,
The Dover Fire Department responded to 142 calls in April, consisting of 1,021 personnel hours.
Members performed 26 hours of training consisting of 490 personnel-hours.
Total Personnel hours for the month of April – 1,511 Personnel hours
During the month of April, the fire department responded to several working incidents which are
listed below:
Working Fires
House fire – Delshire Development
House fire – Schoolhouse Lane
House fire - 414 Colins Drive
Hotel room fire - 1568 N. Dupont Hwy
Motor Vehicle Accidents
South Dupont Highway and Camden-Wyoming Avenue – Subjects Trapped
Promotions
Firefighter Jon Bayes has met the prerequisites and has been evaluated by the fire officers and is
now promoted to Interior Firefighter II.
The new Ladder truck has arrived! Pierce Manufacturing is sending an representative to train
firefighters on the operation of the new ladder. Once the manufacturer training is complete
members will begin driving and operating the ladder truck throughout the city to become
proficient in its operation and maneuverability. The truck will also be sent out to have
equipment mounted in the compartments and in the cab of the truck to make the apparatus user
friendly and ergonomically safe for firefighters to use.
We are changing our website links to make it more convenient for the citizens of Dover to make
donations to support the fire department. We are also changing our application process to
hopefully attract new members to join our organization.
The old ladder truck (Ladder 2) was sold to Caldwell Fire Department in Caldwell, Idaho. The
funds from the sale of the apparatus will go towards the purchase of new equipment for the new
ladder truck known as Tower 2.
During the NASCAR race the fire department provided fire protection services for the fans at
Dover Downs. Firefighters were on Dover Downs property for approximately 40 hours with an
Engine, Brush truck and UTV. Approximately 30 firefighters assisted.
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Item #21.
If you should have any questions, please contact me. Thank you for your continued support!
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Item #21.
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Item #21.
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Item #21.
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CITY OF DOVER DEPARTMENT OF POLICE Item #22.
400 SOUTH QUEEN STREET
DOVER, DELAWARE 19904
302-736-7111
Chief of Police Police Captains
THOMAS A. JOHNSON, JR. RANDY ROBBINS
Deputy Chief of Police KEVIN KOBER
DAVID E. SPICER AARON DICKINSON
June 10, 2024
Honorable Robin Christiansen, Mayor
Members of Dover City Council
City Hall
Dover, DE 19901
Mayor Christiansen and Council Members:
The following is the monthly report of Dover Police Department activities for April:
COMPLAINTS/EVENTS
YTD Totals compiled through April numbered 15,035.
This represents an increase of 1,720 from the 13,315 reported over the same period in 2023.
20,000
15,035
15,000 12,990 13,315
11,771 11,951
10,000
5,000
0
2020 2021 2022 2023 2024
CRIMINAL INVESTIGATIONS
Burglary: 10 cases reported, 3 cases cleared and 0 cases were cleared from previous months.
Robbery: 7 cases reported, 4 cases cleared and 0 cases was cleared from previous months.
Sex Assault: 0 cases reported, 0 cases cleared and 0 cases was cleared from previous months.
Homicide: 3 cases reported, 3 cases cleared and 0 cases cleared from previous months.
There were 4 Non-Criminal Death Investigations, 4 cases cleared and 0 cases cleared from previous months.
1
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Item #22.
DRUG, VICE, & ORGANIZED CRIME / STREET CRIMES UNIT ENFORCEMENT
Marijuana: 2,721.9 grams seized
Cocaine: 1,708.2 grams seized
Ecstasy: 0 doses seized
Prescription Pills: 54 doses seized
Heroin: 5.345 grams seized
Methamphetamine: 6.8 grams seized
Fentanyl: 0 grams seized
Other Rx Drugs: 0 grams/doses seized
Drug Proceeds: $25,433 seized
FIREARM SEIZURES/INSIDE CITY LIMITS
15
10 8
5 1 1
0 0 0 0 0 0 0 0 0
0
CI DVOC/STREET CRIMES PATROL SEU
HANDGUN RIFLE SHOTGUN
Firearms: 10 Handguns
TRAFFIC ENFORCEMENT
YTD Citation Totals compiled through April numbered 1,471.
This represents a decrease of 920 from the 2,391 reported over the same period in 2023.
3,000
2,600
2,500 2,321 2,391
2,096
2,000
1,471
1,500
1,000
500
0
2019 2020 2021 2022 2023
TRAFFIC CRASHES: YTD = 644
2
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Item #22.
911 CENTER ACTIVITY
Total compiled during April numbered 7,694 calls.
This represents a decrease of 121 from the 7,815 reported during the same period in 2023.
9,000
7,815 7,694
8,000
6,822 6,668
7,000
6,000
5,221
5,000
4,000
3,000
2,000
1,000
0
2020 2021 2022 2023 2024
CITY ORDINANCE SUMMONS
YTD Totals compiled through April numbered 580.
This represents a decrease of 402 from the 982 reported over the same period in 2023.
2,000 1,639
1,500 1,280
1,042 982
1,000
617 580
383 304
500 221 231
0
2020 2021 2022 2023 2024
ISSUED 1,639 1,280 1,042 982 580
PAID 617 383 221 304 231
3
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Item #22.
COMMUNITY POLICING
This proactive unit takes the lead on community engagement and supporting our community
organizations. They have administrative responsibilities and also support other departmental units,
such as patrol, during times of high work volumes or special operations with enforcement activities.
In addition to those duties, the unit accomplished the following in April:
Police Athletic League:
o Outdoor basketball at William Henry Middle School – 45 students
o Planning activity for the Day in their Boots event in July
o CPR training at Dover Middle School – 4 students
o Good behavior PAL pizza party at William Henry Middle School
o Spoke at the “Bring your child to work day” at the Dover Toll Plaza
o Planning activities for the proposed youth fishing league
Assisted with extra SRO coverage at Dover High School & the ILC
Assisted with Academy training – Public Speaking
Meet and greet with the new property manager at East Garden Lake
Participated in the Special Olympics Torch Run Meeting
Participated in the Habitat for Humanity Ground Breaking at 53 S. New Street
Participated in the Chatham Cove HOA meeting
Community Response Vehicle:
o Visit to Manchester Square with K9 Roy’s participation
o Visit to Liberty Court with K9 Roy’s participation
Participated in Coffee with a Cop at the Delaware Islamic Society
Delivered traffic control assistance to the Duathlon held at Schutte Park
Visit with the Safety Patrol at East Dover Elementary
Provided a building tour for the DTCC Law Enforcement degree students
Handled at Lethal Violence Protection Order service on Oakmont Street (BHU)
Handled a Criminal Mischief situation at New and Reed Streets
Provided traffic enforcement at Independence & S. Farmview – Stop Sign violations
NASCAR Weekend activities
Conducted property checks at 132 S. New St., 120 S. Governors Ave., Old Post Office,
Minor Street Alley, & Loockerman Street
Community Outreach to address ongoing concerns at the Woodmill Apartments
Assisted Patrol Units during major incidents, high 911 call volume and/or low staffing
Training events included SORT members monthly obligations, Joint SORT/CNT training,
and firearms qualifications
The BHU made contact with 86 individuals and took official action to provide services to 56
of them. 27 were mental health supports and 29 were substance abuse referrals.
Members of the CPU attend numerous meetings with community associations and organizations as a
part of our ongoing liaison relationships.
CHIEF’S ADVISORY COMMITTEE
The Police Chief’s Advisory Committee (PCAC) is comprised of nine (9) diverse stakeholders
living/working in the City of Dover. It meets regularly to provide input/feedback to the Chief on the
various operations of the agency.
4
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Item #22.
The Committee met on April 11th as scheduled. The meeting began with a discussion related to
retaining members on the youth sub-committee. The problem continues with other school activities
conflicting with participation in the sub-committee. This is particularly true in the case of members of
the senior class. Discussion ensued on the feasibility of recruiting from the Middle School zone to
ensure adequate participation as each student moves through their high school career.
Sgt. Lynch brought the Behavioral Health Unit to the meeting to review the first two years of operations
and report on the status of substance use, mental health, and homelessness in and around the city. In
short, the problem persists of certain resource agencies offering more than they can realistically provide.
This is especially true on weekends and after hours on week days. Dover has the added stress of being
the hub for State level resource but limited capacity for those that migrate to the city looking for
resources. The Unit continues to modify their approach as they learn about the variables that impact
their success.
New committee members were discussed, including Dr. Charlisa Edelin of Delaware State University.
As the Advisory committee is in the process of becoming a formal city entity, Dr. Edelin will be the first
to occupy a seat reserved for DSU as the DSUPD will be covered by the incoming formal board. It was
also decided to extend an invitation to Mr. Robby Sheehan to attend the May meeting. He is part of the
leadership team at BBSI and was recommended by the business community.
PROGRAMS AND INITIATIVES
The Police Academy – Session 7 continues on schedule. Of the five (5) Dover PD candidates
that started the program, three (3) remain. One candidate left at his own request and the other
had to separate from the class due to health reasons. Field training continues for the new Dover
PD Officers who graduated Session 6 in March. Two certified officers have expressed interest
in transferring to Dover and those applications are being evaluated.
The 100th Anniversary committee has selected September 12, 2025 for the Gala to celebrate our
centennial year. We are still in search of photos and physical items that illustrate our history. It
is anticipated that there will be a short ceremony in March to observe the actual anniversary.
Details to follow.
Dover PD joined with City Manager Hugg to engage the sponsor of HB 55 and the issues
connected to the proposed Homeless Bill of Rights. The key issues related to the impact the
legislation would have in the Dover area were discussed. As anticipated, based in part on this
meeting, adjustments to the language occurred. The legislation is still under consideration by
the full State Assembly.
A candidate for one of the open positions for Parking Enforcement had a favorable interview
and an offer of employment was extended. As the onboarding process begins, the search
continues for a candidate for the remaining open position.
The Department is supporting the effort of the Office of Highway safety to identify Federal
Traffic Safety grant priorities for Kent County in advance of the upcoming Federal FY25 budget
cycle.
With a focus solely on the venue and the campgrounds, there were no significant incidents to
report in relation to NASCAR weekend. Traffic was more congested in the general area due to
the higher than anticipated attendance for the race and associated activities.
5
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Please visit our website at www.doverpolice.org for up to date information on crimes and activitiesItem #22.
in the City of Dover.
Respectfully Submitted,
Thomas A. Johnson, Jr.
Chief of Police
6
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Item #48.
CITY OF DOVER, DELAWARE
ACTION FORM
MEETING: City Council MEETING DATE: June 10, 2024 Meeting
DEPARTMENT OF ORIGIN: Planning, Inspections and Community Development
PREPARED BY: Dawn Melson-Williams, Principal Planner SUBMITTED: June 5, 2024
SUBJECT: Luther Village IV: Planned Neighborhood Design – Senior Citizen Housing Option
Concept Plan (General Sketch Plan)
REFERENCES:
MI-24-06 Luther Village IV: PND-SCHO Concept Plan Review by City Council
Dover Code of Ordinances, Appendix B: Zoning (known as Zoning Ordinance)
2019 Comprehensive Plan
RELATED PROJECTS: C-02-02 Luther Village PND-SCHO (Conditional Use Master Plan);
S-03-07 Luther Village: PND-SCHO Phase 1; S-07-10 Luther Village: PND-SCHO Phase 2;
MI-23-08 Luther Village III: PND-SCHO Concept Plan; C-13-03 Luther Village: PND-SCHO
(Conditional Use Master Plan) and Phase 3 – Site Plan and Subdivision Plan; C-19-05 Luther
Village Parking Lot Expansion
EXHIBITS:
• Sketch Plan for Luther Village IV: Planned Neighborhood Design – Senior Citizen
Housing Option
• Letter dated May 21, 2024 from Landmark Science & Engineering (Project Engineer on
behalf of the Martin Luther Foundation of Dover)
TIMETABLE:
• The Planned Neighborhood Design Option (PND) review process consists of at least two
review steps which involve the City Council and then the Planning Commission. This is
the first of the steps.
STAFF RECOMMENDATION:
The City Council shall determine whether or not the proposed project known as the Luther Village
IV: Planned Neighborhood Design – Senior Citizen Housing Option is of such a design and type
that warrants further review by the Planning Commission. If the City Council determines that
further review is warranted, the project should be referred to the Planning Commission and
Conditional Use Application filed for review. Planning Staff recommends that Luther Village IV:
Planned Neighborhood Design – Senior Citizen Housing Option be referred to the Planning
Commission for further review.
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City Council Meeting June 10, 2024 Item #48.
Action Form on MI-24-06 Luther Village PND-SCHO Concept Plan Referral Page 2 of 4
BACKGROUND AND ANALYSIS
Property Development History
Previous Applications for Luther Village PND-SCHO:
The subject site for Luther Village is located east of John Hunn Brown Road and west of the
continuation of Babb Drive in Dover, Delaware. This area is northeast of and adjoining the Dover
Crossing Shopping Center (Target and Safeway). The subject site was originally part of a 122.3+/-
acre property previously proposed as the Amberfield Subdivision. A Minor Lot Line Adjustment
plan recorded on May 30, 2002 created a thirty-four (34) acre parcel for the Luther Village PND:
Senior Citizen Housing Option project. The remaining area was approved for a separate residential
development with the application for Clearview Meadow: Planned Neighborhood Design (C-04-
01 and SB-04-04). Access to the Luther Village site is provided via Babb Drive from John Hunn
Brown Road or from the street network of the adjacent Clearview Meadow subdivision that also
leads to Babb Drive.
Overall, the proposed Luther Village Planned Neighborhood Design-Senior Citizen Housing
Option Plan encompasses a total of nine (9) development phases with eight (8) apartment
buildings and a town center building for the senior citizen community. The project consists of a
proposal for at least 477 apartment units (as shown on Plan) and the constructed and associated
road system, parking, open space, and stormwater management areas. Each phase typically
consists of an apartment building, associated parking lots, stormwater management elements,
active recreation areas such as walking trails, and open space landscaping.
As completed to date, Luther Village Phase 1 (Application S-03-07) involved the southwest
portion of the Luther Village site for a 68-unit apartment building, active recreation walking trail
area and with the stormwater management located in the northwest corner of the site. As
completed, Luther Village Phase 2 consists of a 32-unit apartment building (S-07-10). In Luther
Village Phase 3, a 48-unit apartment building connected to a one story resident activity room
building was constructed (C-13-03). A separate Site Plan in 2019 developed a separate Parking
Lot near Buildings 2 and 3 to address parking needs of the site (C-19-05). Therefore, there are 148
existing apartment units on the property.
Current Application (MI-24-06):
Due to lack of recent construction activity, the Plan approval for the overall Master Plan for the
Luther Village Planned Neighborhood Design-Senior Citizen Housing Option has lapsed. This
submission restarts the process for approval of the project Master Plan. For Luther Village PND-
SCHO Phase IV, a 48-unit apartment building is proposed. The Concept/Sketch Plan (dated
5/21/2024) also depicts the layout for continuation of the internal loop drive, the existing and
proposed apartment buildings, a town center building, parking, stormwater management, walking
trails systems, etc. The applicant has submitted a Sketch Plan Narrative Letter dated May 21, 2024
and a Concept/Sketch Plan set showing the overall Luther Village PND-SCHO (as existing and
proposed). See Attachments.
Planned Neighborhood Design - Senior Citizen Housing Option
The applicant is seeking approval under the Planned Neighborhood Design Ordinance for the
Senior Citizen Housing Option (see Zoning Ordinance, Article 3, Section 24.1 (b)). The
Ordinance sets forth a two or three-step review and approval process. In the first step, the
developer shall meet with the City Council and present a general sketch plan per Zoning
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City Council Meeting June 10, 2024 Item #48.
Action Form on MI-24-06 Luther Village PND-SCHO Concept Plan Referral Page 3 of 4
Ordinance, Article 3 Section 24.2. The City Council shall determine whether or not the
proposed project is of such a design and type that warrants further review by the Planning
Commission.
If the City Council determines that further review is warranted, then the project shall proceed to
the second step which is a more detailed Conditional Use Site Plan review and public hearing
process before the Planning Commission. A third review step with the Planning Commission may
be required depending on the type, physical size, and complexity of the project application. This
submission to City Council represents the first step in the review process for the Luther Village IV
PND-SCHO.
The PND: Senior Citizen Housing Option is permitted all zoning classifications (with the
exception of the M, IPM and C-4 zoning classifications) as a conditional use. Article 3 §24.1b
notes that “preference shall be given to those projects which are within close proximity to public
transit services, and which are situated within one-quarter (1/4) mile of a grocery store, pharmacy,
restaurant, physician offices, senior center or similar convenience service establishment.” The
PND: Senior Citizen Housing Option is intended to “…encourage the development of high quality
housing opportunities design to accommodate the particular needs of senior citizens” by allowing
the Planned Neighborhood Design Option through the Conditional Use process. The PND must
present a community design that is in accordance with the goals and policies of the Comprehensive
Plan. The Sketch Plan shall reflect the general layout of streets, open space, and housing areas
and types.
Comprehensive Plan Recommendations
The City of Dover 2019 Comprehensive Plan as amended recommends that this property be
utilized for Residential High Density development. As described in the Comprehensive Plan, High
Density involves a development pattern of eight or more dwelling units (pages 12-6 and 12-7).
The Luther Village project is noted as an example of development for Residential High Density.
The proposed Luther Village project involves a site density of over 14 dwelling units per acre.
The Comprehensive Plan also establishes stated goals for various types of land uses within the
City limits. The stated goal for Residential Land Uses is “to develop and maintain an adequate
supply of housing of varying type, size, and densities that are aesthetically pleasing and located
within neighborhoods designed or redesigned to promote convenience, conservation, and access
to the greater community, but which are properly buffered through distance and landscaping from
incompatible land uses” (see page 12-3). A Policy is to “encourage high density residential
development in infill areas that are near essential services, public transit, and employment
opportunities.” One of the goals outlined in Chapter 11 – Housing & Community Development is
to “Encourage Balanced Housing Opportunities for all Residents of the City” which also includes
references to affordable housing.
The Comprehensive Plan also acknowledges the fact that the residents aged 65+ is a rapidly
growing segment of the population that will require more specialized services (page 3-5). This
trend was also identified in previous Comprehensive Plans and in response, a previous
Comprehensive Plan implementation strategy recommended the development of a Zoning Code
amendment permitting Senior Citizen housing developments near the community services and
transit routes that senior citizens depend upon. As a result, the Planned Neighborhood Design:
Senior Citizen Housing Option Ordinance was developed and adopted by City Council on July 14,
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City Council Meeting June 10, 2024 Item #48.
Action Form on MI-24-06 Luther Village PND-SCHO Concept Plan Referral Page 4 of 4
1997. Multiple projects have utilized these provisions including the Luther Village project’s
Phases 1, 2, and 3. This project for Luther Village IV is being developed following the Senior
Citizen Housing Option of the Planned Neighborhood Design.
Summary Comments
It is important to keep in mind that this proposal does not involve a rezoning of the land. The
Planned Neighborhood Design – Senior Citizen Housing Option is plan specific. The land would
remain zoned RG-2 (General Residence Zone). The PND option allows for a greater variety of
housing types and allows for commercial uses while requiring 25% open space. Also, by the
Zoning Ordinance provisions, in the PND: SCHO the units shall be deed restricted to require that
the head of household for each housing unit be at least 55 years of age or older. This continuation
of the Luther Village PND-SCHO project proposes the construction of apartment buildings as the
housing unit style.
The Planning Staff recommends this Concept (Sketch) Plan be forwarded to the Planning
Commission for further review and consideration through the Conditional Use process. It is
important to note this report provides a summary of the project and does not represent Conditional
Use/Site Plan review commentary. A detailed Plan review for code compliance and design
considerations is performed through the Conditional Use Site Plan Review process for a Planned
Neighborhood Design – Senior Citizen Housing Options.
Advisory Comments to Applicant:
Should City Council choose to forward this proposal on to the Planning Commission for
Conditional Use review, the applicant shall prepare the Conditional Use Site Plan submission in
accordance with the requirements set forth in Article 3, Section 24 and Article 10, Section 1 of the
City of Dover Zoning Ordinance. The act of forwarding a proposal to the Planning Commission
for further review is not intended to represent, nor shall it be construed to mean that the project is
approved. The approval authority over Conditional Use applications rests with the Planning
Commission.
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Item #48.
May 21, 2024 C 1243-7
Dover City Council
City of Dover, Delaware
15 Loockerman Plaza
Dover, DE 19901
SUBJECT: LUTHER VILLAGE PHASE IV
SKETCH PLAN NARRATIVE
Dear Council:
This Sketch Plan is being submitted to respectfully consider Phase 4 of the Senior Housing
Development known as Luther Village as part of a Planned Neighborhood Design (PND) –
Senior Citizen Housing Option plan. Phases 1, 2 and 3 were approved under this same option,
however, the “Master Plan” for the undeveloped phases 4-9 has expired per City Code and must
regain approval to pursue the PND.
The Martin Luther Foundation of Dover currently has a lengthy waiting list to obtain occupancy
to the facility and is seeking several time sensitive sources of funding to assist in financing the
additional 72 housing units proposed by Phase 4. Your consideration in this matter is greatly
appreciated.
If you should have any questions or comments, please contact our office.
Very truly yours,
Craig M. Lynch, P.E.
Project Engineer
Enclosure
cc: Kim Mendoza, Director, Martin Luther Foundation of Dover
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----
THIS DRAWING AND THE DESIGN 200 CONTINENTAL DRIVE
SHOWN ARE THE EXCLUSIVE APPLICATION NO. XXXX-XXXX(S)
PROPERTY OF LANDMARK SUITE 400
SCIENCE AND ENGINEERING AND NEWARK, DE 19713 SKETCH PLAN
SHALL NOT BE ALTERED OR PHONE (302) 323-9377
COPIED WITHOUT WRITTEN FAX (302) 323-9461 FOR
PERMISSION.
0 WWW.LANDMARK-SE.COM
INFO @ LANDMARK-SE.COM
THIS DRAWING DOES NOT INCLUDE
LUTHER VILLAGE IV
GRAPHIC SCALE NECESSARY COMPONENTS FOR
CONSTRUCTION SAFETY.
EAST DOVER HUNDRED - KENT COUNTY, DELAWARE
P.O. BOX 299
Landmark PERRYVILLE, MD 21903 OWNER DEVELOPER
ALL CONSTRUCTION MUST BE DONE MARTIN LUTHER FOUNDATION OF DELAWARE, INC. LUTHER VILLAGE IV OF DOVER
IN COMPLIANCE WITH PHONE (410) 939-2144
THE OCCUPATIONAL SAFETY AND
Science & Engineering FAX (302) 323-9461 XXXXXXXX XXXXXXXX
CX-01 HEALTH ACT OF 1970 AND INFOMD @ LANDMARK-SE.COM XXXXXXXX XXXXXXX
THE RULES AND REGULATIONS (XXX) XXX-XXXX (XXX) XXX-XXXX
THERETO APPURTENANT
FILE NAME: C1243-7 EXPLOR-SET.dwg
C 2024 LANDMARK SCIENCE & ENGINEERING
Page 155 Item #48.
Page 156
P:\C1243 LUTHER VILLAGE\C1243-7 RECORD AND CONSTRUCTION PLANS\PLANS\EXPLOR\C1243-7
EXPLOR-SET.DWG
MATCH LINE SEE SHEET CX-05 OF 05
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MATCH LINE SEE SHEET CX-03 OF 05
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PROPOSED FENCE EXISTING BUILDING
PROPOSED BUILDING
WALKING PATH
EXISTING FIRE HYDRANT
PROPOSED FIRE HYDRANT EXISTING P.C.C. SIDEWALK
PROPOSED HANDICAP RAMP PROPOSED P.C.C. SIDEWALK
PROPOSED BUILDING SETBACK EXISTING VERTICAL P.C.C. CURB
PROPOSED P.C.C. CURB TYPE 1-6
CX-04 CX-03
PROPOSED STORMWATER MANAGEMENT AREA
1"=400'
REVISIONS CHECKED
DRAWN BY: CML SCALE: 1"=30' THIS DRAWING AND THE DESIGN BY
200 CONTINENTAL DRIVE APPLICATION NO. XXXX-XXXX(S)
SHOWN ARE THE EXCLUSIVE
DATE: 05/21/2024 PROPERTY OF LANDMARK SUITE 400
DESIGN BY: CML
SCIENCE AND ENGINEERING AND NEWARK, DE 19713 SKETCH PLAN
SHALL NOT BE ALTERED OR PHONE (302) 323-9377
CHECK BY: DML SHEET: CX-02OF 05 COPIED WITHOUT WRITTEN FAX (302) 323-9461 FOR
PERMISSION.
0 15 30 60 WWW.LANDMARK-SE.COM
INFO @ LANDMARK-SE.COM
THIS DRAWING DOES NOT INCLUDE
LUTHER VILLAGE IV
GRAPHIC SCALE NECESSARY COMPONENTS FOR
CONSTRUCTION SAFETY.
EAST DOVER HUNDRED - KENT COUNTY, DELAWARE
P.O. BOX 299
Landmark PERRYVILLE, MD 21903 OWNER DEVELOPER
COMMISSION: ALL CONSTRUCTION MUST BE DONE MARTIN LUTHER FOUNDATION OF DELAWARE, INC. LUTHER VILLAGE IV OF DOVER
IN COMPLIANCE WITH PHONE (410) 939-2144
C1243-7 THE OCCUPATIONAL SAFETY AND
Science & Engineering FAX (302) 323-9461 XXXXXXXX XXXXXXXX
CX-02 HEALTH ACT OF 1970 AND INFOMD @ LANDMARK-SE.COM XXXXXXXX XXXXXXX
THE RULES AND REGULATIONS (XXX) XXX-XXXX (XXX) XXX-XXXX
THERETO APPURTENANT
FILE NAME: C1243-7 EXPLOR-SET.dwg
C 2024 LANDMARK SCIENCE & ENGINEERING
Page 156 Item #48.
Page 157
P:\C1243 LUTHER VILLAGE\C1243-7 RECORD AND CONSTRUCTION PLANS\PLANS\EXPLOR\C1243-7
EXPLOR-SET.DWG
MATCH LINE SEE SHEET CX-02 OF 05
WALKING PATH
MATCH LINE SEE SHEET CX-04 OF 05
N
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RT
H
FH FH
KEY MAP
CX-05
CX-02
LEGEND
EXISTING FENCE
PROPOSED FENCE EXISTING BUILDING
PROPOSED BUILDING
WALKING PATH
EXISTING FIRE HYDRANT
PROPOSED FIRE HYDRANT EXISTING P.C.C. SIDEWALK
PROPOSED HANDICAP RAMP PROPOSED P.C.C. SIDEWALK
PROPOSED BUILDING SETBACK EXISTING VERTICAL P.C.C. CURB
PROPOSED P.C.C. CURB TYPE 1-6
CX-04 CX-03
PROPOSED STORMWATER MANAGEMENT AREA
1"=400'
REVISIONS CHECKED
DRAWN BY: CML SCALE: 1"=30' THIS DRAWING AND THE DESIGN BY
200 CONTINENTAL DRIVE APPLICATION NO. XXXX-XXXX(S)
SHOWN ARE THE EXCLUSIVE
DATE: 05/21/2024 PROPERTY OF LANDMARK SUITE 400
DESIGN BY: CML
SCIENCE AND ENGINEERING AND NEWARK, DE 19713 SKETCH PLAN
SHALL NOT BE ALTERED OR PHONE (302) 323-9377
CHECK BY: DML SHEET: CX-03OF 05 COPIED WITHOUT WRITTEN FAX (302) 323-9461 FOR
PERMISSION.
0 15 30 60 WWW.LANDMARK-SE.COM
INFO @ LANDMARK-SE.COM
THIS DRAWING DOES NOT INCLUDE
LUTHER VILLAGE IV
GRAPHIC SCALE NECESSARY COMPONENTS FOR
CONSTRUCTION SAFETY.
EAST DOVER HUNDRED - KENT COUNTY, DELAWARE
P.O. BOX 299
Landmark PERRYVILLE, MD 21903 OWNER DEVELOPER
COMMISSION: ALL CONSTRUCTION MUST BE DONE MARTIN LUTHER FOUNDATION OF DELAWARE, INC. LUTHER VILLAGE IV OF DOVER
IN COMPLIANCE WITH PHONE (410) 939-2144
C1243-7 THE OCCUPATIONAL SAFETY AND
Science & Engineering FAX (302) 323-9461 XXXXXXXX XXXXXXXX
CX-03 HEALTH ACT OF 1970 AND INFOMD @ LANDMARK-SE.COM XXXXXXXX XXXXXXX
THE RULES AND REGULATIONS (XXX) XXX-XXXX (XXX) XXX-XXXX
THERETO APPURTENANT
FILE NAME: C1243-7 EXPLOR-SET.dwg
C 2024 LANDMARK SCIENCE & ENGINEERING
Page 157 Item #48.
Page 158
P:\C1243 LUTHER VILLAGE\C1243-7 RECORD AND CONSTRUCTION PLANS\PLANS\EXPLOR\C1243-7 EXPLOR-SET.DWG
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MATCH LINE SEE SHEET CX-03 OF 05
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CX-05
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EXISTING FENCE
PROPOSED FENCE EXISTING BUILDING
PROPOSED BUILDING
WALKING PATH
EXISTING FIRE HYDRANT
PROPOSED FIRE HYDRANT EXISTING P.C.C. SIDEWALK
PROPOSED HANDICAP RAMP PROPOSED P.C.C. SIDEWALK
PROPOSED BUILDING SETBACK EXISTING VERTICAL P.C.C. CURB
PROPOSED P.C.C. CURB TYPE 1-6
CX-04 CX-03
PROPOSED STORMWATER MANAGEMENT AREA
1"=400'
REVISIONS CHECKED
DRAWN BY: CML SCALE: 1"=30' THIS DRAWING AND THE DESIGN BY
200 CONTINENTAL DRIVE APPLICATION NO. XXXX-XXXX(S)
SHOWN ARE THE EXCLUSIVE
DATE: 05/21/2024 PROPERTY OF LANDMARK SUITE 400
DESIGN BY: CML
SCIENCE AND ENGINEERING AND NEWARK, DE 19713 SKETCH PLAN
SHALL NOT BE ALTERED OR PHONE (302) 323-9377
CHECK BY: DML SHEET: CX-04OF 05 COPIED WITHOUT WRITTEN FAX (302) 323-9461 FOR
PERMISSION.
0 05 30 60 WWW.LANDMARK-SE.COM
INFO @ LANDMARK-SE.COM
THIS DRAWING DOES NOT INCLUDE
LUTHER VILLAGE IV
GRAPHIC SCALE NECESSARY COMPONENTS FOR
CONSTRUCTION SAFETY.
EAST DOVER HUNDRED - KENT COUNTY, DELAWARE
P.O. BOX 299
Landmark PERRYVILLE, MD 21903 OWNER DEVELOPER
COMMISSION: ALL CONSTRUCTION MUST BE DONE MARTIN LUTHER FOUNDATION OF DELAWARE, INC. LUTHER VILLAGE IV OF DOVER
IN COMPLIANCE WITH PHONE (410) 939-2144
C1243-7 THE OCCUPATIONAL SAFETY AND
Science & Engineering FAX (302) 323-9461 XXXXXXXX XXXXXXXX
CX-04 HEALTH ACT OF 1970 AND INFOMD @ LANDMARK-SE.COM XXXXXXXX XXXXXXX
THE RULES AND REGULATIONS (XXX) XXX-XXXX (XXX) XXX-XXXX
THERETO APPURTENANT
FILE NAME: C1243-7 EXPLOR-SET.dwg
C 2024 LANDMARK SCIENCE & ENGINEERING
Page 158 Item #48.
Page 159
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EXISTING FENCE
PROPOSED FENCE EXISTING BUILDING
PROPOSED BUILDING
WALKING PATH
EXISTING FIRE HYDRANT
PROPOSED FIRE HYDRANT EXISTING P.C.C. SIDEWALK
PROPOSED HANDICAP RAMP PROPOSED P.C.C. SIDEWALK
PROPOSED BUILDING SETBACK EXISTING VERTICAL P.C.C. CURB
PROPOSED P.C.C. CURB TYPE 1-6
CX-04 CX-03
PROPOSED STORMWATER MANAGEMENT AREA
1"=400'
REVISIONS CHECKED
DRAWN BY: CML SCALE: 1"=30' THIS DRAWING AND THE DESIGN BY
200 CONTINENTAL DRIVE APPLICATION NO. XXXX-XXXX(S)
SHOWN ARE THE EXCLUSIVE
DATE: 05/21/2024 PROPERTY OF LANDMARK SUITE 400
DESIGN BY: CML
SCIENCE AND ENGINEERING AND NEWARK, DE 19713 SKETCH PLAN
SHALL NOT BE ALTERED OR PHONE (302) 323-9377
CHECK BY: DML SHEET: CX-05OF 05 COPIED WITHOUT WRITTEN FAX (302) 323-9461 FOR
PERMISSION.
0 05 30 60 WWW.LANDMARK-SE.COM
INFO @ LANDMARK-SE.COM
THIS DRAWING DOES NOT INCLUDE
LUTHER VILLAGE IV
GRAPHIC SCALE NECESSARY COMPONENTS FOR
CONSTRUCTION SAFETY.
EAST DOVER HUNDRED - KENT COUNTY, DELAWARE
P.O. BOX 299
Landmark PERRYVILLE, MD 21903 OWNER DEVELOPER
COMMISSION: ALL CONSTRUCTION MUST BE DONE MARTIN LUTHER FOUNDATION OF DELAWARE, INC. LUTHER VILLAGE IV OF DOVER
IN COMPLIANCE WITH PHONE (410) 939-2144
C1243-7 THE OCCUPATIONAL SAFETY AND
Science & Engineering FAX (302) 323-9461 XXXXXXXX XXXXXXXX
CX-05 HEALTH ACT OF 1970 AND INFOMD @ LANDMARK-SE.COM XXXXXXXX XXXXXXX
THE RULES AND REGULATIONS (XXX) XXX-XXXX (XXX) XXX-XXXX
THERETO APPURTENANT
FILE NAME: C1243-7 EXPLOR-SET.dwg
C 2024 LANDMARK SCIENCE & ENGINEERING
Page 159 Item #48.
Page 160
Item #49.
AN AGREEMENT
BETWEEN THE
DOVER POLICE DEPARTMENT MEMBERS
FRATERNAL ORDER OF POLICE LODGE #15
AND THE
CITY OF DOVER, DELAWARE
JULY 1, 2024 - JUNE 30, 2026
Page 160
Page 161
Item #49.
TABLE OF CONTENTS
Page
ARTICLE I : GENERAL ....................................................................................................................... 4
1.1 Purpose of the Agreement ............................................................................................................. 4
1.2 Term of the Agreement ................................................................................................................. 4
1.3 Recognition ................................................................................................................................... 4
1.4 Union Security .............................................................................................................................. 4
1.5 Checkoff........................................................................................................................................ 5
1.6 Savings Clause .............................................................................................................................. 5
1.7 Management .................................................................................................................................. 5
1.8 Maintenance of Standards ............................................................................................................. 6
1.9 Incorporating More Liberal Benefits............................................................................................. 6
1.10 No Strike/No Lockout ................................................................................................................... 6
1.11 Reduction in Force & Recall ......................................................................................................... 6
1.12 Grievance Procedure ..................................................................................................................... 7
ARTICLE II : SALARIES AND ALLOWANCES.............................................................................. 8
2.1 Regular Salaries............................................................................................................................. 8
2.2 Overtime Pay................................................................................................................................. 8
2.3 Standby Pay................................................................................................................................... 9
2.4 Court Pay....................................................................................................................................... 9
2.5 Shift Differential ......................................................................................................................... 10
2.6 Clothing Allowance (Non-Uniform) ........................................................................................... 10
2.7 Contract Cleaning (Uniform and Non-Uniform)......................................................................... 10
2.8 Shoe Allowance (Uniform and Non-Uniform) ........................................................................... 11
2.9 Bi-weekly Pay ............................................................................................................................. 11
2.10 Holidays ...................................................................................................................................... 11
2.11 Field Training Officer Duty ........................................................................................................ 11
2.12 Compensatory Time .................................................................................................................... 11
ARTICLE III : OTHER BENEFITS .................................................................................................. 12
3.1 Damage of Personal Property ...................................................................................................... 12
3.2 Police Conventions ..................................................................................................................... 12
3.3 Health Care Insurance ................................................................................................................. 12
3.4 Vision Care Insurance ................................................................................................................. 13
3.5 Optional Dental Insurance........................................................................................................... 13
3.6 Professional Liability Insurance .................................................................................................. 13
3.7 Work Week ................................................................................................................................. 13
3.8 Assigned Day Off........................................................................................................................ 14
3.9 Education Incentive Program ...................................................................................................... 14
3.10 Vacation ...................................................................................................................................... 14
3.11 Vacation "Sell Back" ................................................................................................................... 14
3.12 Police Pension Plan ..................................................................................................................... 15
3.13 Physical Fitness Standard ............................................................................................................ 15
3.14 Weather Emergency .................................................................................................................... 15
Page 161
Page 162
Item #49.
3.15 Benefits in Effect......................................................................................................................... 15
3.16 Acting Out of Title ...................................................................................................................... 22
3.17 Motor Vehicle Record ................................................................................................................. 22
3.18 Body Worn Cameras ................................................................................................................... 22
Page 162
Page 163
Item #49.
AGREEMENT
THE AGREEMENT, entered into this day of 2024 by and between the CITY OF
DOVER, a Municipal Corporation of the State of Delaware, hereinafter referred to as the "CITY" or as the
"EMPLOYER", and the DOVER POLICE DEPARTMENT MEMBERS FRATERNAL ORDER OF
POLICE LODGE #15 AND THEIR ELECTED REPRESENTATIVES, hereinafter referred to as the
"UNION", MEMBERS, "EMPLOYEES", or FOP, WITNESSETH:
ARTICLE I: GENERAL
Purpose of the Agreement
It is the purpose of this Agreement to achieve better understanding between the EMPLOYER and the
EMPLOYEES: to provide for equitable adjustment of differences which arise; and to establish
compatible employment relations.
Term of the Agreement
The terms of this Agreement shall become effective on July 1, 2024 unless otherwise noted, and shall
continue in effect until June 30, 2026 provided, however, this Agreement shall remain in force and
in effect until a new Agreement is entered into between the parties hereto. This Agreement shall be
binding on the successors of the parties hereto. Negotiations for a successive agreement shall begin
the first week of January 2026.
Recognition
The City recognizes and acknowledges the Fraternal Order of Police Lodge #15 as the exclusive
bargaining representative for all employees in the classification of sworn police officer below the
rank of Major. The bargaining unit covered hereunder shall be as follows: all full-time sworn Dover
police officers at and below the rank of Captain.
Union Security
All employees who are members of the Union shall pay to the Union the Union’s regular and
usual initiation fees and its regular and usual dues. For present employees who become members
of the Union, such payments shall commence thirty-one (31) days following the effective date or
the date of execution of this Agreement, whichever is the latter, and for new employees, the
payment shall start thirty-one (31) days following the date of employment.
All employees who choose not to become Union members may pay to the Union an amount of
money equal to that paid by other employee members’ regular and usual dues. The Union agrees
to assume full responsibility for compliance with all laws applicable to service fee payors.
The City of Dover and Chief of Police agrees not to hire lateral sworn members of the
department to any sworn position within the rank structure of the police department, except entry
level. This provision does not pertain to the position of Chief of Police.
4 Page 163
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Item #49.
In the event the Chief of Police is hired from a source outside of the ranks of the City of Dover
Police Department, the incoming Chief shall not be subject to any policy provisions that relate to
maximum age of hire or minimum age of retirement.
Checkoff
The City agrees to deduct, upon written authorization of the employee, from the pay of such
employee members of the Union, the dues, initiation fees and/or uniform assessments of the
Union and agrees to remit to the Union all such deductions prior to the end of the month for
which the deductions are made.
The City agrees to deduct, upon written authorization of the employee, from the pay of such
employee non-members of the Union, an amount equal to the regular and usual dues paid by
members. The City agrees to remit to the Union all such deductions prior to the end of the month
for which the deduction is made.
Checkoff shall be deducted on a biweekly basis.
Where an employee who is on checkoff is not on the payroll during the week in which the
deduction is to be made or has no earnings or insufficient earnings during that week or is on leave
of absence, the employee must make arrangements with the Union and/or the City to pay such
dues in advance.
The City will recognize the authorization for deductions from wages, if in compliance with State
Law, to be transmitted to the Union.
The Union shall indemnify and hold the City, its employees and officers, harmless against any
and all claims, demands, suits and other forms of liability that shall arise out of or by reason of
any action taken or not taken by the City for the purpose of complying with any of the provisions
of this section on Union Recognition, Union Membership, and Deduction of Union Dues or
service fees.
Savings Clause
If any provision of this Agreement is declared by legislative, judicial, or administrative authority of
the State of Delaware or the United States to be unlawful, unenforceable, or not in accordance with
applicable statutes, all other provisions of this Agreement shall remain in full force and effect for
the duration of the Agreement. The parties shall as soon as practicable open collective bargaining
to reach an agreement on substitution provision(s). The collective bargaining called for under this
section shall be subject to all of the provisions of 19 Del. C. Chapter 16.
Management
The Management of the City of Dover Police Department and the direction of all Department
personnel, including; the right to hire; assign; suspend; transfer; promote; discharge or discipline
for violation of the Rules and Regulations of the Department, duly promulgated, providing, for
such discipline and to maintain the discipline and efficiency of its members; the right to relieve
members from assignments for legitimate reasons; the right to determine the manner of operation,
and to change the methods or processes, or to use new equipment; the right to establish schedules;
to introduce new or improved methods of operation; and to extend, limit, or curtail its operations,
is vested exclusively in the Police Chief. The above statement of management functions shall
5 Page 164
Page 165
Item #49.
not be deemed to exclude other functions not listed herein. In no case shall the exercise of the
above prerogative of management be in derogation of the terms and conditions of this Agreement
or of State law.
For purposes of the implementation of any provision of this Agreement wherein authority is
vested in the Police Chief, the Police Chief may designate any member of the Department to act
on his behalf.
Maintenance of Standards
The parties agree not to eliminate any benefits expressly stated within this Agreement that are
uniformly conferred throughout the Police Department.
For the purposes of this Agreement, benefit shall be defined as any established practice or
procedure, the primary intent of which is to better the working conditions of the individual
member, rather than to enhance the operational efficiency of the Department. No procedure
which is not set forth in any rules, regulations, general or special orders, memorandum or standard
operating procedure shall be included within the meaning of this provision. Established practices
expressly stated within this Agreement that are uniformly enjoyed throughout the Police
Department shall be included herein.
For the purposes of this section, “intent” shall be ascertained by objective standards.
Incorporating More Liberal Benefits
The EMPLOYER agrees that during the terms of this Agreement, any action by the Governmental
Body of the City providing for more liberal benefits for all sworn Police officers within the Police
Department than those listed shall supersede any similar benefit provided for in this Agreement.
No Strike/No Lockout
It is agreed that during the term of this Agreement neither the Employees, its officers or its
members for any reason will authorize, institute, aid, condone, or engage in a strike.
The Employees agree to notify all of their officers and representatives of their obligation and
responsibility for maintaining compliance with this Article including their responsibility to
remain at work during any strike which may be caused or instituted by others and to encourage
employees violating Paragraph A to return to work.
The City shall have the sole and unlimited right to discipline any employee who instigates,
participates in or gives leadership to a strike.
During the term of this Agreement, the City shall not lockout any employees.
Reduction in Force & Recall
The City in its discretion shall determine whether a reduction in rank and/or layoffs are necessary.
The Union will be given two weeks advanced notice should such a determination be made. Although
not limited to the following, layoffs shall ordinarily be for lack of work and/or lack of
6 Page 165
Page 166
Item #49.
funds. Reductions in rank, when necessary, shall begin in the higher ranks with the least senior
person being set back one rank, should there be no vacancies in that lower rank the process will be
repeated until the authorized number is achieved at each rank. Layoffs, if necessary, shall begin
with those employees having the least seniority in the department. This seniority shall be based on
the employee’s years of service. If two or more employees have the same start date, the least senior
will be the employee with the highest IBM number. Employees who have been laid off shall have
recall rights for two years from the date of their layoff, in the inverse order of the layoff.
Grievance Procedure
A grievance shall be defined as any difference, dispute or complaint regarding the interpretation or
application of the terms of this Agreement. All grievances filed shall contain a concise statement of
the facts alleged to support the grievance. Grievances shall be processed in accordance with the
following procedure and shall be determined by application of the terms of this Agreement.
Discipline and appeals of disciplinary action are not subjects covered by this grievance procedure.
The aggrieved employee shall file with the Deputy Chief (Major) a written statement explaining
the grievance, the specific contract provision involved, the manner in which the contract has been
violated and the remedy sought. The aggrieved employee shall file the grievance within ten (10)
working days of the date of the grievance, or when the employee obtains knowledge or should
have obtained knowledge of its occurrence. The Deputy Chief (Major) shall discuss the grievance
with the employee and shall reply to the employee, in writing, within three (3) working days of
the meeting held with the employee.
If, after receipt of the written decision of the Deputy Chief (Major), the grievance has not been
satisfactorily resolved, the employee shall, within three (3) working days file a written appeal to
the Chief of Police. Within five (5) working days the Chief will assemble a panel to hear the
appeal. The panel will consist of the Human Resources Director, or his designee, and other such
personnel who bring appropriate knowledge/skills to the meeting. The aggrieved employee has
the right to take a FOP representative of Lodge #15 to this meeting. At such meeting, discussion
shall be limited to the issues raised in the grievance and an earnest effort shall be made to arrive
at a satisfactory resolution of the issue. Each party shall make notes of the substance of the issues
and conclusions of the meeting. The Human Resources Director and Chief of Police shall
respond in writing five (5) working days of the conclusion of the hearing.
If after receipt of the written decision of the Human Resources Director and the Chief of Police,
the grievance has not been satisfactorily resolved, or if they fail to agree the Lodge may appeal to
an impartial arbitrator by writing to the Human Resources Director not later than thirty (30) days
after the rendering of the decision or expiration of the time limit for the rendering of such
decision. No appeal shall be considered unless signed by the President of the Lodge or his
designee.
The impartial arbitrator shall be selected by the Lodge and Employer. In the event they are unable
to agree upon an impartial arbitrator within five (5) days after the request for arbitration is made
by either party, the impartial arbitrator shall be selected through and pursuant to the rules of the
American Arbitrator Association. The parties agree that arbitrator provided by the AAA shall be a
member of the National Academy of Arbitrators. The cost of the impartial arbitrator shall be
borne by the losing party. The decision of the arbitrator shall be made within thirty (30) days of
7 Page 166
Page 167
Item #49.
the closing of the hearing and shall be binding upon both parties.
The arbitrator shall have access to all written statements and documents pertaining to the appeals
in the grievance.
Within thirty (30) days after the selection of the impartial arbitrator, the arbitrator shall hold a
hearing in connection with the appeal. The employee may be represented by a representative of
his choice. Hearings need not be conducted according to technical rules relating to evidence and
witnesses: provided, however, that neither party shall be permitted to rely entirely on hearsay.
Within thirty (30) days of the conclusion of the arbitrator’s hearing, he shall certify his findings
which shall then be final.
Matters which may be grieved shall be limited to disputes or misunderstandings which may arise
between the parties concerning the application or interpretation of this Agreement.
The Lodge shall be presumed to be the authorized representative of all members of the bargaining
unit in grievance proceedings, unless an individually aggrieved employee, in writing, rejects its
representation.
Where the alleged grievance involves a matter of general application impacting on a significantly
large number of employees, the Lodge may initiate a grievance on behalf of the entire group
involved. The Lodge may raise the issue starting from Section B above. All individuals in the
group that will be affected by the grievance and its resolution shall be bound to any resolution
which is accepted by the Lodge Committee and shall not thereafter again raise the issue
individually.
ARTICLE II: SALARIES AND ALLOWANCES
Regular Salaries
Effective July 1, 2024 through and including December 31, 2025 the regular salaries of all
employees shall be in accordance with the schedule set forth in Exhibit A-1.
Effective January 1, 2026 through and including June 30, 2026, the regular salaries of all employees
shall be in accordance with the schedule set forth in Exhibit A-2.
Current review dates will remain unchanged until an employee is promoted. Upon promotion, the
individual’s review date will be changed to be on the annual anniversary of the promotion.
Overtime Pay
Overtime compensation shall be paid according to the following schedule:
1. Overtime compensation for employees working the eight (8) hour schedule shall be paid time and
one-half (1-1/2) their regular straight time rate for hours worked in excess of eight (8) hours in the
same day.
2. Overtime compensation for employees working the 12 hour schedule shall be paid time and one-
half (1-1/2) their regular straight time rate for hours worked in excess of 12 hours in the same day.
8 Page 167
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Item #49.
3. Overtime compensation for employees working schedules other than mentioned in paragraphs 1
and 2 of this section shall be paid time and one-half (1-1/2) their regular straight time rate for
hours worked in excess of their regularly scheduled daily hours.
4. Except as set forth in paragraph 5 below, overtime compensation shall be paid for hours worked
in excess of eighty (80) hours per two-week schedule.
5. Employees working a twelve (12) hour shift, who exceed 80 hours worked per two-week pay
period without exceeding their regularly scheduled work day hours, shall be paid straight time for
all hours worked above 80 up to 84 hours. This section is limited to the four (4) hour block created
by the twelve (12) hour shift.
6. Overtime payment is not authorized with respect to starting and terminating time necessary to
communicating with relief when changing shifts or receiving assignments, for unscheduled
administrative work, or for travel time from an employee’s home to his reporting station or return.
7. Payment of overtime hours shall not be pyramided, and payment shall be only for fifteen (15)
minute increments.
8. For the purposes of this Article, “hours worked” shall not include court standby.
9. It is understood that the schedules of this agency are set by the Chief of Police. The Chief of Police
retains the right to establish schedules and is not obligated to permanently maintain any other
schedule. The Chief shall meet and confer with Union leadership at a minimum of 15 calendar
days prior to the implementation of any schedule change
10. An employee’s work schedule/hours shall not be changed in order to avoid the payment of
overtime.
11. Captains will not be eligible to receive overtime pay.
Standby Pay
The EMPLOYER agrees to pay "Standby Pay", at the regular straight time rate, to those officers of
the Police Department who are scheduled to be "on-call" for the full work week. The officers shall
receive seven (7) hours straight time pay added to their regular forty (40) hours straight time for such
weeks. Any actual time called-in and worked, over and above normal hours, shall be paid at one and
one-half (1-1/2) times regular rate of pay. Overtime is not paid while traveling from and to an
EMPLOYEE'S home. The scheduling of a "Standby" roster shall be at the discretion of the Police
Chief, or his designee. Captains will not be eligible to receive standby pay.
Court Pay
Officers that have subpoenas for Kent County Superior Court, Kent County Family Court or the
Kent County Court of Common Pleas will be placed on court standby from the time on the
subpoena for a period of three hours. The officer will be paid straight time for the three hours of
court standby.
If an officer is called in for a trial, while on court standby, the officer will accrue overtime from
the start time on the subpoena to the end of the trial. If the officer is scheduled to work that
evening, then refer to “D” below.
9 Page 168
Page 169
Item #49.
In the event that as a result of his official duties, an officer is scheduled to appear in court when
he is not on assigned duty, he shall be paid a guaranteed minimum of three (3) hours pay for the
time he is required to be in court, except as noted below for the 12 hour shifts. For purposes of
this section, a "Court Appearance" shall also include required attendance at any related
proceeding in connection with official duties.
Minimum court pay will be applied the same as currently practiced except for court appearances
that occur on off duty time during the calendar day that the officer is scheduled to report for night
shift. Officers will be paid a two (2) hour court minimum on these days for any subpoena time
before 11 am. Anytime worked 11 am or after is subject to rescheduling at Management’s
discretion. Subpoenas for a time of 11 am or later are not subject to the two-hour minimum.
It is agreed that court pay is a payment for the inconvenience of reporting to court off the regular
shift, therefore a person subpoenaed prior to their assigned shift or on a day off will be
compensated the full three hours regardless of the time served. It is understood that multiple
court appearances within the three-hour period will result in only one such payment.
Persons required to attend court past the end of their shift or to coincide with the end of the shift
will be on overtime for actual hours worked. If the reporting requirement is for any time after the
end of the shift the three-hour minimum will again be in effect.
Justice of the Peace Courts shall be excluded from court pay unless it can be shown by the officer
that the court appearance was required and was completely out of his control.
Shift Differential
Shift differential shall be paid to all employees who work rotating shifts on a permanently scheduled
basis. Rotating shifts may be either two or three shifts.
Shift differential shall be paid to any employee assigned permanently to a non-rotating shift schedule
whenever majority of the employee's regularly scheduled shift hours during a pay period occur
before 8:00 a.m. and/or after 4:00 p.m.
The amount of shift differential pay shall be calculated for each hour actually worked subject to the
following schedule:
Day shift (8:00 a.m. to 4:00 p.m.) - 0 cents per hour
Evening shift (4:00 p.m. to 8:00 a.m.) - $1.50 per hour
This shift differential shall not become part of base pay and shall be paid bi-weekly.
Clothing Allowance (Non-Uniform)
All non-uniform officers of the Operations Division shall receive a $750.00 clothing allowance for
purchase of clothes in place of uniforms. Clothing Allowance shall be paid to the officer in the
month of November.
Contract Cleaning (Uniform and Non-Uniform)
The department will maintain a contract cleaning service for Officer's required suits and uniforms.
Cleaning service will be provided for 5 uniforms/suits (10 articles) in each two-week period.
10 Page 169
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Item #49.
Shoe Allowance (Uniform and Non-Uniform)
All officers receive a shoe allowance of $175.00 for the purchase and/or maintenance of their shoes.
Shoe Allowance shall be paid to the officer in the month of May.
Bi-weekly Pay
The City will maintain a bi-weekly pay period with Friday as payday. If payday falls on a holiday,
payday will be Thursday.
Holidays
A. The following days and such other days as City Council may designate are holidays with pay
for all officers covered under this Agreement.
New Year’s Day* Independence Day
Martin Luther King’s Birthday Labor Day
Washington’s Birthday* Columbus Day*
Good Friday* Veterans Day*
Memorial Day Thanksgiving Day
Christmas Day
Effective July 1, 2024, the following days and such other days as City Council may designate are
holidays with pay for all officers covered under this Agreement.
New Year’s Day Independence Day
Martin Luther King’s Birthday Labor Day
President’s Day Veterans Day
Good Friday Thanksgiving Day
Memorial Day Day After Thanksgiving
Juneteenth Christmas Day
When a holiday falls on a Saturday, a paid holiday is granted on Friday. When a holiday falls on a
Sunday, a paid holiday is granted on Monday.
Field Training Officer Duty
Members of the bargaining unit serving as a Field Training Officer (FTO) shall receive non-
pensionable compensation of $1.50 per hour for actual hours worked as a field training officer for
any field training assignment started on or after July 1, 2021. This additional compensation shall not
be used in the calculation of an overtime rate of pay and shall not become part of base pay.
Compensatory Time
Effective July 1, 2019, each officer may earn no more than 40 hours of compensatory time from
July 1 through May 31 of each year. All accumulated but unused compensatory time earned
during this period shall be cashed out prior to June 30. No compensatory time shall be earned
during the month of June. This practice will cease on June 30, 2021.
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Effective July 1, 2021 Officers are permitted to maintain a continuous balance of 40 hours of
compensatory time.
ARTICLE III: OTHER BENEFITS
Damage of Personal Property
Compensation shall be provided to EMPLOYEES when personal property is either destroyed or
damaged as a direct result of actions arising out of the officer’s performance of official duties
subject to the following procedures:
1. Within three (3) calendar days of the destruction or damage, a written report of the incident
must be filed with the supervisor, containing a copy of the Report of Investigation and the
officers report, detailing how the personal property was destroyed or damaged; a description
of the personal property; and the estimated cost of repair or replacement.
2. The personal property should, where practicable, be available for inspection. Compensation
shall not be paid without the written approval of the Chief of Police.
The repair, replacement or compensation in lieu thereof, at the Department's option, shall in any
event be limited to three hundred dollars ($300.00).
Such reimbursement will be made by the City within thirty (30) days of the completion of the
proper reporting procedures. The Officers suffering such damage agree to continue to pursue
recovery through the systems now in use, and to sign over to the City any reimbursement received
from those other sources.
Police Conventions
Upon reasonable notice, members of the Department, not to exceed three (3) persons, shall be given
time off without loss of benefits or seniority, to attend police conventions; provided that such time
off shall not exceed an aggregate of twenty-seven (27) working days per calendar year.
Health Care Insurance
The City participates in a Group Health Insurance Program and employees are entitled to select
their desired level of coverage from the options available thereunder.
For all employees, the City will pay 85% of the total monthly premium (employee, child(ren),
spouse or family coverage), regardless of plan or tier choice. The employee will be responsible
for 15% of the total monthly insurance premium, regardless of the plan or tier choice.
For employees who retire after July 1, 1991 and before July 1, 2012, the City shall pay 100% of
individual employee monthly premium. Also, the City shall pay 75% of the retiree's dependent
coverage. For employees who retire on or after July 1, 2012, the City shall pay 85% of the total
monthly premium, regardless of plan or tier choice. The retiree will be responsible for 15% of
the total monthly insurance premium.
If any change is made in the active employee's cost-sharing formula as described above, the City
will give consideration to an identical change for existing retirees.
Employees hired on or after October 9, 2015, must complete a minimum of twenty (20) years of
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service with the City of Dover in order to be eligible for retirement health care paid for by the City
of Dover. Employees retiring with a disability pension as a result of a work-related injury will be
eligible for retirement health care per this agreement.
Vision Care Insurance
The City will provide a $10 deductible eye care plan for employees. This will be an insured plan
and is subject to the terms of the plan sponsor.
Optional Dental Insurance
The City agrees to sponsor an optional, employee paid, group dental plan. The City will solicit
employee representative input to any plan design changes.
Professional Liability Insurance
The EMPLOYER agrees to secure and continue to pay premiums on a professional liability
insurance policy for the duration of this contract and for as long as such policies are commercially
available in the normal domestic insurance market. The extent of each officer’s coverage, and any
conditions concurrent with such coverage shall be set forth exclusively in the insurance policy. A
copy of the policy shall be provided to the Department, and the Lodge Secretary.
Work Week
The normal work schedule for members assigned to Patrol for the Dover Police Department shall
be the 12 hours schedule in effect as of July 1, 2014.
The normal work schedule for Criminal Investigations Unit and Drug Vice and Organized Crime
Unit shall be five (5) days per week from Monday to Friday inclusive.
For other units, members shall work a schedule as assigned by the Chief.
The Chief of Police retains the right to establish schedules and is not obligated to permanently
maintain any schedule, and is empowered to adjust work schedules as deemed necessary in the
best interest of the department
For Agreement purposes, the pay period shall begin on Sunday, 12:01 am and end 14 days later
on Saturday, 12:00 midnight.
The work day shall be considered the day the shift begins.
For purposes of determining holiday worked as it relates to the pay vs. vacation option, an officer
will be considered to have worked the holiday only if their regular shift begins on the calendar
day of the City recognized holiday. Effective January 1, 2022, the pay vs. vacation option will
cease, pay will be the only option.
Any regular shift hours worked on a holiday will be paid at straight time. The 8-hour City holiday
benefit pay shall count towards total hours worked for the pay period.
All employees are expected to be at their assigned place and ready for work at the start of their
work day as required by Rules and Regulations of the department. Lateness, for justifiable reasons
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will be excused, but habitual tardiness will not be excused. Prior arrangements for planned
absences must be made with the employee's supervisors.
Assigned Day Off
Each officer assigned and working 12-hour shifts shall be scheduled off for a single 4 hour block
during the pay period, either at the beginning or end of that officer’s assigned shift, unless requested
otherwise by the officer for hardship and with Management’s approval. If this 4-hour block cannot
be accomplished reasonably within the pay period, the resulting 4 hours will be compensated with
straight pay for hours worked.
Education Incentive Program
Employees who possess an associate’s degree shall receive an annual stipend of $700, payable on
or about December 1 of each year.
Employees who possess a bachelor’s degree shall receive an annual stipend of $1,000, payable on
or about December 1 of each year.
Payments shall not be considered overtime rates and shall not be pensionable.
Transcripts will be required for eligibility in this program.
This program is limited to one degree only.
Employees must be full-time police officers with the Department for three (3) years to be eligible.
Vacation
The City of Dover existing Vacation Policy shall remain unchanged. The table below reflects this
policy. Upon implementation by all other employee groups, leave will be recorded in fifteen (15)
minute blocks.
The term day refers to 8 hours and not the Patrol Unit’s assigned 12 hour work day.
Allowed Continuous
Service Requirement Amount of Vacation Earned Carry Over
6 months to 8 years* 1-1/4 days per month (15 days per year) 15 days
8-15 years 1-3/4 days per month (21 days per year) 21 days
15-20 years 2 days per month (24 days per year) 24 days
20 years and over 2-1/4 days per month (27 days per year) 27 days
*Upon successful completion of six month's employment, an employee shall be credited with six
days vacation time; after which vacation shall be accrued per the above schedule.
All other aspects of the plan shall remain the same.
Vacation "Sell Back"
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Effective December 2016, members shall be allowed to sell back unused vacation up to a total of
80 hours in four (4) hour increments. The payment in lieu of vacation shall be made in December
each year and paid at the rate then in effect for the individual.
This pay shall be optional. The employee must request in writing to the Chief’s office prior to the
submission of the department’s budget to reserve the option of pay in lieu of vacation in the budget.
Pay in lieu of vacation shall not be considered pay for pension purposes. No employee contribution
will be deducted, the City will not make pension contributions based on the pay and the pay shall
not be used to compute pension benefits.
Effective July 1, 2019, vacation sell back is eliminated.
Police Pension Plan
The EMPLOYEES agree that the Police Pension Plan is a non-negotiable item.
Physical Fitness Standard
The City and Union will cooperatively set a physical fitness standard and conduct an annual test.
Those who meet or exceed the standard will receive $100.
Weather Emergency
When the City Manager closes the City’s Administrative Offices due to a weather emergency, then
those employees covered under this Agreement who are required to report to work or to continue
working under the City’s inclement weather policy will be compensated on an one and one half hour
basis for each hour they actually work while City offices are closed two hours or more during the
normal work week (Monday-Friday).
The City Manager will establish the time period for the weather emergency
Benefits in Effect
Standards in effect as of the time of negotiations concerning the below listed benefits shall become
part of this Agreement:
1. Clothing and equipment issue and replacement - All uniforms and equipment required to be worn
by members will be issued and replaced as necessary by the City.
2. Bereavement - In the event of a death in the immediate family of an employee, the employee shall
be granted three (3) working days, with pay, not charged to any leave balance, to arrange for and/or
attend funeral service or related matters if the funeral is over four hundred (400) miles from the
City, the employee shall be granted five (5) working days, with pay, not charged to any leave
balance, to arrange for and/or attend funeral service or related matters. Immediate family defined:
Described as the employee’s father, mother, guardian, spouse, significant other if not married or
separated from spouse, children, step-children, father-in-law, mother-in-law, sister-in-law,
brother-in-law, brother, sister, grandparents, grandparents-in-law, grandchildren, step-father, step-
mother, or any relative that was living with the police officer.
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Payment for absences due to a death in the family will not be made in addition to sick leave
payments or holidays which may occur simultaneously.
An employee may request additional time beyond the time provided. The Chief may grant such
additional time to be charged against the employee’s sick leave.
Hours granted as bereavement time shall be counted as hours worked for the purpose of calculating
overtime and shall not be charged as vacation if the police officer is on vacation at the time of the
death.
3. Education Assistance
The City promotes continuing education if this education will better equip the employee to do
his/her job. An employee is allowed to receive reimbursement for a maximum of three (3)
courses per semester/quarter/block. This benefit is available to an employee who has
successfully completed his or her initial probationary period of employment, with the exception
of sworn police officers. Sworn police officers are eligible upon completion of six months of
employment.
To be eligible for this benefit an employee must have demonstrated during his/her full-time
regular employment with the City, prior to application, that his/her elementary and secondary
public-school training is sufficient and adequate for extended study and training and that such
informal education and training is compatible and commensurate with the employee’s chosen
extended study and training.
The employee's selected courses must be approved in writing and in advance by the Chief of
Police and the Human Resources Department. The selected courses of study must be helpful to
the employee in his or her present work and basic advancement.
The City shall reimburse the employee for tuition, laboratory fees and books. Reimbursement
will be the lower of University of Delaware in-state rates for the level and type of course taken
or the actual amounts paid for tuition.
Employees shall receive reimbursement based upon the follow schedule:
Reimbursement
Letter Grade Percentage
A 100%
B 90%
C 80%
D or F 0
Reimbursement will be based on the total qualifying expenses less any reimbursements.
Receipts and official grade verification must be provided for reimbursement.
The City shall reimburse the employee for books provided the City has the option of retaining
the books if it so desires.
An employee who takes advantage of this policy shall be required to complete at least two (2)
continuous years of employment with the City upon receiving reimbursement or shall have the
amount of the reimbursement deducted from his/her final pay check. This agreement shall not
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constitute an employment contract.
No employees shall be eligible for benefits under this policy if they are enrolled and receiving
benefits under any other Education Association Plan, such as “G.I. Bill”, LER or L.E.A.A., etc.
Officers will work with the Police Administrator, or another appropriate person assigned by the
City, to complete the necessary paperwork to apply for educational assistance to the Law
Enforcement Officers Educational reimbursement program (LER Program). The City will not
provide reimbursement if the employee did not submit the necessary paperwork to the LER
program according to the LER guidelines/timelines. The City will process payment for
educational reimbursement in due course, and when the Officer receives payment from the LER
Program, the Officer(s) will reimburse the City promptly. An employee who is approved for the
program but fails to register for courses shall be ineligible to reapply to the program without the
written approval of the Chief of Police.
For complete details on the reimbursement process, the Human Resources Department should
be contacted.
4. Dues Deduction - Upon written authorization of any employee the City shall deduct from each
Fraternal Order of Police Lodge #15 members wages the bi-weekly amount of dues as certified by
the Secretary of the Lodge and shall deliver the same to the Treasurer of the Lodge. The Fraternal
Order of Police Lodge #15 agrees that they shall hold the employer harmless against any and all
complaints, claims, judgments, or demands that may arise out of or in any way be related to
compliance by the employer with the terms of this section or in reliance by the employer upon any
document furnished to the employer by the Lodge pursuant to the provisions of this section.
5. Pre-employment Requirements - Each person to whom employment with the City is offered may
be required to pass a pre-employment physical successfully and complete a background check and
drug test at a City designated medical facility at the City’s cost, before an appointment to such
employment becomes effective. For a person offered employment with the City of Dover as a
uniformed Police Officer, he or she will be required to pass a pre-employment physical at the
City’s cost.
6. Annual Service Awards - The City shall provide a Service Award Program to recognize employees
for continuous and loyal service.
7. Veterans Administration Training Approval
8. Sick Leave including Terminal Leave and Retirement Credit will continue to be administered per
the employee handbook dated July 2004 except as detailed here. Upon implementation by all
other employee groups, leave will be recorded in fifteen (15) minute blocks. Sick leave may also
be used for the well care of the immediate family residing in the employee’s principal place of
residence. This use of sick leave may require verification by the City from the first hour used as
deemed appropriate by the Department Head. In expanding the reasons for the use of sick time,
the City has not changed its standards for attendance at work. Excessive absenteeism, tardiness,
or the abuse of sick leave will continue to be a subject of the performance evaluation and it can
also be just cause for progressive disciplinary action.
Terminal Leave payments will be set at a maximum of one-hundred (100) days for all officers
hired after 4/21/04. Officers hired on or before 4/21/04 shall be permitted to sell back as outlined
below.
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All officers hired on or prior to 4/21/04 shall be allowed to sell back or use as terminal leave up
to 100 days with 20 years of service; up to 105 days with 21 years of service; up to 110 days with
22 years of service; up to 115 days with 23 years of service; up to 120 days with 24 years of service
and up to 125 days with 25+ years of service. Years of service shall be defined as completed years
of service for calculation purposes.
During terminal leave, holidays are not recognized. An employee will be required to use
accumulated leave for the holiday.
Full-time regular employees shall accumulate sick leave at the rate of one (1) day per completed
month (8 hours) or twelve (12) days for each completed year of service. An employee must have
earned pay for one-half of his or her workdays for that month to be credited with sick leave. The
employee cannot use a month's credit until he or she has earned pay for one-half of his or her
workdays for that month.
The maximum number of sick days an employee may accrue is one hundred eighty (180) days.
After the maximum numbers of days are accrued, no additional sick leave shall be earned until
some of the accrued leave is taken.
9. Life Insurance, Accidental Death & Dismemberment and off-the-Job accident & sickness
Insurance provided however that off-the-job sickness and accident coverage shall begin on the
twenty-second calendar day or the termination of sick leave, whichever is sooner with the
understanding that there is a seven-day mandatory waiting period on sickness that cannot be
waived. The parties acknowledge and agree that group life, accidental death and dismemberment,
and off-the-job accident and sickness insurance policies are managed by the insurance carrier. The
insurance carrier is responsible for all decisions and management of the plans.
10. Maternity Leave will be maintained as outlined below, or as required by the Family and Medical
Leave Act, if the Act treats the employee more favorably.
Leaves of absence shall be granted to employees affected by pregnancy, childbirth or related
conditions; provided such leave shall not exceed six (6) months. At the commencement of a
maternity leave of absence, employees have the option of using accrued sick or vacation leave
time in order to continue to receive pay. Pay will cease when all accrued allowances have been
used. The use of accrued time-off shall not extend the length of the leave.
The employee may maintain a sick leave balance of 40 hours.
11. Military Leave of Absence will be as outlined below, subject to the following:
If on vacation - employee would be paid vacation pay and would keep military pay without
adjustments from the City.
If military leave is used, City will grant time off and assure their pay is equivalent to City pay.
Military Training Leave
Full-time, regular employees who are members of the National Guard or Armed Forces Reserve will
be allowed ten (10) work days military training leave per calendar year. If the compensation
received while on military leave is less than the base salary that would have been earned during this
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Item #49.
same time period as a City employee, the employee shall receive partial compensation equal to the
difference in the base salary earned as a reservist or guardsman and the base salary that would have
been earned during this same period as a City employee. The effect will be to maintain the
employee’s salary at a normal level during this period. If such military duty is requested beyond
this ten (10) work day period, the employee shall be eligible to take accumulated vacation leave or
be placed in a leave without pay status. While taking military leave with partial pay or without pay
during the ten (10) work day period, the employee’s leave credit and other benefits shall continue
to accrue as if the employee physically remained with the City during this period. An employee
may use vacation time for the ten (10) days military duty and receive both vacation pay and pay
from the military without reimbursement to the City. An employee must notify his/her supervisor
a minimum of ten (10) days prior to taking military leave.
The pay received from the military while on military leave shall not be considered as pay for pension
purposes. No employee pension contributions will be deducted, the City will not make pension
contributions based on the pay and the pay shall not be used to compute pension benefits.
Active Duty
Full-time, regular employees who are guardsmen and reservists have all the job rights specified in
the Veterans Readjustment Assistance Act. All employees who enlist or are reactivated in one of the
military services will be granted on application a military leave of absence for a maximum period of
five (5) years.
Military Mobilization Pay
If the compensation received by a full-time regular employee while on military leave as a result of
individual or military unit mobilization is less than the base salary that would have been earned
during this same time period as a City employee, the employee shall receive partial compensation
equal to the difference in the military compensation earned as a reservist or guardsman and the base
salary that would have been earned during the same time period as a City employee. This differential
shall be paid for a time period of up to one year from the date the employee reports to active military
service duty and shall cease upon termination of the active duty assignment. Military compensation
shall include base pay, all special pay, bonuses and allotments, and any other direct compensation
received as a result of mobilized military service from the government of the United States or any
State government.
Reemployment After Military Service
Upon release from military service with an honorary discharge, a retiring veteran must apply for
reinstatement as follows:
Service Time Return
30 days or less Beginning of the next regularly scheduled work period on the
first full day following completion of service and expiration of
an 8-hour rest period following safe transportation home.
31 to 180 days Application of reinstatement must be submitted not later than
14 days after completion of military duty.
180 days or more Application for reinstatement must be submitted not later than
90 days after completion of military duty.
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Benefits
When the veteran is returned to active employment all benefits previously earned such as sick
leave, longevity pay, unused vacation time and cost of living increases shall be credited to his
record. Time spent while on active duty shall be credited towards completed years’ service with
the City for the purpose of computing retirement time, vacation time, and longevity increases.
Employees will not accumulate vacation or sick leave during active duty assignments. In regard to
pension benefits, sworn police officers are subject to the Delaware County and Municipal
Police/Firefighter Pension with the State of Delaware. Please contact the State of Delaware Pension
Office for complete details.
An eligible City employee shall receive uninterrupted health insurance benefits at the same level
as before he or she was called to active duty for a period of up to one year from the date the
employee actually reports to active military service. The employee shall also be allowed to
continue pension contributions based on his or her normal base pay.
12. On-the-Job Injury*
*As to the on-the-job injury benefits in effect as of the time of negotiations the position of the
respective parties are, without waiver of any rights or claims as follows:
Police Officers: Total salary and benefits to be paid by the City to a Police Officer during the
total time off due to a job-related injury with benefits ceasing only upon termination of the
physical disability.
City: In the case of an accidental injury to a Police Officer which occurs while on the job and is
covered by Workman's Compensation Insurance, the City shall guarantee a 100% of the injured
Police Officers base salary for the first sixty (60) calendar days that the Officer is absent from
work under a licensed physician's care. In each situation where the Officer must be absent from
work because of an on-the-job injury beyond the sixty days period, the City Council of the City
of Dover, after reviewing the Officer's case, may at its discretion grant an extension of the
Officers 100% pay for an additional period of time not to exceed 305 calendar days.
13. Access to Personnel File - per Article XIX, Section 2 of the Employee Handbook dated July 2004.
ACCESS TO PERSONNEL RECORDS
Any person may have access to the information listed in Section 1 of the Employee Handbook dated
July 2004, except for items e, f and g, for the purpose of inspection, examination and copying during
regular business hours of the City. Access to such information shall be governed by the following:
All disclosure of records shall be accounted for by keeping a written record (except for authorized
persons processing personnel actions) of the following information: Name of the employee;
information disclosed; date information was requested; name and address of person to whom the
disclosure is made; purpose for which the information is requested. This information must be
retained for two years.
Upon request, records of disclosure shall be made available within a reasonable time to the
employee to whom it pertains.
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An individual examining a personnel record may copy the information. Any available
photocopying facilities may be provided, and the cost may be assessed to the individual.
14. Outside Employment
The work of the City will take precedence over other occupational interests of employees. All
outside employment for salaries, wages, commission and self-employment must be reported to the
Chief of Police, who in turn will report to the City Manager for review. The City Manager or the
appropriate City Official will review such employment for possible conflicts of interest and/or
impact upon the efficiency of the employee. Such request will be placed in the employee’s
personnel file located in the Human Resources Department at the Dover Police Department.
Conflicting outside employment or outside employment which inhibits an employee's efficiency
will be grounds for disciplinary action, up to and including dismissal.
15. Bulletin Board Privilege - The Fraternal Order of Police Lodge #15 may maintain a bulletin board
for its members. Space for the board is to be in a common area where all Officers have access.
The location is to be mutually agreeable by the employer and the FOP.
16. Vest - The City shall issue and replace bullet proof vests to members. The replacement of such
vests shall be at the suggested manufacturer time.
17. Shift Trading
18. Extra duty pay will be paid at time and ½. Minimum three (3) hours pay per extra duty assignment.
For a Federal or State funded assignment, if the assignment is discontinued by the requestor prior
to the conclusion of the assignment, payment will only be provided to the officer for the actual
hours worked.
19. Funeral Expense - Should an active employee die, a funeral allowance of $1,000 will be granted.
20. Police Car Air-conditioning - The City shall provide that each City purchased vehicle used for
police purposes will be equipped with a working air conditioning unit.
21. Any previously defined leave benefit not specifically addressed above, which is defined in terms
of days, will be converted to hours based on one day equaling 8 hours.
22. Merit Steps
23. Sort Pay – Persons serving on the Sort Team will be paid an additional fifty dollars ($50.00) per
month.
24. Direct deposit of paychecks is mandatory.
25. City Residency Incentive
A bonus of $1,000 will be provided to employees who reside within City of Dover limits.
"Residence," "reside" and "residing" refers to a place of bona fide continuous habitation. Owning
or renting property for which the employee does not maintain a residency within does not qualify
for the incentive. Residency will be documented each year. This bonus is to be paid annually on
or about September 1st to officers on record on June 1 and at the time of payment. In addition,
the employees continue to maintain bona fide continuous habitation at the time of payment.
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Residency certification will be validated with the submission of the following documents.
Supporting documentation must reflect the employee's name as the account holder.
Property Tax records
Homeowner or tenant records (mortgage, if applicable, or lease agreement, if
applicable)
City of Dover utility bill demonstrating customary usage or consumption to
demonstrate bona fide continuous habitation
Internet, cable, satellite, or phone/mobile records.
The incentive here-in provided shall not be considered in the overtime rate or as affecting
any other fringe benefit program presently in force.
Acting Out of Title
To assure the orderly performance and continuity of municipal service, the City may find it
necessary to temporarily upgrade employees on an acting basis to position of a higher rank.
Temporary upgrading may be required in order to fill or compensate for temporary vacancies which
may exist for any of the following reasons:
A position is vacant and is scheduled to be filled by a regular full-time employee and a period of
time is required so as to proceed with and complete the normal appointment procedure.
A position is temporarily vacant, although regularly filled, because the regular employee is on
vacation, sick leave, light duty, Worker’s Compensation or some other approved leave of
absence.
After having been upgraded under this policy for twenty (20) consecutive or more calendar days,
an employee shall become eligible for a temporary upgrade pay increase on the twenty-first (21)
calendar day. Pay increase shall be a minimum of 5% or the minimum starting salary of the
position, whichever is greater.
Motor Vehicle Record
Annually, the employee’s motor vehicle driving record will be reviewed. Driving infractions will
be subject to the Department’s policies.
Body Worn Cameras
Before the City of Dover requires members of the bargaining unit to wear body worn cameras, the
following changes/additions shall be made to the current policy, 41.23.
• Whenever a member is subject to an internal investigation, discipline, or questioning during an
internal investigation, the member and his or her representative or legal counsel shall be given
an opportunity to review all relevant recordings and consult prior to being questioned.
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• Until one (1) months after the issuance of a body worn camera, members shall not be disciplined
for failure to activate their body worn cameras.
• The department shall maintain at least one member trained in "forensic video analysis" and
"human performance".
• Unless authorized by the Chief of Police pursuant to an official investigation, the Body Worn
Camera shall not be remotely activated without the knowledge of the Officer wearing said Body
Worn Camera for any reason other than an immediate threat to life, such as an officer -in-distress
call.
• Further changes to the Body Worn Camera equipment and/or software that significantly impacts
the operation of the equipment shall be negotiated with the FOP.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed in their respective
names by their representatives hereunto duly authorized dated:
CITY OF DOVER FOP REPRESENTATIVES
Michael Stafford, Esq. Gary McLhinney
Chief Negotiator Chief Negotiator
Dave Hugg Aaron Dickinson
City Manager Captain
Naomi Poole R. Ernie Roswell
Human Resources Director Lieutenant
Thomas Johnson Timothy Mullaney, Jr.
Police Chief FOP President/Corporal
Patricia Marney James Wood
Interim Controller/Treasurer FOP Vice President/Master Corporal
Anthony Valenti
Patrolman
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Item #50.
Stormwater Utility Credits,
Grants, and Appeals
Manual
Updated: May 2024
Special thanks to the City of Newark, Delaware for their guidance in
developing this manual.
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Table of Contents
1.0 GENERAL INFORMATION .................................................................................................................. 1
1.1 Overview ....................................................................................................................................... 1
1.2 Stormwater Charge ....................................................................................................................... 1
1.3 Purpose ......................................................................................................................................... 2
1.4 Definitions ..................................................................................................................................... 3
2.0 STORMWATER CREDITS .................................................................................................................... 5
2.1 Objective ....................................................................................................................................... 5
2.2 Credit Policies................................................................................................................................ 5
2.3 Stormwater Credits Application Requirements ............................................................................ 9
2.4 Credits Application Procedures ................................................................................................... 10
3.0 STORMWATER CHARGE ADJUSTMENT APPEALS ............................................................................ 11
3.1 Objectives.................................................................................................................................... 11
3.2 Charge Adjustments Appeal Policies........................................................................................... 11
3.3 Charge Adjustment Appeal Application Requirements .............................................................. 13
3.4 Charge Adjustment Appeals Application Procedures ................................................................. 14
4.0 STORMWATER GRANTS .................................................................................................................. 15
4.1 Residential Design Service Support ............................................................................................ 15
4.2 Residential Stormwater Project Cost Sharing ............................................................................. 16
4.3 Grant Program Request Application Requirements ................................................................... 16
5.0 STORMWATER CREDITS AND CHARGE ADJUSTMENTS EXAMPLES .................................................. 17
5.1 Stormwater Credits .................................................................................................................... 17
5.2 Storm Water Charge Adjustments Appeal .................................................................................. 18
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1.0 General Information
1.1 Overview
The City of Dover’s (the City) stormwater management program aims to manage both the
quantity and quality of stormwater runoff within the City and its local surface waters,
recognizing them as important resources. The major goals of this program are:
Reduce the amount of pollutants discharged into the surface waters including
rivers and creeks;
Manage the rate and volume of stormwater discharged to the City’s system as
well as local surface waterbodies; and
Comply with the regulatory requirements of the City’s National Pollutant
Discharge Elimination System (NPDES) Phase II permit.
To mitigate the impact of pollutant loads on rivers, the City is engaged in several stormwater
activities, including pre‐ and post‐construction stormwater management, watershed planning
and protection, and surface water quality enhancement efforts. These efforts protect City
streets and properties from flooding, erosion, water pollution, property damage, and also
enable the City to comply with federal and state regulatory requirements.
1.2 Stormwater Charge
With formal adoption of a Stormwater Utility, the City also implemented a stormwater
charge, effective July 1st, 2024, pursuant to City Code Chapter 110, ARTICLE V. The stormwater
charge was created to provide a designated source of revenue to fund the City’s stormwater
management Operations & Maintenance (O&M) costs and capital stormwater system
infrastructure costs.
A key objective of the stormwater charge is to facilitate equitable recovery of the City’s stormwater
management costs from all the parcels within the City’s limits.
Typically, it is not feasible to directly measure the actual stormwater runoff and its associated
pollutant loads that a parcel contributes to the system. Hence, a stormwater charge is
established based on a surrogate measure such as a parcel’s estimated effective impervious
area. Impervious area typically refers to any hard and compacted surface area including paved
areas, hard undeveloped surfaces, buildings, rooftops, driveways, walkways, decks and
patios, compacted grassed areas and parking lots. The approach that is used to estimate the
effective impervious area for the residential and all other stormwater classes of properties is
described in the following sections.
a) Residential Parcels
For all the residential parcels (Single-family Residential Stormwater Class), the impervious
area is calculated based upon a three-tiered system.
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The impervious area was determined based on impervious coverage files from the Office of State
Planning Coordination. Single-family uses were delineated and the impervious cover in each
zoning district was divided by the number of lots to derive the average single-family impervious
cover of each zone. From this point, residential zoning districts were grouped into tiers that have
reasonably similar impervious covers as listed in Table 1, in the Appendix. A monthly stormwater
charge is calculated by multiplying the ERU ratio by the ERU rate.
b) All Other Stormwater Class:
The monthly stormwater fee is calculated for all other stormwater classes by dividing the
estimated impervious area for a parcel by the average impervious area for the Tier 1 single- family
residential stormwater class to determine the ERU ratio. The ERU ratio is then multiplied by the
ERU rate to determine the monthly stormwater charge. See Table 2, in the Appendix for examples
of an impervious surface. The impervious surface area shall be capped at 1,000,000 sq. ft.
c) Delinquency:
i. Pursuant to City Ordinance, Sec. 1-13a, b ̶ Clean Hands, no person or entity or owner shall be
eligible to receive any city services, utilities, permits, licenses, or approvals if that person, entity, or
owner owes outstanding payments to the city
ii. Pursuant to City Code §110-305, all penalties, fines, and costs associated with
enforcement of this chapter shall be liens on the property to the extent permitted by Title
25, Chapter 29 of the Delaware Code.
1.3 Purpose
In conjunction with the implementation of the stormwater charge, the City has established a
stormwater credits, grants, and appeals program.
a) Credits
The purpose of the stormwater credits program is to enable parcel owners to seek reduction in
stormwater charges if specific stormwater management measures have been implemented. The
onsite stormwater management measures need to significantly reduce the volume of runoff into
the City’s stormwater system and/or enhance the water quality in the surface water bodies into
which a parcel’s runoff discharges. Stormwater Credits are associated with the construction,
operation, and maintenance of privately owned stormwater management facilities that
complement the City’s stormwater management efforts and support the City’s stormwater
management and surface water quality protection activities.
b) Charge Adjustment Appeals
The purpose of the charge adjustments appeals process is to enable customers to appeal any
potential exceptions relating to parcel ownership, stormwater classification, and stormwater
credit qualification. For more information about the appeals process, please see section 3.0,
Stormwater Charge Adjustment Appeals, of this manual.
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1.4 Definitions
This section provides definitions for key terms relating to stormwater credits and the charge
adjustments appeals process described in this technical manual. See also the definitions section
of the City Code §110-301.
All other stormwater classes: Refers to the various stormwater classes, except the single-family
residential stormwater class.
Appellant: Refers to the parcel owner or the owner’s authorized nominee who files an
application for a charge adjustment appeal.
Applicant: Refers to the parcel owner or the owner’s authorized nominee who files an
application for a stormwater credit.
Best Management Practices (BMPs): Best Management Practices are structural and/or non‐
structural stormwater management practices that are deployed in a property to control
stormwater runoff and/or to improve the quality of stormwater runoff.
Dwelling: Refers to a structure with one kitchen and one or more baths and bedrooms separate
from the kitchen including houses, mobile homes, manufactured homes, apartments, and those
attached to other dwellings or structures.
Equivalent Runoff Unit (ERU): A unit of measure that is set to equal the median impervious area
square footage of parcels of the Tier 1 single-family residential stormwater class.
Equivalent Runoff Unit Ratio (ERU Ratio): Refers to the number of ERUs that are assigned to each
parcel in the Single‐Family residential stormwater class, based on the tier assigned to each parcel.
Impervious Area: The total square feet of hard surface areas including buildings, driveways, any
attached or detached structures, and paved or hardscaped areas, or other surface areas that
behave like an impervious area under wet weather conditions, that either prevent or restrict the
volume of stormwater that can enter into the soil, and/or thereby cause water to run off the
surface in greater quantities or at an increased rate of flow than what would have occurred under
natural undisturbed conditions.
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Single‐family Residential Stormwater Class: Parcels with a single-family, detached, semi‐
detached or attached dwelling.
Stormwater Charge: Refers to the monthly charge for stormwater management assessed to a parcel within
the city based on the impervious area of the parcel to be billed on the associated cycle billing route for the
service location.
Stormwater Management Facility: Refers to an engineered stormwater control structure specifically
designed to reduce the quantity of runoff, while also improving the runoff quality.
Tier: The tier value that is assigned to each parcel in the Single‐Family Residential Stormwater
Class, based on the parcel’s actual impervious area.
Water Quality: Those characteristics of stormwater runoff from a land disturbing activity that
relates to the chemical, physical, biological, or radiological integrity of water.
Water Quantity: Refers to those characteristics of stormwater that relate to the rate and
volume of the stormwater runoff resulting from land disturbing activities.
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2.0 STORMWATER CREDITS
2.1 Objective
The policies and procedures outlined for stormwater credits processes is designed based on the
following key objectives:
Aid the City in meeting stormwater quality and quantity management, as well as flood
mitigation needs.
Support the City’s NPDES Phase II permit compliance requirements.
Afford charge reduction opportunity for customers who reduce their burden on the stormwater
system and services provided by the City through the operation and maintenance of stormwater
best management practices.
Support equitable cost recovery of stormwater management costs.
2.2 Credit Policies
The system of credits defined in this Stormwater Credits, Grants, and Appeals Manual (manual) is
governed by the following policies:
a) Credit Application
Only parcels that pay for the maintenance of an onsite stormwater management facility are
eligible to apply for stormwater quality/quantity credits.
The Stormwater Credits Application (see Form C‐1 in the Appendix) and all supporting
documentation must be filed by the applicant in writing to the Director of the Department of
Public Works. The credit request may be filed any time but adjustments, if any, will be effective
as stated in Section 2.2(h). of this manual.
b) Types of Credits
Quality Credits: Quality Credits are available to properties that pay into the maintenance of a
stormwater management facility and/or directly own a stormwater management facility which
was designed to effectively control pollutants in the runoff and to enhance water quality (see
2.2(c). of this manual) *. If water quality credits are provided, the City may at any time revoke the
credits for non‐compliance with BMP maintenance standards.
Quantity Credits: Quantity Credits are available to properties that control the rate of stormwater
runoff contributed to the City’s stormwater system or surface water system (rivers, streams, etc.)
*. Credits will not be provided for stormwater management practices that are under construction
and/or are not fully functional and/or are not properly maintained. If quantity credits are
provided, the City may at any time revoke the credits if the stormwater management systems are
found to be poorly maintained and/or non‐functional.
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c) Quality Credits
Quality Credit up to 15% may be provided if the parcel owns and/or pays into the maintenance of
stormwater management practices that infiltrate between 1 and 2.5 inches of runoff in
accordance with the following increments:
Figure 1- Quality Credit (%) According to Depth of Runoff Managed (Inches)
Total Depth of Runoff Quality Credit
Managed (Inches) (%)
1.5 5.0
2.0 10.0
2.5 15.0
Consideration for credits may be given to additional water quality best management practices at
the discretion of the Director of Public Works. Applicants must document and demonstrate that
the BMPs exceed applicable Delaware Sediment and Stormwater requirements via certified
engineering documentation.
d) Quantity Credits
Quantity Credit is available to parcels that utilize onsite structural stormwater management
measures such as retention or detention ponds, or other non‐structural practices to manage
stormwater runoff. The applicant must submit certified engineering documentation that affirms
the existence of a fully functioning stormwater management facility that is privately owned. The
applicant must also submit a maintenance agreement for the stormwater management facility
that affirms the maintenance is privately funded.
Quantity Credit up to 10% may be provided to parcels where the post‐development peak
stormwater discharge rates are managed to pre‐development peak discharge rates as follows:
Manage the 10‐year post development peak discharge to the 2‐year pre‐development peak
discharge;
Manage the 25‐year post development peak discharge to the 10‐year pre‐development
peak discharge;
Manage the 50‐year post development peak discharge to the 25‐year pre‐development
peak discharge;
Manage the 100‐year post development peak discharge to the 50‐year pre‐development
peak discharge.
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Design standards and criteria of the stormwater management structures must conform to the
guidelines and design standards defined in Section 10.0 of the Delaware Sediment and
Stormwater Regulations of Title 7 Natural Resources & Environmental Control Administrative
Code as most recently issued by the DNREC Division of Soil and Water Conservation.
e) Maximum Credits
The maximum allowable stormwater credits for quantity reduction (Quantity Credits) is 10% of
the ERU rate for the parcel seeking the credit. The maximum allowable stormwater credits for
quality control (Quality Credits) is 15% of the ERU rate. The maximum aggregate stormwater
credit for any individual parcel cannot exceed 25% of the ERU rate for the parcel.
However, when special circumstances arise, such as a property infiltrating 100% of its stormwater,
then the City may, at its discretion, provide up to a maximum of 50% credit.
f) Application Fee
A credit application will not be considered complete and will not be processed unless
accompanied by a non‐refundable fee of $150.00 per parcel, along with all other required
supporting documentation as outlined in this Stormwater Utility Credits and Appeals Manual. If
the application fee check submitted is uncollectible, the Department of Public Works will
terminate the technical review, until a valid application fee is credited.
g) Renewal of Credits
Any stormwater quantity or quality credit that is provided to a parcel is contingent on continued
maintenance and operation of the private stormwater facilities or devices, as stipulated by the
Director of Public Works. The City may revoke the stormwater credits at any time for non‐
compliance.
The approved credits are valid for a four‐year term, with the credits expiring on December 31st of
the fourth year. Renewal of the Credit is contingent on the Applicant submitting a Stormwater
Credits Renewal Application (See Form C‐2 in the Appendix) accompanied by a non‐refundable
re‐filing fee of $100, by October 1st of the calendar year in which the credits are due to expire.
h) Credit Adjustments
For all stormwater credit applications received before October 1, 2024, any approved
stormwater credits will be effective retroactively from July 1, 2024. The total amount of the
Retroactive credit will be applied to the customer’s future bill.
retroacti
For all stormwater credit applications received beginning October 1, 2024, any approved
stormwater credits will become effective only from the billing period in which the appeal
Application is received and considered administratively complete. There will be no retroactive
adjustments for prior billing periods.
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i) Stormwater Charge Payment
A pending credit request application shall not constitute a valid reason for non‐payment of the
currently assessed stormwater charge. All stormwater charges that are outstanding at the time of
filing of the application must be paid in full prior to the City commencing the technical review
unless that requirement is waived in writing by the Director of Public Works.
j) Documentation Costs
The City will not reimburse any costs that the applicant incurs in the preparation of the required
documentation and/or the credit request application package.
k) Burden of Proof
The burden of proof shall be on the applicant to demonstrate the validity of the credit application
by providing clear and convincing evidence as required by the application.
l) Right‐of‐Entry and Documentation Review
Following submission of a stormwater credits application, the City shall have an automatic Right‐
of‐Entry into the parcel, following notice to the parcel owner, for the sole purpose of inspecting
the facility/structure or system in the parcel for which the charge adjustment appeal is requested.
m) Decision
The Director of Public Works will review and send a written notice of disposition to the applicant,
with a copy to the Director of Finance, within 60 days of the receipt of the fully completed credits
request package, unless any extraordinary circumstances necessitate additional review time. The
decision of the Director of the of Public Works is final.
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2.3 Stormwater Credits Application Requirements
The Applicant applying for stormwater credits for one or more parcels must adhere to the following
credit request application stipulations.
a) Application
Stormwater credit request for each parcel must be initiated by the applicant.
The applicant must submit a fully completed Stormwater Credits Application (See Form C‐1 in the
Appendix) if applying for first time credits, or a fully completed Stormwater Credits Renewal
Application (See Form C‐2 in the Appendix) if applying for renewal of credits. The application must
be accompanied by the appropriate application fee and supporting documentation.
Only one application is allowed per parcel and the applicant may seek more than one type of
credit defined in Section 2.2(b), in a single application. The applicant must submit a separate
application package and application fee for each parcel being appealed.
b) Supporting Documentation
The applicant shall provide the following technical documentation:
i. Conceptual site plan and structural control location diagram showing the site,
topographic details, overland flow paths, all stormwater facilities, and surrounding area.
ii. Maps with locations, dimensions, and characteristics of existing and proposed storm
drainage patterns and facilities.
iii. Topographic map outlining the size of the drainage area upstream of the developed
parcel.
iv. Maps indicating existing and proposed grading and locations of all structures including
buildings, parking, driveways, paving, and other impervious areas.
v. Detailed engineering calculations that show the comparative results of pre‐development
runoff to post‐development runoff that is routed through the stormwater control
structures.
vi. As‐built plan drawing may be utilized.
The required technical documentation and drawings listed above must be certified by a registered
professional engineer or certified land surveyor. The Director may waive in writing the submission
of a land survey or other technical documentation.
c) Fees
Stormwater Credits are granted for a fixed term of four (4) years and a first-time request requires
a non‐refundable application fee of $150.00 with the original application (Form C‐1) submittal.
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Stormwater credits renewal process requires a non‐refundable application fee of $100.00 with
the renewal application (Form C‐2) submittal.
The application fee can be mailed or paid at the front counter in City Hall. Checks must be made
payable to the City of Dover. Please do not mail cash.
d) Schedule
The applicant can apply for first-time stormwater credits at any time. However, the stormwater
credits renewal application must be filed by October 1st of the calendar year in which the credits
are due to expire.
2.4 Credits Application Procedures
The following general procedures will be adhered to during the receipt, processing, and disposition
of the stormwater credits application:
The applicant can either download Form C‐1 or Form C‐2 as appropriate from the City’s website or
request Customer Service to mail the application.
The completed application, supporting documentation, and the appropriate non‐refundable
application fee must be submitted to:
Director of Public Works
City of Dover
5 E Reed Street
Dover, DE 19901
The Department of Public Works will review and reply to the applicant, with a copy to the
Director of Finance, within 60 days of the receipt of the fully completed stormwater credits
request package, unless any extraordinary circumstances necessitate additional review time.
Stormwater credits, if approved, will become effective as stated in Section 2.2(h).
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3.0 STORMWATER CHARGE ADJUSTMENT APPEALS
3.1 Objectives
The policies and procedures outlined for stormwater charge adjustments processes are designed
based on the following key objectives:
Provide a mechanism to address exceptions, if any, in parcel ownership, stormwater class
assignment, stormwater fee, and the assigned tier for each parcel.
3.2 Charge Adjustments Appeal Policies
The system of charge adjustments appeals defined in this manual is governed by the following
policies:
a) Reasons for Charge Adjustments Appeal Application
The appellant can file for a charge adjustment to appeal one or more of the following as
applicable:
i. Stormwater Classification or Parcel Ownership: The appellant can file an adjustment
request if the stormwater class or parcel ownership that is assigned to a parcel is believed
to be inaccurate.
ii. Assigned tier: The appellant can file an adjustment request if the parcel owner believes
the assigned tier is incorrect.
iii. Incorrect impervious surface estimate (NOT applicable to single-family residential
stormwater class): The appellant can file an adjustment request if the parcel owner
believes the estimated impervious surface is incorrect.
The City will not accept stormwater charge adjustment appeal application for any reason other
than those stipulated above.
b) Charge Adjustment Appeals Application
The stormwater charge adjustment appeal and all supporting documentation must be submitted
by the appellant, in writing, to the Director of Public Works. The appeal may be filed any time but
adjustments, if any, will only be effective as stated in Section 3.2(d).
The following forms, as provided in the Appendix, must be used when filing charge adjustment
appeals:
i. Form A‐1: Single-Family Residential Stormwater Class Adjustment Request
ii. Form A‐2: All Other Stormwater Class Fee Adjustment Request
A Charge Adjustment Appeal Application filed using Forms A‐1 and A‐2 for reasons (i) through (iii)
listed in Section 3.2(a), will not be considered complete and will not be processed unless
accompanied by all documentation stated in this manual.
c) Application Fee
No application fee is required.
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d) Stormwater Charge Adjustments
For all stormwater charge adjustment appeal applications received before October 1,
2024, any approved stormwater charge adjustments will be applied retroactively to July 1
2024. The total amount of the retroactive adjustment will be applied to the customer’s future bill.
For all stormwater charge adjustment appeal applications received beginning October 1, 2024,
any
approved stormwater charge adjustments will become effective only from the billing period in
Which the appeal application is received and considered administratively complete. There will be no
retroactive adjustments for prior billing periods.
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3.3 Charge Adjustment Appeal Application Requirements
The appellant applying for stormwater charge adjustments for one or more parcels must adhere to
the following charge adjustment application stipulations.
a) Application
The charge adjustments appeal for each parcel must be initiated by the appellant.
The appellant must submit a fully completed Stormwater Charge Adjustment Appeal Application
(See Form A‐1 or Form A‐2) accompanied by the appropriate supporting documentation, as
outlined in Sections 3.2, 3.3 and 3.4.
Only one application is allowed per parcel, and the application may seek more than one type of
charge adjustment defined in Section 3.2. The appellant must submit a separate application
package and application fee, if any, for each parcel being appealed.
The completed application, supporting documentation, and the appropriate non‐refundable
application fee, if any, must be submitted to:
Director of Public Works
City of Dover
5 E Reed Street
Dover, DE 19901
b) Supporting Documentation
The appellant must provide the following technical documentation when filing for a stormwater
charge adjustments appeal.
i. Stormwater Classification or Parcel Ownership: Appellant must submit valid documentation
prepared by a registered land surveyor showing gross parcel area. In addition, the appellant
may provide documentation such as a parcel deed and parcel map to demonstrate the address
of the parcel area and any other information the Director may specify.
ii. Assigned Tier: Appellant must submit valid documentation such as a site plan, parcel map,
“as‐built” construction drawings certified by a registered land surveyor or a professional
engineer, and any other information the Director may specify to demonstrate the correct tier
of the parcel.
iii. Incorrect impervious surface estimate (NOT applicable to single-family residential
stormwater class): Submit supporting documentation duly certified by a registered
professional engineer or land surveyor. Required documentation includes a site plan, parcel
map, building plans, as‐built drawings, and impervious area calculations. Survey data
provided in support of the above appeals must be prepared within or recertified within the
last 12 months. The Director may waive in writing the submission of a land survey.
c) Schedule
The appellant can apply for a charge adjustment at any time. However, all stormwater
charge adjustments will be effective as outlined in Section 3.2(d).
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3.4 Charge Adjustment Appeals Application Procedures
Any customer who objects to the stormwater utility staff’s determination on their assigned
stormwater charge may submit an appeal, in writing, to the Director of Public Works. The appeal
must be submitted according to the procedures in 3.3(a-c) of this manual. The Director of Public
Works will review and send a written disposition (final decision) to the appellant, with a copy to
the Director of Finance, within 60 days of the receipt of the fully completed stormwater charge
adjustments appeals package.
Final Decisions made by the Director of Public Works may be appealed to the Legislative, Finance,
and Administrative Committee. Within 30 days of the City Clerk’s Office receiving the request,
the appeal will be put on the next available agenda for the Council Committee of the Whole.
Stormwater charge adjustments, if approved, will become effective as stated in 3.2(d).
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4.0 STORMWATER GRANTS
4.1 Residential Stormwater Project Cost Sharing
Stormwater and drainage issues on private property are excluded from the City’s jurisdiction.
The City recognizes that these stormwater issues and their associated solutions may result in
significant and sometimes unexpected costs. To help reduce the burden on customers, the City
will offer cost sharing up to 25% of the estimated project costs. Customers are encouraged to
explore additional funding options, such as the Community Water Quality Improvement Grant.
Cost sharing will be limited to addressing stormwater related issues as deemed appropriate by
the Department of Public Works. Funding may not be used to address other private property
issues.
In order to be considered for cost sharing support, customers must complete and submit a
grant request application form (Form D‐1) to the Department of Public Works.
a) Supporting Documentation
The applicant must provide the following information:
i. Project Description
ii. Description of Anticipated Benefits
iii. Estimated Project Costs
iv. Requested Grant Amount
The following documentation would aid in application review, but is not required:
• Site plans or sketches showing the problem area and proposed solution
• Engineering drawings and/or calculations
• Engineer’s cost estimate or Contractor’s quote
b) Cost Sharing Maximum Amount
Eligible customers may receive up to 25% matching funds based upon
estimated construction costs up to a maximum of $5,000.
c) Funding Availability
Total annual available funding for cost-sharing will be limited to the
annual appropriation as approved by City Council. Applications will be
considered on a first come first serve basis.
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4.2 Grant Program Request Application Requirements
a) Eligibility Requirements
Residential customers who are current on their stormwater bills may submit a grant
request.
b) Application
The applicant must submit a fully completed Stormwater Grant Request Application (See
Form G-1 in the Appendix), accompanied by the supporting documentation, as applicable.
c) Supporting Documentation
See 4.1(a) for supporting documentation that is required.
4.3 Grant Program Requests Application Review and Approval
The following general procedures will be adhered to during the receipt, processing, and
deposition of the stormwater grants requests process:
The appellant can either download Form D-1 from the City’s website or request Customer
Service to mail the application.
The completed application and supporting documentation must be submitted to:
Director of Public Works
City of Dover
5 E Reed Street
Dover DE, 19901
Following Receipt of a completed grant request application (Form D-1), the following general
procedures will be adhered to during the receipt, processing, and disposition of stormwater
grant program requests:
a) Schedule
The customer may submit a grant request application at any time. However, please note
review and approval of grant requests varies based upon the type of request as outlined
below.
Grant requests will be reviewed and approved as follows:
For Residential Stormwater Project Cost Sharing, the Department of Public Works will
review cost sharing requests for completeness. Staff will send formal written
notification regarding whether or not the request is complete and has been accepted
for further consideration.
Each quarter, the Department of Public Works will review and approve
projects.
The Department of Public Works will inform the customer within 30 days of
the decision. If a project is selected for cost sharing, the letter will include the
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Note – Funding for cost sharing is limited to the City’s annual budget appropriation.
Eligible customers may receive up to a 25% matching fund based upon estimated
construction costs ($5,000 maximum). In the event all grant money is not awarded in
any given year, special consideration will be given to community projects with several
applicants.
5.0 STORMWATER CREDITS AND CHARGE ADJUSTMENTS EXAMPLES
5.1 Stormwater Credits
The following examples illustrate the calculation procedures that would be applied
in the assessment of monthly stormwater charges if stormwater credits are
approved for a parcel. The examples are based on a Tier 1 Single-Family
Residential Stormwater Class parcel, a monthly ERU ratio of 1, multiplied by the
stormwater charge of $6.00, equaling $6.00/month.
d) Quality Credit
The following example shows the credit amount calculation and the
billable monthly stormwater charge for a parcel that is granted a
Quality Credit only.
Total original monthly stormwater
charge: $6.00 Approved Quality
Credit: 15%
Applied Quality Credit Adjustment: $6.00 - (15% x
$6.00) = $5.10
Total Billable monthly stormwater charge: $5.10
Quality Credit Amount Issued to the Parcel: ($6.00 ‐ $5.10) = $0.90
e) Quantity Credit
The following example shows the credit amount calculation and the
billable monthly stormwater charge for a parcel that is granted a
Quantity Credit only.
Total original monthly stormwater
charge: $6.00
Approved Quantity Credit: 10%
Applied Quantity Credit Adjustment: $6.00 - (10% x
$6.00) = $5.40
Total Billable monthly stormwater charge: $5.40
Quantity Credit Amount Issued to the Parcel: ($6.00 ‐
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5.2 Storm Water Charge Adjustments Appeal
The following example illustrates the calculation procedures that would be applied in determining a
revised impervious surface estimate in the case of an All Other Stormwater Class parcel that files an
adjustment appeal seeking impervious area variance, and in determining the revised monthly storm
water charge. If a Single-Family Residential parcel is misclassified, please fill out form A-1 in the
Appendix and if approved, your rate will equal that of the appropriate Tier. For All Other
Stormwater Class adjustments fill out form A-2 and see below for example calculations.
b) Inaccurate Impervious Area Estimation for All Other Stormwater Classes
The calculations for this example are based on the following assumptions:
Non‐residential parcel with a Gross Parcel Area of 190,000 sq. ft.
Impervious Area for this parcel is estimated using impervious coverage files from the Office
of State Planning Coordination.
The property consists of a building that is 100,000 sq. ft.; sidewalks of 10,000 sq. ft.; gravel
parking lot of 50,000 sq. ft.; and grass area of 30,000 sq. ft. For a total of 160,000 sq. ft. of
impervious surface
Individual runoff coefficients are assigned to the various land cover delineations as shown in
Figure 2. Multiplying the individual runoff coefficient by the land cover delineation equals the
adjusted, calculated impervious area in sq. ft.
Figure 2- Calculation of Impervious Area Based on Actual Land Cover Delineation
Land Cover Area (Sq. Individual Calculated
Delineation Ft.) Land Cover Impervious
Runoff Area (Sq. Ft.)
(1)
Coefficients
(4)= (2)x(3)
(2)
(3)
Structures 100,000 1.00 100,000
Asphalt 10,000 0.95 9,500
Loose Gravel 50,000 0.50 25,000
Grass 30,000 0.30 9,000
Total Property 190,000 143,500
Gross Area
Page 206
Page 207
Item #50.
Stormwater Charge Credits and Appeals Manual
Original monthly charge calculation:
Average impervious area for Tier-1 Single-Family Residential Stormwater Class is 1,400 sq. ft.
160,000 / 1,400 = ERU ratio of 114.29
ERU ratio of 114.29 x ERU rate of $6.00 = $685.71 per month.
Revised Monthly Stormwater Charge Calculation:
Total Impervious Area Based on Land Cover Delineation (Impervious examples on Table-2) = 143,500
sq. ft.
Total revised ERUs: 143,500 sq. ft. / 1,400 sq. ft. = 102.5 ERUs
Total revised monthly stormwater charge: 102.5 ERUs x $6.00 = $615
Page 207
Page 208
Item #50.
Stormwater Charge Credits and Appeals Manual
APPENDIX
Page 208
Page 209
Item #50.
Stormwater Charge Credits and Appeals Manual
Table 1 ‐ Single Family Residential Classes
Tier No. Applicable Zoning Average Impervious ERUs Monthly
Districts Area (Square Feet) Charge
1 RG-1, RG-2, RG-3, RM-1 1,700 1.0 $6.00
2 RM-2, R-7, R-8 2,400 1.4 $8.40
3 R-10, R-15, R-20 3,700 2.2 $13.20
Table 2 ‐ Runoff Coefficients for Land Cover Delineations
Type of Land Cover Land Cover Runoff Factor
Water / River / Stream 0.00
Woods / Marsh / Wetlands 0.10
Grass 0.30
Loose Gravel (Ex. Gravel Parking Area) 0.50
Cobblestone / Brick 0.80
Concrete 0.95
Asphalt 0.95
Structures 1.00
Page 209
Page 210
Request NumberItem #50.
Form A‐1 ‐ RESIDENTIAL (Internal use only)
CITY OF DOVER, DELAWARE
STORMWATER FEE ADJUSTMENT REQUEST
Parcel ID: Account#: Date:
Parcel Owner:
Service Address:
Mailing Address:
Email: Phone:
INNACCURATE STORMWATER CLASS
Indicate the current class and the class that is being requested. (See Table 1 on reverse side of
this form for reference).
Current SW Class: Requested SW Class:
Indicate the current Tier that is being requested. (See Table 1 on reverse side of this form for
reference).
Current SW Tier: Requested SW Tier:
OWNER CERTIFICATION and RIGHT‐OF‐ENTRY:
I certify that the information contained in the application is, to the best of my knowledge, correct and represents a
complete and accurate statement. I further understand that the stormwater fee adjustment will be based on the
information provided and the City may revoke the fee adjustment if a later determination indicates that the
information provided was inaccurate. I hereby grant permission for a City representative to enter the parcel for
the purpose of inspecting the facility/structure or system in the property for which fee adjustments appeal is
requested.
Signature of Owner Date
Revised Date: March 2021 A‐1‐1 Page 210
Page 211
Request NumberItem #50.
Form A‐1 ‐ RESIDENTIAL (Internal use only)
CITY OF DOVER, DELAWARE
STORMWATER FEE ADJUSTMENT REQUEST
FOR CITY USE ONLY (To be completed by City):
Application Received By: Date Received:
Application Reviewed By: Date Reviewed:
Application Status: Approved: Denied:
Remarks:
TABLE 1 – SINGLE FAMILY RESIDENTIAL CLASS
Tier No. Applicable Zoning Average Impervious ERUs Monthly
Districts Area (Square Feet) Charge
1 RG-1, RG-2, RG-3, RM-1 1,700 1.0 $6.00
2 RM-2, R-7, R-8 2,400 1.4 $8.40
3 R-10, R-15, R-20 3,700 2.2 $13.20
*Any property not within the zoning districts of Table-1 are considered “All Other Stormwater Class”.
Send the Completed Application and Supporting Documentation To:
The Director of Public Works
City of Dover
5 E Reed St
Dover, DE 19901
For inquiries, please call: (302) 736-7025
(NOTE: A separate application form and supporting documentation must be filed for each parcel)
Revised Date: March 2021 A‐1‐2
Page 211
Page 212
Form A‐2 – ALL OTHER Request Number
Item #50.
STORMWATER CLASS (Internal use only)
CITY OF DOVER, DELAWARE
Parcel ID: Account #: Date:
Parcel Owner:
Service Address:
Mailing Address:
Email: Phone:
REASON FOR FEE ADJUSTMENT REQUEST: (Check one or more of the following)
Inaccurate Stormwater Class: Indicate the current class and the class that is being requested. (See
Table 1 on reverse side of this form for reference).
Current SW Class: Requested SW Class:
Inaccurate Estimation of Impervious Area: Indicate the current Impervious Area and the revised
Impervious Area that is being requested. Submit supporting documentation duly certified by a
registered professional engineer or land surveyor. Required documentation includes site plan, parcel
map, building plans, as‐built drawings, and impervious area calculations.
Current Impervious: Sq. Ft. Requested Impervious: Sq. Ft.
OWNER CERTIFICATION and RIGHT‐OF‐ENTRY:
I certify that the information contained in the application is, to the best of my knowledge, correct and represents a
complete and accurate statement. I further understand that the stormwater fee adjustment will be based on the
information provided and the City may revoke the fee adjustment if a later determination indicates that the
information provided was inaccurate. I hereby grant permission for a City representative to enter the parcel for
the purpose of inspecting the facility/structure or system in the property for which fee adjustments appeal is
requested.
Signature of Owner Date
Revised Date: March 2021 A‐2‐1
Page 212
Page 213
Form A‐2 – ALL OTHER Request Number
Item #50.
STORMWATER CLASS (Internal use only)
CITY OF DOVER, DELAWARE
FOR CITY USE ONLY (To be completed by City):
Application Received By: Date Received:
Application Reviewed By: Date Reviewed:
Application Status: Approved: Denied:
Remarks:
TABLE 1 – SINGLE FAMILY RESIDENTIAL CLASS
Tier No. Applicable Zoning Average Impervious ERUs Monthly
Districts Area (Square Feet) Charge
1 RG-1, RG-2, RG-3, RM-1 1,700 1.0 $6.00
2 RM-2, R-7, R-8 2,400 1.4 $8.40
3 R-10, R-15, R-20 3,700 2.2 $13.20
*Any property not within the zoning districts of Table-1 are considered “All Other Stormwater Class”.
Send the Completed Application and Supporting Documentation To:
The Director of Public Works
City of Dover
5 E. Reed St
Dover, DE 19901
For inquiries, please call: (302) 736‐7025
(NOTE: A separate application form and supporting documentation must be filed for each parcel)
Revised Date: March 2021 A‐2‐2
Page 213
Page 214
Item #50.
Form C‐1 Request Number
(Internal use only)
CITY OF DOVER, DELAWARE
STORMWATER FEE CREDIT APPLICATION
I. General Information
Parcel ID: Account #: Date:
Parcel Owner: Service Address:
Owner Phone: City / State / Zip:
Owner Email: Mailing Address:
Authorized Nominee: City / State / Zip:
Nominee Phone: Stormwater Class:
Nominee Email: Credit Request:
Quantity Quality Special Circumstance
II. Required Documentation Checklist
Check if any of the following attachments are included:
As‐Built Drawings Site Map / Plan Drainage Area
Pre‐development and Post‐development Calculations for the 2-, 10-, 25-, 50- and 100-year Design
Storms
Routing Calculations through the Facility or Control for the 2-, 10-, 25-, 50- and 100-year Design Storms
Total Storage Volume of Facility or Control
Emergency Spillway Size, Type, Configuration and Rating
Maintenance Plan / Schedule and copy of last inspection performed by Kent Conservation District
Application Fee of $150.00 (Non‐Refundable) Payable to the City of Dover
III. Engineer Certification
I certify that the “As‐Built Drawings” and other maps are an accurate representation of the subject
stormwater facility or control, and that the required calculations have been performed as per
acceptable engineering standards.
Registered Professional Engineer: Registration Number:
Company:
Phone: Email:
Signature of Engineer Date
Revised Date: March 2021 C‐1‐1 Page 214
Page 215
Item #50.
Form C‐1 Request Number
(Internal use only)
CITY OF DOVER, DELAWARE
STORMWATER FEE CREDIT APPLICATION
IV. Owner Certification and Right‐of‐Entry
I certify that the information contained in the application and in the attached documents is, to the best
of my knowledge, correct and represents a complete and accurate statement. I further understand that
the stormwater credit will be based on the information provided and the City may revoke the credit if a
later determination indicates that the information provided was inaccurate. I hereby grant permission
for a City representative to enter the parcel for the purpose of inspecting the facility/structure or system
in the parcel for which stormwater credit is requested.
Signature of Owner Date
V. FOR CITY USE ONLY (To be completed by the City)
Application Received By: Date Received:
Application Reviewed By: Date Reviewed:
Application Status: Approved: Denied:
Credit Approved (%): Quantity: Quality:
Remarks:
Send the Completed Application and Supporting Documentation To:
The Director of Public Works
City of Dover
5 E. Reed St
Dover, DE 19901
For inquiries, please call: (302) 736‐7025
(NOTE: A separate application form and supporting documentation must be filed for each parcel)
Revised Date: March 2021 C‐1‐2
Page 215
Page 216
Request Number
Item #50.
Form C‐2 (Internal use only)
CITY OF DOVER, DELAWARE
STORMWATER FEE CREDIT RENEWAL APPLICATION
I. General Information
Parcel ID: Account #: Date:
Parcel Owner: Service Address:
Owner Phone: City / State / Zip:
Owner Email: Mailing Address:
Authorized Contact: City / State / Zip:
Contact Phone: Stormwater Class:
Contact Email: Credit Renewal Request:
Quantity Quality Special Circumstance
II. Supporting Documentation Checklist
Check if any of the following attachments are included:
As‐Built Drawings (if changed)
Site Map / Plan (if changed)
Drainage Area Maps (if changed)
Written Description of Inspection and Maintenance Activities Performed During the Past Year
Maintenance Plan / Schedule and copy of last inspection performed by Kent Conservation District
Annual Renewal Fee of $100.00 (Non‐Refundable) Payable to the City of Dover
III. Owner Certification
I certify that the information contained in the application and in the attached documents is, to the best
of my knowledge, correct and represents a complete and accurate statement. I further understand that
the stormwater credit will be based on the information provided and the City may revoke the credit if a
later determination indicates that the information provided was inaccurate. I hereby grant permission
for City representative to enter the parcel for the purpose of inspecting the facility/structure or system
in the parcel for which stormwater credit is requested.
Signature of Owner Date
Revised Date: March 2021 C‐2‐1 Page 216
Page 217
Request Number
Item #50.
Form D‐1 (Internal use only)
CITY OF DOVER, DELAWARE
STORMWATER GRANT REQUEST APPLICATION
IV. FOR CITY USE ONLY (To be completed by the City)
Application Received By: Date Received:
Application Reviewed By: Date Reviewed:
Application Status: Approved: Denied:
Credit Approved (%): Quantity: Quality:
Remarks:
Send the Completed Application and Supporting Documentation To:
The Director of Public Works
City of Dover
5 E. Reed St
Dover, DE 19901
For inquiries, please call: (302) 736‐7025
(NOTE: A separate application form and supporting documentation must be filed for each parcel)
Revised Date: March 2021 C‐2‐2
Page 217
Page 218
Request Number
Item #50.
Form D‐1 (Internal use only)
CITY OF DOVER, DELAWARE
STORMWATER GRANT REQUEST APPLICATION
Parcel ID: _ Account#: Date:
Parcel Owner:
Service Address:
Mailing Address:
Email: Phone:
REQUESTED SUPPORT: (Check one of the following)
Stormwater Project Cost Sharing: Please describe the subject project for which matching funds are
requested. Attach additional sheets if necessary.
Benefits: Please describe the anticipated benefits of the proposed project.
Check if any of the following attachments are included (recommended):
Site Map / Plan Stormwater Facility Details
Drainage Area Maps Engineer’s Cost Estimate / Contractor Quote
Engineering Drawings Photos
Engineering Calculations Other:
________________________________________________________________________________________________________________
Page 218
Revised Date: November 2021 D-1-1
Page 219
Request Number
Item #50.
Form D‐1 (Internal use only)
CITY OF DOVER, DELAWARE
STORMWATER GRANT REQUEST APPLICATION
Cost Information: Please provide the following cost information. Note – matching funds are
provided based upon 25% of the estimated construction costs up to a maximum $5,000.
Estimated Construction Costs: $
Requested Grant Amount: $
Other Anticipated Grants (if any): $
FOR CITY USE ONLY (To be completed by City):
Application Received By: Date Received:
Application Reviewed By: Date Reviewed:
Application Status (as applicable):
Stormwater Project Cost Sharing: Yes No Date
Public Works Approval:
Recommend to CAC:
CAC Approval:
Final Decision: Approved: Denied:
Match: $
Remarks:
_____________________________________________________________________________________________
Page 219
Revised Date: November 2021 D-1-2
Page 220
Request Number
Item #50.
Form D‐1 (Internal use only)
CITY OF DOVER, DELAWARE
STORMWATER GRANT REQUEST APPLICATION
Send the Completed Application and Supporting Documentation To:
The Director of Public Works
City of Dover
5 E Reed Street
Dover, DE 19901
For inquiries, please call: (302) 736-7025
___________________________________________________________________________________________________
Revised: November 2021 D-1-3
Page 220
Page 221
FIRST READING
Item #51.
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-20
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 110 – Utilities, be amended by inserting a new Article as follows:
5
6 ARTICLE V. – STORMWATER
7
8 Sec. 110-284. – Definitions.
9
10 The following words, terms, and phrases, when used in this chapter, shall have the
11 meanings ascribed to them in this section, except where the context clearly indicates a
12 different meaning:
13
14 All other stormwater classes mean the various stormwater classes, except the single-
15 family residential stormwater class.
16
17 Dwelling means a structure with one kitchen and one or more baths and bedrooms
18 separate from the kitchen including houses, mobile homes, manufactured homes, and
19 apartments.
20
21 Equivalent runoff unit or ERU means a unit of measure that is set to equal the average
22 impervious area square footage of parcels of the Tier 1 single-family residential stormwater
23 class.
24
25 Equivalent runoff unit ratio or ERU ratio means the number of ERUs assigned to each
26 parcel in the single-family residential stormwater class, based on the tier assigned to each
27 parcel.
28
29 Impervious area means the total square feet of hard surface areas including buildings,
30 driveways, any attached or detached structures, paved or hardscaped areas, or other surface
31 areas that behave like an impervious area during precipitation events, that either prevent or
32 restrict the volume of stormwater that can enter into the soil and/or thereby cause water to
33 runoff the surface in greater quantities or at an increased rate of flow than what would have
34 occurred under natural undisturbed conditions.
35
36 Single-family residential stormwater class means parcels with a single-family,
37 detached, semi-detached, or attached dwelling.
38
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Page 222
Item #51.
Proposed Ordinance #2024-20 – Chapter 110 – Utilities, Article V – Stormwater Page 2
39 Stormwater charge means the monthly charge for stormwater management assessed
40 to a parcel within the city based on the impervious area of the parcel to be billed on the
41 associated cycle billing route for the service location.
42
43 Tier means the tier value that is assigned to each parcel in the single-family residential
44 stormwater class, based on the parcel's impervious area.
45
46 NPDES Permit refers to the National Pollutant Discharge Elimination System
47 (NPDES) permit imposed by the EPA and the State of Delaware that requires permittees to
48 develop and implement a comprehensive Storm Water Management Program (SWMP) that
49 must include pollution prevention measures, treatment or removal techniques, monitoring,
50 use of legal authority, and other appropriate measures to control the quality and quantity of
51 stormwater discharged to the storm drains and thus Waters of the State and Waters of the
52 United States.
53
54 Sec. 110-285. – Stormwater charges.
55
56 (a) The stormwater charge represents an equitable system for recovering costs related to
57 all aspects of stormwater management, including but not limited to: capital
58 improvements including debt service; operation and maintenance including routine
59 replacements; compliance with all current and future stormwater and surface water
60 regulatory requirements (NPDES Permit); surface water quality monitoring,
61 inspection, management, and improvement projects; flooding mitigation; inspections
62 of stormwater management facilities; billing and administration; acquisition of
63 interests in land including easements; and watershed planning and protection
64 initiatives.
65
66 (b) All parcels that are within the city's corporate boundaries, except as noted in Sec. 110-
67 285(d)(4), shall be assessed a monthly stormwater charge as per the provisions of this
68 article.
69
70 (c) The stormwater charge for each parcel shall be determined as per the provisions of
71 this article, based on the number of equivalent runoff units "ERUs" and the ERU
72 rate.
73
74 (1) Equivalent runoff unit. The ERU is 1,700 square feet.
75
76 (2) Equivalent runoff unit rate. The ERU rate is $6.00 per ERU.
77
78 (3) Monthly stormwater charge calculation. The monthly stormwater charge is
79 calculated by multiplying the ERU ratio by the ERU rate (see Table 1 for Tier and
80 ERU ratio).
81
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Item #51.
Proposed Ordinance #2024-20 – Chapter 110 – Utilities, Article V – Stormwater Page 3
82 (d) The stormwater charge for the various stormwater classes shall be determined as
83 follows:
84
85 (1) Single-family residential stormwater class: For the single-family residential
86 stormwater class, a three-tiered stormwater charge is established to accommodate
87 the wide range of impervious area square footage that exists among the single-
88 family residential parcels in the city. The three tiers of impervious area, applicable
89 zoning districts, and equivalent runoff ratio for each tier are as shown in Table 1.
90 Based upon the zoning classification, single-family residential parcels are assigned
91 to one of the three tiers of impervious areas. A stormwater charge will be assessed
92 monthly based on the assigned ERU ratio and ERU rate. In the event of a newly
93 constructed single-family residential dwelling, tier assignment shall occur upon
94 issuance of certificate of occupancy.
95
96 Table 1: Single-Family Residential Class
Tier Applicable Zoning Average Impervious Equivalent Runoff Unit
Districts Area Ratio (ERU ratio)
(square feet)
1 RG-3, RG-4, TND 1,700 1.0
2 RM-1, RM-2, RG-1, RG- 2,400 1.4
2, R-7
3 R-8, RG-5, R-10, R-20, 3,700 2.2
R-15
97
98 (2) All other stormwater classes: The stormwater charge for all other stormwater
99 classes shall be calculated by dividing the estimated impervious area for a parcel
100 by the average impervious area for the Tier 1 single-family residential stormwater
101 class to determine the ERU ratio. The ERU ratio is then multiplied by the ERU
102 rate to determine the monthly stormwater charge.
103
104 (3) Impervious area will be capped at 1 million sq. ft. No parcel owner will be billed
105 for more than 1 million sq. ft. of impervious surface.
106
107 (4) Exemptions. Parcels owned by the United States of America shall be the only
108 parcels within the city’s corporate limits exempt from the stormwater charge.
109
110 (5) Updates. Updates to residential tiers and impervious surface data shall occur
111 when the State of Delaware updates their impervious surface data.
112
113 (6) Any future amendment to the ERU rate shall be approved by City Council.
Page 223
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Item #51.
Proposed Ordinance #2024-20 – Chapter 110 – Utilities, Article V – Stormwater Page 4
114
115 Sec. 110-286. – Stormwater charge billing frequency; charge for new properties/parcels;
116 unpaid balances; aggregating billing.
117
118 (a) The monthly stormwater charge shall be billed and collected on a quarterly basis. All
119 billings will be congruent with the current City Ordinance, Sec. 90-15 – Rates and
120 Billing Procedures.
121
122 (b) Any new property or parcel resulting from the subdivision and/or consolidation of an
123 existing parcel and/or annexed into City limits shall become liable for the stormwater
124 charge of the current quarterly billing period, at such time as the parcel is reflected
125 in Kent County’s Department of Planning Services.
126
127 (c) Unpaid balances. All penalties, fines, and costs associated with the enforcement of
128 this chapter shall be liens on the property to the extent permitted by Title 25, Chapter
129 29 of the Delaware Code. Any unpaid fines, penalties, and fees imposed by any court
130 for violation of this chapter shall be added to the property tax billings for the property
131 that was subject to the violation.
132 Sec. 110-287. – Effective date of stormwater charges; liability of payment.
133
134 (a) The stormwater service charges herein authorized shall become effective July 1, 2024.
135
136 (b) The stormwater charges will be collected from the following:
137
138 (1) The owner on record of a parcel will be assessed the stormwater charge. In the
139 event that the owner of a parcel and the user of a parcel are not the same, the
140 owner shall be liable for the stormwater charge.
141
142 (2) In the case of joint ownership of a parcel, the stormwater charge shall be billed to
143 the owner designated as the primary owner in the City assessor’s records.
144 Sec. 110-288. ̶ Delinquency.
145
146 (a) Pursuant to City Ordinance, Sec. 1-13a, b ̶ Clean Hands, no person or entity or owner
147 shall be eligible to receive any city services, utilities, permits, licenses, or approvals if
148 that person, entity, or owner owes outstanding payments to the city.
149
150 (b) All penalties, fines, and costs associated with enforcement of this chapter shall be liens
151 on the property to the extent permitted by Title 25, Chapter 29 of the Delaware Code.
152 Sec. 110-289. – Credits.
153
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Page 225
Item #51.
Proposed Ordinance #2024-20 – Chapter 110 – Utilities, Article V – Stormwater Page 5
154 (a) Credit. A system of credits, which may reduce a parcel's monthly stormwater charge,
155 shall be established for all stormwater classes. A stormwater charge credit may be
156 issued by the City Manager or his / her designee upon receipt of a written application
157 by the parcel owner for employing structural or non-structural best management
158 practices or other stormwater practices on-site, which significantly reduces the
159 quantity of stormwater runoff or significantly improves the quality of stormwater
160 runoff from the parcel.
161
162 (b) Credit procedures. All other procedures related to credits shall be per the City of
163 Dover Stormwater Credits, Appeals, and Grants Manual.
164
165 (c) The City Manager or his / her designee may revoke credits to any parcel should any
166 associated stormwater management facility be determined to be improperly
167 maintained, functioning improperly and/or failing.
168 Sec. 110-290. – Appeals.
169
170 (a) Appeals. An owner of a parcel for which a stormwater charge has been assessed may
171 appeal the stormwater charge for that parcel for the following reasons:
172
173 (1) The calculation of the stormwater charge;
174
175 (2) The assigned tier, if applicable; and
176
177 (3) The eligibility for a credit.
178
179 (b) Burden of proof. The burden of proof shall be on the appellant to demonstrate, by
180 clear and convincing evidence, the validity of the appeal.
181
182 (c) Appeals procedure. All other procedures for appeals shall be per the City of Dover
183 Stormwater Credits, Appeals, and Grants Manual.
184
185 (d) Ability to audit.
186
187 (1) The city reserves the right to audit a parcel's stormwater charge at any time.
188
189 (2) This may include a review of the estimated impervious area associated with the
190 parcel as well as any unique characteristics as they relate to the generation of
191 stormwater runoff and/or the management thereof.
192 Sec. 110-291. – Grants.
193
194 (a) Grants. An owner of a parcel within the single-family residential stormwater class for
195 which a stormwater charge has been assessed may apply for a drainage grant. Grant
Page 225
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Item #51.
Proposed Ordinance #2024-20 – Chapter 110 – Utilities, Article V – Stormwater Page 6
196 procedures are outlined in the City of Dover Stormwater Credits, Appeals, and
197 Grants Manual.
198
199 (b) Appropriated Amount. The amount appropriated for grants each year will be made
200 available.
201 Sec. 110-292. – Transfers.
202
203 There shall be no transfers from the stormwater fund, less internal service
204 department cost allocations, to any other operating fund of the city without an
205 ordinance change by City Council.
206
207
208 ADOPTED: *
209
210
211 SYNOPSIS
212 This ordinance creates a utility (enterprise fund) effective on July 1, 2024. The stormwater utility
213 addresses increasing National Pollution Discharge Elimination System (NPDS) compliance
214 (federal regulations), decreasing reliance on the General Fund by creating dedicated and stable
215 funding, and encouraging and enhancing stormwater management by managing the quantity and
216 quality of runoff reaching our drainage systems and waterways. A stormwater utility establishes
217 fees based on the determination and assessment of impervious surfaces and establishes a fund to
218 cover NPDES compliance requirements, capital projects, and operating costs of the program
219 including personnel, other operating expenses, and equipment and vehicles. It also creates a
220 system of quality and quantity credits for practices that better control water quality and runoff
221 rates.
222
223 (SPONSORS: ROCHA and HUGG)
224
225
226 Action History
227 06/10/2024 – Scheduled for First Reading – City Council
228 05/14/2024 - Introduction – Council Committee of the Whole/ Utility Committee
Page 226
Page 227
Item #52.
FIRST READING
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-21
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 98 – Streets, Sidewalks, Storm Sewers, and Other Public Places, be amended by
5 inserting new Articles as follows:
6
7 ARTICLE IX. – STREET SWEEPING
8
9 Sec. 98-347 – STREETS, SIDEWALKS, STORM SEWERS, AND OTHER PUBLIC
10 PLACES
11
12 (a) Street Sweeping
13
14 (1) The City Manager or his / her designee shall provide street sweeping services
15 within the city at the frequency and locations determined to be in the best interest
16 of the city.
17
18 (2) Street sweeping shall meet or exceed the requirements set forth by the NPDES
19 permit issued to the City of Dover.
20
21 (3) Any areas determined to require parking restrictions to provide adequate street
22 sweeping services must be adequately marked by the city.
23
24 ARTICLE X. – LEAF COLLECTION SERVICES
25
26 (a) Leaf Collection
27
28 (1) The City Manager or his / her designee shall provide leaf collection services within
29 the city at the frequency and locations determined to be in the best interest of the
30 city.
31
32 (2) Leaf piles shall not be placed out for collection more than one day prior to
33 collection day.
34 (3) Leaf piles shall be no larger than 3 feet wide by 3 feet tall. Leaf piles shall not be
35 placed near catch basins or within the gutter pan. Clear space of 3 feet shall be
36 provided on either end of leaf piles.
37
38 (4) Leaves shall not be bagged or tarped when put out for leaf collection services.
Page 227
Page 228
Item #52.
Proposed Ordinance #2024-21 – Chapter 98 – Streets, Sidewalks, Storm Sewers Page 2
39
40 (5) Leaf piles shall not contain limbs, sod, concrete, trash, or other foreign material.
41
42 (6) Leaf piles put out for leaf collection services that are not in conformance with the
43 parameters above may not be collected.
44
45 ADOPTED: *
46
47
48 SYNOPSIS
49 This ordinance provides clarification of the service guidelines and requirements.
50
51 (SPONSORS: ROCHA and HUGG)
52
53
54 Action History
55 06/10/2024 – Scheduled for First Reading – City Council
56 05/14/2024 - Introduction – Council Committee of the Whole/ Utility Committee
Page 228
Page 229
Item #53.
FIRST READING
City of Dover
PROPOSED CITY OF DOVER ORDINANCE #2024-14
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 1 – General Provisions, Section. 1-17. – General penalty; separate offenses; unpaid
5 fines, be amended by inserting the text indicated in bold, blue, italics and deleting the text indicated
6 in red strikeout as follows:
7
8 Sec. 1-17. General penalty; separate offenses; unpaid fines.
9
10 Whenever in this Code or in any ordinance of the city, any act or omission is prohibited,
11 or is made, or declared to be unlawful or a violation, or whenever in said Code or ordinance the
12 doing of any act is required, or the failure to do any act is declared to be unlawful or a violation,
13 and no specific penalty is provided therefor, the violation of any such provision of this Code or
14 any ordinance shall be punishable as provided for in Appendix F–Fees and Fines. Unless
15 specifically provided otherwise, or the context thereof so dictates, each day any violation of any
16 provision of this Code or any ordinance shall continue, shall constitute a separate offense. Fines
17 not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall
18 be automatically doubled in amount.
19
20 ADOPTED: *
21
22
23 SYNOPSIS
24 The proposed amendment to this chapter removes language that requires the doubling of fines.
25
26 (SPONSORS: ANDERSON and HUGG)
27
28
29 Action History
30 06/10/2024 – Scheduled for First Reading – City Council
31 05/14/2024 – Introduction - Council Committee of the Whole/ Legislative, Finance, and Administration
32 Committee
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Item #54.
FIRST READING
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-15
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 22 - Buildings and Building Regulations, be amended by inserting the text indicated
5 in bold, blue, italics and deleting the text indicated in red strikeout as follows:
6
7 ARTICLE I. IN GENERAL
8
9 Sec. 22-1. Construction and property maintenance code board of appeals.
10
11 (a) Established; composition; appointment. There shall be a committee to be referred to as the
12 "construction and property maintenance code board of appeals," consisting of five
13 members. The council president shall appoint three elected city officials and the mayor
14 shall appoint one city resident generally selected as a representative of homeowners and
15 one representative of the local real estate industry association. Members shall serve one-
16 year terms unless sooner removed. All appointments are subject to confirmation by the city
17 council at its second regular meeting in May. The construction and property maintenance
18 code board of appeals shall elect one of its members as chairperson.
19
20 (b) Appeals. Whenever any person is aggrieved by a decision of the building inspector with
21 respect to the provision of this chapter, it is the right of that person to appeal to the
22 construction and property maintenance code board of appeals. Such appeal must be filed,
23 in writing, within 30 days after the determination by the building inspector.
24
25 (c) Notice; hearing. Upon receipt of such an appeal, the construction and property
26 maintenance code board of appeals shall set a time and place in not less than ten, nor more
27 than 30 days for the purpose of hearing the appeal. Notice of the time and place of the
28 hearing of the appeal shall be given to all parties, at which time they may appear and be
29 heard. The determination by the construction and property maintenance code board of
30 appeals shall be final in all cases.
31
32 Sec. 22-2. Housing authority created; purpose.
33
34 Created; purpose. There shall be a housing authority as provided in 31 Del. C.
35
36 Secs. 22-3—22-30. Reserved.
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Item #54.
Proposed Ordinance #2024-15 – Chapter 22 – Buildings and Building Regulations Page 2
37 ARTICLE II. BUILDING INSPECTOR
38
39 Sec. 22-31. Office created; appointment.
40 There is hereby created the office of building inspector. The building inspector shall be
41 selected by the city council during its annual meeting.
42
43 Sec. 22-32. Additional powers and authority.
44 Along with other powers and authority granted to the building inspector in this chapter,
45 including the codes adopted herein, the building inspector shall have the following powers and
46 authority:
47
48 (1) Temporary certificates of occupancy. The building inspector shall have authority to
49 issue temporary certificates of occupancy for buildings and structures which do not
50 comply with the codes, upon the terms and conditions as set forth in this section.
51
52 (2) Affidavit to complete work. In the event that the owner and builder of a structure are in
53 agreement that certain items, such as grading, seeding, soil stabilization, and other
54 similar work, cannot be completed because of the weather or the season, but that these
55 items can be completed by the builder after a temporary certificate of occupancy is
56 granted, and the owner takes possession of the property, then the building inspector
57 may grant a temporary certificate of occupancy, conditioned upon the builder executing
58 an affidavit agreeing to complete the necessary items specified therein, within a time
59 period specified therein, with sanctions to be imposed by the building inspector for
60 noncompliance by the builder, to include, but not to be limited to, revocation of the
61 temporary certificate of occupancy, refusal to issue to the builder further building
62 permits on other parcels, and such other administrative action as the building inspector
63 may deem appropriate.
64
65 (3) Hardship. Upon adequate hardship being shown to the building inspector and upon
66 agreement of all parties, including the owner or equitable owner and the builder, the
67 building inspector may issue temporary certificates of occupancy for buildings and
68 structures where any work of a minor nature is required in the future to comply with
69 the codes, provided that all parties sign an agreement to this effect and the builder
70 executes an affidavit, with the conditions and stipulations provided in subsection (2) of
71 this section, agreeing to the imposition of sanctions for noncompliance to be imposed
72 by the building inspector.
73
74 (4) Agreements and affidavits for granting certificates. The building inspector shall
75 prepare uniform agreements and affidavits to be used in granting temporary certificates
76 of occupancy as stated herein.
77
78 (5) The building inspector or his duly authorized assistant(s) shall have the right to enter
79 any building or enter upon any land at any reasonable hour, as necessary, in the
80 execution of their duties.
81
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Item #54.
Proposed Ordinance #2024-15 – Chapter 22 – Buildings and Building Regulations Page 3
82 a. The building inspector shall notify the owner and tenant before conducting any
83 inspection.
84
85 b. The building inspector or his duly authorized assistants shall display identification
86 signed by the city manager upon commencing an inspection.
87
88 c. Inspections shall be commenced in the presence of the owner, or his representative
89 or tenant.
90
91 Secs. 22-33—22-60. Reserved.
92
93
94 ARTICLE III. BUILDING CODE
95
96
97 Sec. 22-61. Adopted.
98 (a) International Building Code adopted. Certain documents, three copies of which are on file
99 in the lLicensing and pPermitting oOffice of the city, being marked and designated as "The
100 International Building Code, 2009 Edition" as published by the International Code Council
101 be and is hereby adopted as the Building Code of the City of Dover in the State of
102 Delaware; for the control of buildings and structures as herein provided; and each and all
103 of the regulations, provisions, penalties, conditions and terms of said International Building
104 Code, are hereby referred to, adopted and made a part hereof as if fully set out in this
105 section, with the additions, insertions, deletions and changes as follows:
106
107 Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
108
109 105.2 Work exempt from permit.
110
111 Building:
112 1. One-story detached accessory structures used as tool and storage sheds,
113 playhouses, and similar uses, provided that the floor area does not
114 exceed 120 square feet.
115 2. Oil derricks.
116 3. Sidewalks and driveways not more than 30 inches (762 mm) above
117 adjacent grade and not over any basement or story below.
118 4. Painting, papering, tiling, carpeting, cabinets, countertops, and similar
119 finish work.
120 5. Temporary motion picture, television and theater stage sets and scenery.
121 6. Prefabricated swimming pools accessory to a Group R-3 occupancy
122 provided that the swimming pools are not designed to retain a depth of
123 24" (610 mm) or more, and do not exceed 5,000 gallons (18925L) and
124 installed entirely above ground.
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125 7. Shade cloth structures constructed for nursery or agricultural purposes,
126 not including service systems.
127 8. Swings and other playground equipment accessory to a one or two-
128 family dwelling. Window awnings supported by an exterior wall which
129 do not project more than 54 inches (1372 mm) from the exterior wall
130 and do not require additional support of Group R-3 and U Occupancies.
131 9. Non-fixed and movable fixtures, cases, racks, counters, and partitions
132 not over 5 feet 9 inches (1753 mm) in height.
133
134 Section 105.5. Expiration. Insert the following text following the word "demonstrated" at the end
135 of the section: "and does not exceed the 3-year time limit as stated in 105.5.2."; and insert the
136 following subsections:
137
138 105.5.1. Time limitation of permit. A permit for any activity for which a permit is required
139 shall be valid for 180 days from the date of issuance. One 180-day extension may be granted
140 without additional charge to the permit holder. Additional 180-day extensions may be granted
141 with payment of a renewal fee as specified in Appendix F: Fees and Fines.
142
143 105.5.2. Completion of construction. All construction for which a building permit is required
144 must be completed and pass final inspection within three (3) years after issuance of the
145 building permit. If not completed within three (3) years, a new building permit must be
146 obtained and any associated fees paid incurred by the previous submission.
147
148 SECTION 107 SUBMITTAL DOCUMENTS
149
150 107.1 Submittal documents. Insert: "Construction documents, statement of special
151 inspections, structural observation programs and other data, for new construction, alterations,
152 repairs, expansion, additions or modifications of buildings or structures, which involve the practice
153 of architecture or engineering, as defined by the professional registration laws of the State of
154 Delaware shall be prepared by a registered design professional consistent with the professional
155 registration laws of the State of Delaware. Construction documents shall include the name, address
156 and license or registration number of the registered design professional and shall be signed, sealed
157 and dated by the registered design professional in accordance with the professional registration or
158 licensing laws, statutes, regulations or administration provisions of the State of Delaware." in place
159 of "Submittal documents consisting of construction documents, statement of special inspections,
160 geotechnical report and other data shall be submitted in two or more sets with each permit
161 application. The construction documents shall be prepared by a registered design professional
162 where required by the statues of the jurisdiction in which the project is to be constructed."
163
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Item #54.
Proposed Ordinance #2024-15 – Chapter 22 – Buildings and Building Regulations Page 5
164 Section 108.3. 109.3 Insert: "see Section 22-65 Fees for permits" in place of "in accordance
165 with the schedule as established by the applicable governing authority". New construction
166 valuation will be confirmed using the most current ICC valuation chart information unless
167 otherwise approved by the authority having jurisdiction.
168
169 SECTION 113 BOARD OF APPEALS. See Chapter 22—Buildings and Building Regulations,
170 Article I—In General, Sec. 22-1 Construction and property maintenance code board of appeals.
171
172 Section 114.4 Violation Penalties. Any person who violates a provision of this code or fails
173 to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a
174 building or structure in violation of the approved construction documents or directive of the
175 building inspector, or of a permit or certificate issued under the provisions of this code shall be
176 charged with a violation of this code and be guilty of a misdemeanor, punishable by a fine as
177 provided for in Appendix F—Fees and Fines, or by imprisonment thirty (30) days, or both such
178 fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
179
180 Section 114.3 Unlawful continuance. Insert: "Any person who shall continue any work after
181 having been served with a stop work order, except such work as that person is directed to perform
182 to remove a violation or unsafe condition, shall be charged with a violation of this section and shall
183 be fined as provided for in Appendix F—Fees and Fines. Repeat offenders shall not receive
184 warnings and shall instead be subject to progressively increasing fines as provided for in Appendix
185 F—Fees and Fines. Each day that a violation continues shall be deemed a separate offense." in
186 place of: "Any person who shall continue any work after having been served with a stop work
187 order, except such work as that person is directed to perform a violation or unsafe condition, shall
188 be subject to penalties as prescribed by law."
189
190 Section 1612.3. Flood Insurance Study for the City of Dover, dated July 7, 2014, or as
191 subsequently amended or revised.
192
193 Section 1612.4.1 Elevation requirements. The minimum elevation requirements shall be as
194 specified in ASCE 24 or the base flood elevation plus 18 inches, whichever is higher.
195
196 Section 3410.2 Applicability. Insert "April 4, 1984" in place of [DATE TO BE INSERTED
197 BY THE JURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE
198 WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION].
199
200 (b) International Residential Code Adopted. That certain document, three copies of which are
201 on file in the lLicensing and pPermitting oOffice in the city, being marked and designated
202 as the International Residential Code 2009 edition, as published by the International Code
203 Council, be and is hereby adopted as the code of the city for regulating the design,
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Item #54.
Proposed Ordinance #2024-15 – Chapter 22 – Buildings and Building Regulations Page 6
204 construction, quality of materials, erection, installation, alteration, repair, location,
205 relocation, replacement, addition to, use or maintenance of building, mechanical, plumbing
206 and electrical systems in the city and providing for the issuance of permits and collection
207 of fees therefor; and each and all of the regulations, provisions, conditions and terms of
208 such International Residential Code, as referenced in the building code adopted in
209 subsection (a), published by the International Code Council, on file in the office of the city
210 are hereby referred to, adopted and made a part hereof as if fully set out in this section. The
211 following sections of the International Residential Code are hereby revised:
212
213 Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
214
215 Section R105.2. Work exempt from permit, Building - 1. Insert "120" in place of "200". Delete
216 numbers 2 through 5 in their entirety. Replace number 7 with the following: "Prefabricated
217 swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not
218 designed to retain a depth of 24" (610 mm) or more, and do not exceed 5,000 gallons (18925L)
219 and installed entirely above ground.
220
221 SECTION R106 CONSTRUCTION DOCUMENTS
222
223 R106.1 Submittal documents. Insert: "Construction documents, statement of special
224 inspections, structural observation programs and other data, for new construction, alterations,
225 repairs, expansion, additions or modifications of buildings or structures, shall be submitted in 2
226 sets and as defined by the professional registration laws of the State of Delaware and be prepared
227 by a registered design professional consistent with the professional registration laws of the State
228 of Delaware. Construction documents shall include the name, address and license or registration
229 number of the registered design professional and shall be signed, sealed and dated by the registered
230 design professional in accordance with the professional registration or licensing laws, statutes,
231 regulations or administration provisions of the State of Delaware." in place of "shall be prepared
232 by a registered design professional where required by the statues of the jurisdiction in which the
233 project is to be constructed". Where special conditions exist, the building official is authorized to
234 require additional construction documents as described here.
235
236 Exception: The building official is authorized to waive the submission of construction
237 documents and other data not required to be prepared by a registered design professional if it is
238 found that the nature of the work applied for is such that review of construction documents is not
239 necessary to obtain compliance with this code.
240
241 SECTION R108 FEES
242
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243 R108.2 Schedule of permit fees. Insert "see Section 22-65 Fees for permits " in place of "in
244 accordance with the schedule as established by the applicable governing authority".
245
246 SECTION R112 BOARD OF APPEALS See Chapter 22 - Buildings and Building
247 Regulations, Article I - In General, Sec. 22-1 Construction and property maintenance code
248 board of appeals.
249
250 SECTION R113 VIOLATIONS
251
252 Section 113.4 Violation Penalties. Insert "See Section 22-61 (a) Section 113.4 Violation
253 Penalties" in place of "Any person who violates a provision of this code or fails to comply with
254 any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or
255 structure in violation of the approved construction documents or directive of the building inspector,
256 or of a permit or certificate issued under the provisions of this code, shall be subject to penalties
257 as prescribed by law."
258
259 SECTION R114 STOP WORK ORDER
260
261 Section R114.2 Unlawful continuance. Insert: "See Section 22-61 (a) International Building
262 Code, Section 114.3 Unlawful continuance" in place of "Any person who shall continue any work
263 after having been served with a stop work order, except such work as that person is directed to
264 perform a violation or unsafe condition, shall be subject to penalties as prescribed by law."
265 TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Ground Wind Design Seismic Subject to Damage From Winter Ice Flood Air Mean
Snow Speed Topo- Design Weatheringa Frost Termitec Desig Barrier Hazards Free Annual
d f g
Load graphic Category line n Under- zing Temperatu
(mph) effects k
Depth Tempe layment Inde j
b Requiredh xi
25 95 NO A Severe 24" Moderate 14° NO Adopted 450 55°
gust To in
77 Heavy Chapter
fastest 50 of the
Code of
the City
of Dover
266 Table R301.2(1), footnote (g): September 16, 1982, Flood Insurance Study for Kent County
267 and Incorporated Areas, dated July 7, 2014, or as subsequently amended or revised.
268
269 Table R301.5 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS. Insert the following
270 at the end of footnote "c": Calculations demonstrating compliance with the minimum live load
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271 shall be provided by a registered design professional for stairs and fire escapes that do not have
272 additional "stringer" or "carriage" support located and equally distributed in the middle section of
273 the stair width.
274
275 SECTION R313 AUTOMATIC FIRE SPRINKLER SYSTEMS—Delete this section in its
276 entirety.
277
278 R322.2.1 Elevation requirements.
279 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall
280 have the lowest floors elevated to or above the base flood elevation plus 18 inches or
281 the design flood elevation, whichever is higher.
282 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have
283 the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or
284 to the design flood elevation, whichever is higher.
285 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest
286 floor (including basement) elevated at least as high above the highest adjacent grade as
287 the depth number specified in feet on the FIRM plus 18 inches or at least 3.5 feet if a
288 depth number is not specified.
289 4. Basement floors that are below grade on all sides shall be elevated to or above the base
290 flood elevation plus 18 inches or the design flood elevation, whichever is higher.
291
292 Exception: Enclosed areas below the design flood elevation, including basements whose
293 floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.
294
295 CHAPTER 4 FOUNDATIONS
296
297 SECTION R403 FOOTINGS
298
299 R403.1.1 Minimum size. Insert "The minimum thickness of a footing shall be the nominal
300 width of the wall but not less than 8 inches. The nominal width of the footings shall be twice the
301 nominal thickness of the wall. Two story sections of a building shall have a minimum footing
302 width of 24 inches and a minimum footing depth of 10 inches." in place of " Minimum sizes for
303 concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The
304 footing width, W, shall be based on the load-bearing value of the soil in accordance with Table
305 401.4.1. Spread footings shall be at least 6 inches in thickness. Footing projections, P, shall be at
306 least 2 inches and shall not exceed the thickness of the footing." Insert ", but in all cases shall be a
307 minimum of 24 inches × 24 inches × 12 inches deep." at the end of the following sentence: "The
308 size of footings supporting piers and columns shall be based on the tributary load and allowable
309 soil pressure in accordance with Table 401.4.1."
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310 R403.1.2 Continuous footings in Seismic Design Categories D1 and D2. Delete in its entirety
311 and Insert: R403.1.2 Footing reinforcement. Footings shall be reinforced with a minimum of two
312 #4 rebar wired together with a minimum 15" overlap; pier footings with a minimum of two #4
313 rebar wired together in two directions, and column footings with three #4 rebar wired together in
314 two directions.
315
316 R403.1.3 Seismic reinforcing. Delete in its entirety.
317
318 R403.1.4 Minimum Depth. Insert "24" in place of "12".
319
320 Amend R403.1.4.1 Frost protection—Exceptions to read:
321 1. Frost Protection of freestanding residential accessory/utility structures with an area of
322 240 square feet or less and an eave height of 10 feet or less, except for pole buildings
323 and garages, shall not be required to be frost protected. Freestanding accessory
324 structures (sheds) between 120 sf and 240 sf shall be secured with tie-downs or
325 equivalent manufactured home fastening devices on each corner. Structures 20 feet or
326 more in length shall have additional anchors attached in the center of each side unless
327 frost protection applies as stated herein. All accessory/utility structures greater than 240
328 square feet, all pole buildings and all garages shall have frost protection (footings).
329 2. Decks not supported by a dwelling shall also be provided with footings that extend
330 below the frost line. Single story supported in part by a dwelling and with 4" × 4" posts
331 shall have footings that are a minimum of 8 inches in diameter; with 6" × 6" posts a
332 minimum of 12" diameter is required; the bottom of all such footings shall be a
333 minimum of 24" below finished grade and be at least 6" deep.
334
335 Footings shall not bear on frozen soil unless such frozen condition is of a permanent character.
336
337 (c) The ICC Performance Code for Buildings and Facilities. That certain documents, three
338 copies of which are on file in the lLicensing and pPermitting oOffice of the city, being
339 marked and designated as "The ICC Performance Code for Buildings and Facilities 2009
340 Edition" as published by the International Code Council be and is hereby adopted as the
341 Performance Code of the City of Dover in the State of Delaware for regulating and
342 governing the performance-based design, construction, quality of materials, erection,
343 installation, alteration, repair, location, relocation, replacement, addition to, use or
344 maintenance of building and/or fire protection systems in the city.
345
346 (d) The International Existing Building Code. That certain documents, three copies of which
347 are on file in the lLicensing and pPermitting oOffice of the city, being marked and
348 designated as "The International Existing Building Code 2009 Edition" as published by the
349 International Code Council be and is hereby adopted as the Existing Building Code of the
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350 City of Dover in the State of Delaware for regulating and governing the repair, alteration,
351 change of occupancy, addition and relocation of existing buildings, including historic
352 buildings, as herein provided.
353
354 (e) The International Energy Conservation Code. That certain documents, three copies of
355 which are on file in the lLicensing and pPermitting oOffice of the city, being marked and
356 designated as "The International Energy Conservation Code 2009 Edition" as published by
357 the International Code Council be and is hereby adopted as the Energy Conservation Code
358 of the City of Dover in the State of Delaware for regulating and governing energy efficient
359 building envelopes and installation of energy-efficient mechanical, lighting and power
360 systems as herein provided.
361
362 Sec. 22-62. Definitions.
363 (a) Whenever the term "municipality" or "city" is used in the publications adopted by reference
364 in this article, it shall be construed to mean the City of Dover, Delaware.
365 (b) Whenever the term "corporation council" or "city attorney" is used in the publications
366 adopted by reference in this article, it shall be construed to mean the city solicitor.
367 (c) Whenever in the publications adopted by reference in this article a term is used which is
368 also defined in the city's zoning ordinance as set forth in appendix B to this Code, such
369 term shall have the meaning provided in such appendix B.
370
371 Sec. 22-63. Conflicting provisions.
372 In the event of any conflict between the provisions of the publications adopted by reference
373 in this article and applicable provisions of state law, this Code or any other ordinance, rule or
374 regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall
375 prevail and be controlling.
376
377 Sec. 22-64. Enforcement.
378 The building inspector shall enforce the provisions of this article.
379
380 Sec. 22-65. Permit fees.
381 (a) [Fees.] Before any permit shall be issued for buildings, fences, signs, swimming pools,
382 demolitions, moving, or construction plan reviews, a fee shall be paid unto the city as
383 provided for in Appendix F—Fees and Fines.
384
385 (b) Reinspection’s. There will be no charge for the first reinspection of a permit. For
386 subsequent reinspection’s the applicant shall pay a fee as provided for in Appendix F.
387
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388 (c) Doubling fees. Fees for building, fence, sign, swimming pool, demolition, or moving
389 permits shall double in the event that a permit is applied for after construction has
390 commenced without the permission of the building inspector. The building inspector may
391 waive the doubling of fees in cases where the building permit applicant is not a professional
392 contractor, and the work is not being done by a professional contractor.
393 (d) Fines. A fine shall be issued when any code official discovers any project has started
394 or has been completed without an approved permit.
395
396 Secs. 22-66—22-100. Reserved.
397
398 ARTICLE IV. ELECTRICAL INSTALLATIONS
399
400 Sec. 22-101. Electrical code adopted.
401 (a) Copies filed; effect. There is hereby adopted by reference, for the purpose of establishing
402 rules and regulations for the installation, renewal, extension, and reception of electric
403 wiring and electric apparatus in existing buildings, structures, or outdoor electrical displays
404 or signs, that certain code known as the "National Electrical Code," as recommended by
405 the National Fire Protection Association, and the same is hereby adopted and incorporated
406 as fully as if set out at length herein, and shall be controlling for all electrical wiring and
407 apparatus in buildings, structures, or outdoor electrical displays, or signs within the city.
408
409 (b) Violations. It shall be unlawful for any person to violate any of the provisions of the code
410 adopted in subsection (a) of this section.
411
412 Sec. 22-102. Enforcement and inspections generally.
413 The publication adopted by reference in this article shall be enforced by the office of the
414 building inspector. The building inspector shall, upon the installation, renewal, extension, and
415 reception of any electric wiring and electric apparatus pursuant to this article, cause an inspection
416 or inspections to be made by himself or his duly authorized agents, to determine that the electrical
417 work conforms with the provisions of this article of the city and the statutes of the state.
418
419 Sec. 22-103. Approved materials, fittings, and devices.
420 Only the materials, fittings, and devices enumerated in the listings of Underwriters'
421 Laboratories, Inc., or approved by the inspection authority, as revised from time to time, shall be
422 used in the electrical work regulated by this article.
423
424 Sec. 22-104. Emergency shutoff switch required for certain appliances.
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425 Whenever an application for inspection is required under the terms of this article for
426 electrical wiring and apparatus to be done in connection with a gas or oil burner installation in any
427 existing building or structure or in the construction, reconstruction, alteration, or repair of
428 buildings or structures, there shall be installed an emergency shutoff switch, with a red plate
429 thereon marked "oil burner" or "gas burner," as the case may be, at the entrance to the basement
430 or heating room.
431
432 Sec. 22-105. Application for inspection.
433 (a) Required. No person shall install, receive, renew, or extend electrical wires or conductors
434 to be used for the transmission of electric current for electric light, heat, or power purposes
435 in existing buildings, structures, or outdoor electrical displays or signs, or in the
436 construction, reconstruction, alteration or repair of buildings, structures or outdoor
437 electrical displays or signs, without first applying for an application for inspection to do so
438 pursuant to the provisions of this article.
439
440 (b) Addressee. All such applications for inspection shall be made to the building inspector or,
441 in lieu thereof, to the city's authorized inspection agency, hereinafter referred to as that
442 agency specializing in such inspections, as determined, and approved by the building
443 inspector.
444
445 (c) Form; contents. Such application form shall contain questions designed to elicit
446 information to determine whether or not said proposed electrical wiring and electrical
447 apparatus complies with all ordinances of the city or laws of the state.
448
449 (d) Fee. Each such application form shall be accompanied by a fee as prescribed by this article.
450
451 (e) Proof to building inspector. The city's authorized inspection agency shall furnish to such
452 building inspector proof, in writing, that an application for inspection of the proposed
453 electrical wiring and electrical apparatus has been made to such agency to determine that
454 the electrical work conforms with the provisions of this article. The payment of all
455 inspection fees and charges of such agency shall be borne by the applicant.
456
457 (f) Inspection of premises. Each applicant for inspection shall cause the premises covered by
458 the application to be open for inspection to the building inspector and his agents and the
459 representative or representatives of the city's authorized inspection agency at all reasonable
460 times.
461
462 (g) Certificate of approval. Upon determination by the building inspector or any authorized
463 inspection organization that the proposed electrical wiring and electrical apparatus comply
464 with the National Electrical Code adopted in this article and the provisions of this article
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465 and the provisions of the city ordinances and the laws of the state, a certificate of approval
466 shall be issued forthwith.
467
468 (h) Expiration. All applications for inspections shall expire at the expiration of one year from
469 the date of issuance by the building inspector or the city's authorized inspection agency.
470
471 (i) False information. Any person making any false answer to any of the questions or items
472 set forth in such application form shall forthwith forfeit and surrender any application
473 issued pursuant thereto.
474
475 Sec. 22-106. Inspection of work under application.
476 (a) Purpose; concealed wiring. All inspections shall be made to ensure that the proposed
477 electrical work complies with the provisions of this article. No electric wiring shall be
478 concealed unless inspected and approved by the building inspector or his agents and the
479 representative of the city's authorized inspection agency, but such inspection or
480 reinspection shall be made within a reasonable time after notice of the completion of the
481 electrical work sought to be inspected for approval. A duplicate record of each written
482 approval made by the city's authorized inspection agency shall be filed with the building
483 inspector.
484
485 (b) Decisions by building inspector. All decisions made to determine whether or not the
486 proposed electrical work complies with the provisions of the National Electrical Code shall
487 be made by the building inspector.
488
489 (c) Stop work orders. The building inspector shall have the power to stop electrical work and
490 order the removal thereof when he determines that such work is being installed not in
491 conformity with all ordinances and the laws of the state.
492
493 (d) Waiver of inspection. The building inspector may waive his inspection of all or that portion
494 of the proposed electrical work for which he shall have received a duplicate record of
495 approval by the city's authorized inspection agency that it complies with the provisions of
496 this article. The building inspector shall be informed of all violations not corrected within
497 15 days of notification to the contractor by the city's authorized inspection agency.
498
499 Sec. 22-107. Inspection of existing wiring and apparatus.
500 (a) Required. In order to safeguard persons and property against the hazards and perils incident
501 to defective electric wiring and apparatus that are or may now be in existence within the
502 city, the building inspector is hereby given the duty to inspect with his agents and the
503 representative of the city's authorized inspection agency, when requested by proper
504 authority, or when public interest so requires, any premises within the city at reasonable
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505 times to ensure that the existing electric wiring system and apparatus is are not defective
506 and unsafe.
507
508 (b) Decisions by building inspector. All decisions that the existing electric wiring system and
509 apparatus is defective shall be made by the building inspector, in writing, on notice to the
510 owner of the premises served forthwith personally or by regular mail addressed to the
511 address as shown on the latest tax records, with reasons for his decision.
512
513 (c) Corrections. Upon the building inspector's decision that the existing electric wiring system
514 is defective and unsafe as aforesaid, the system or portions of the system which are
515 defective and unsafe shall be discontinued until it is corrected and made to comply with
516 the provisions of this article.
517
518 Sec. 22-108. Permit exemptions.
519 (a) Enumerated. No permit shall be required under this article for the following electrical
520 work:
521
522 (1) Minor repairs. Any minor repair work, such as the replacement of lamps and fuses;
523
524 (2) Utility companies. Any electric light or power company, electric railway company,
525 steam railway company, diesel railway company, or telegraph or telephone company,
526 and any person performing the electrical work of any such company, when such work
527 is a part of the plant, or services used by the company in rendering its authorized service
528 to the public;
529
530 (3) Employees on the premises. Any person employed by any other person to repair and
531 maintain or to supervise the repair and maintenance of any electrical equipment on the
532 premises and buildings of the employer;
533
534 (4) Home installations. Any person who installs his own electrical work, service, or
535 equipment in or about his own home and not for sale, except that such person shall be
536 required to file an application for inspection with the proper electrical inspection
537 authority;
538
539 (5) Supervised employees. Any employee of any person engaged in the performance of
540 electrical work while under the supervision of any master electrician, or general master
541 electrician limited;
542
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543 (6) Agricultural property. Property used exclusively for agricultural purposes, except for
544 the necessity to file for an application for an inspection certificate with the authorized
545 inspection authority where new installations are involved;
546
547 (7) Electrical engineers. Any manufacturing or industrial establishment retaining in its
548 own employment a professional electrical engineer with at least ten years experience
549 in planning and design. Such engineer may inspect the plant's additional electrical
550 installations if the said industrial plant files with the state board of electrical examiners
551 and the building inspector the name of the electrical engineer that would be responsible
552 for such electrical inspection and files with the board of electrical examiners and the
553 building inspector a letter stating that all additional electrical installations meet the
554 minimum standards of the National Electrical Code once a year.
555
556 (b) Insertion of devices, appliances. Nothing in this article shall be construed so as to forbid
557 the insertion in electrical circuits by unlicensed persons of devices or appliances which are
558 properly designed for such insertion and for which proper wiring and insertion devices are
559 installed.
560
561 (c) Heating, etc. Nothing in this article shall be so construed as to restrict anyone from
562 servicing equipment in the fields of heating, air conditioning, refrigeration, or appliances.
563
564 Sec. 22-109. Permit fees.
565 (a) No fee. There shall be no fee for permits or renewals thereof by the building inspector as
566 may be required by this article.
567
568 (b) Applications for inspections. Fees for applications for inspections issued by the city's
569 authorized inspection agency, as may be required of this article, shall be as determined by
570 said agency and approved by the building inspector.
571
572 Sec. 22-110. Violations.
573 Any person who shall violate any of the provisions of this article or fail to comply
574 therewith, or who shall violate or fail to comply with any order made thereunder, or who shall do
575 or cause to be done electrical work in violation of any detailed statement, or specifications or plans
576 submitted and approved hereunder, or any certificate or permit issued hereunder, and from which
577 no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified
578 by the building inspector within the time fixed therein, shall, severally for each and every such
579 violation and noncompliance respectively, be punished as provided for in Appendix F—Fees and
580 Fines. The imposition of one penalty for any violation shall not excuse the violation or permit it to
581 continue, and all such persons shall be required to correct or remedy such violations or defects
582 within a reasonable time.
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583 Sec. 22-111. Modifications.
584 The building inspector shall have the power to modify any of the provisions of this article,
585 upon application, in writing, by the owner of a premises or his agent, when there are practical
586 difficulties in the way of carrying out the strict letter of this article, provided that the spirit of this
587 article shall be observed, public safety secured, and substantial justice done.
588
589 Sec. 22-112. Appeals.
590 (a) Demand for hearing. Every applicant and owner of a premises and other parties in interest
591 shall have the right to demand, in writing, a hearing before the board of adjustment to
592 contest any decision or order made by the building inspector pursuant to this article. Such
593 demand for a hearing shall be signed by the contesting party, stating what portions of the
594 building inspector's decision or orders are contested and his interest in the premises.
595
596 (b) Time and place for hearing; notice. The board of adjustment shall fix a time and place for
597 the hearing, not less than ten days, nor more than 30 days after receiving such demand for
598 a hearing and cause a notice of the hearing to be served personally or by regular mail on
599 the contestant, owner of the premises and other parties in interest.
600
601 (c) Appearances; evidence. The contestant, owner of the premises, and other parties in interest
602 shall have the right to appear in person, or otherwise, and give testimony at the hearing,
603 and the rules of evidence prevailing in the courts shall not be controlling.
604
605 (d) Decision; service on parties in interest. The board of adjustment, within a reasonable time
606 after such a hearing, shall make its decision, and the city clerk shall serve a copy of the
607 decision personally or by regular mail on the contestant, owner of the premises, and other
608 parties in interest.
609
610 Sec. 22-113. Restriction on city's liability and inspections.
611 The city shall not incur liability, with regard to the installation, wiring, or appliances used,
612 from any violation of this article or from any accident resulting from the installation, and shall not
613 be obliged to inspect any installation before or after electricity is introduced.
614
615 Secs. 22-114—22-140. Reserved.
616
617 ARTICLE V. MECHANICAL CODE
618
619 Sec. 22-141. Adopted.
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620 (a) Certain documents, three copies of which are on file in the lLicensing and pPermitting
621 oOffice of the city, being marked and designated as the International Mechanical Code
622 2009 Edition, including appendix chapter "A", as referenced in the building code adopted
623 in 22-61(a), published by the International Code Council, be and is hereby adopted as the
624 code of the city for regulating the design, construction, quality of materials, erection,
625 installation, alteration, repair, location, relocation, replacement, addition to, use or
626 maintenance of mechanical systems in the city and providing for the issuance of permits
627 and collection of fees therefore; and each and all of the regulations, provisions, conditions,
628 and terms of such International Mechanical Code, as referenced in the building code
629 adopted in section 22-61(a), published by the International Code Council, on file in the
630 office of the city are hereby referred to, adopted and made a part hereof as if fully set out
631 in this section. The following sections of the International Mechanical Code are hereby
632 revised:
633
634 Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
635
636 106.5 Fee Schedule. Insert "See DCO Section 22-145 Heating, air conditioning, and heat pump
637 permit fees" in place of "The fees for all mechanical work shall be as indicated in the following
638 schedule:"
639
640 In place of:
641
642 Section 106.5.3 Fee refunds. Delete in its entirety.
643
644 SECTION 108 VIOLATIONS
645
646 Section 108.4 Violation Penalties. Insert "See Section 22-61(a) International Building Code
647 Section 113.4, Violation Penalties" in place of "Any person who shall violate a provision of this
648 code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters,
649 or repair, a plumbing work in violation of the approved construction documents or directive of the
650 code official, or of a permit or certificate issued under the provisions of this code, shall be guilty
651 of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT], or by
652 imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. Each day that a
653 violation continues after due notice has been served shall be deemed a separate offense."
654
655 Section 108.5 Stop work orders. Insert "See 22-61(a)International Building Code, Section 114.3
656 Unlawful continuance" in place of "Upon notice from the code official that mechanical work is
657 being done contrary to the provisions of this code or in a dangerous and unsafe manner such work
658 shall immediately cease. Such notice shall be in writing and shall be given to the owner of the
659 property, or to the owner's agent, or to the person doing the work. The notice shall state the
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660 conditions under which work is authorized to resume. Where an emergency exists, the code official
661 shall not be required to give a written notice prior to stopping work. Any person who shall continue
662 any work in or about the structure after having been served with a stop work order, except such
663 work as that person is directed to remove a violation or unsafe condition, shall be charged with a
664 violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more
665 than [AMOUNT] dollars"
666
667 SECTION 109 MEANS OF APPEAL. Delete section in its entirety.
668
669 (b) If any section, subsection, sentence, clause, or phrase of this section is, for any reason, held
670 to be unconstitutional, such decision shall not affect the validity of the remaining portions
671 of this section. The city council hereby declares that it would have passed the ordinance
672 from which this section derives, and each section, subsection, clause, or phrase thereof,
673 irrespective of the fact that anyone (1) or more sections, subsections, sentences, clauses,
674 and phrases be declared unconstitutional.
675
676 Sec. 22-142. Definitions.
677 (a) Whenever the word "municipality" or the word "city" is used in the publication adopted by
678 this article, it shall be construed to mean the City of Dover, Delaware.
679
680 (b) Whenever the term "corporation counsel" or "city attorney" is used in the publication
681 adopted by this article, it shall be construed to mean the city solicitor.
682
683 (c) Whenever, in the publication adopted by reference in this article, a term is used which is
684 also defined in the city's zoning ordinance as set forth in appendix B to this Code, such
685 term shall have the meaning provided in such appendix B.
686
687 Sec. 22-143. Conflicting provisions.
688 In the event of any conflict between the provisions of the publication adopted by this article
689 and applicable provisions of state law, this Code or any other ordinance, rule or regulation, the
690 provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be
691 controlling
692
693 Sec. 22-144. Enforcement.
694 The building inspector shall enforce the provisions of the publication adopted by reference
695 in this article.
696
697 Sec. 22-145. Heating, air conditioning, and heat pump permit fees.
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698 (a) Enumerated. Before any heating, air conditioning, or heat pump permit shall be issued, a
699 fee shall be paid unto the city as provided for in Appendix F—Fees and Fines.
700
701 (b) Doubling of fees. Fees established in this section shall double in the event that a permit is
702 applied for after construction has commenced without the permission of the building
703 inspector. The building inspector may waive the doubling of fees in cases where the
704 building permit applicant is not a professional contractor, and the work is not being done
705 by a professional contractor.
706
707 (c) Fines. A fine shall be issued when any code official finds any project has started or
708 has been completed without an approved permit.
709
710 Secs. 22-146—22-180. Reserved.
711
712 ARTICLE VI. PLUMBING CODE
713
714 Sec. 22-181. Adopted.
715 (a) [International Plumbing Code.] Certain documents, three copies of which are on file in the
716 lLicensing and pPermitting oOffice in the city, being marked and designated as
717 International Plumbing Code 2009, including appendix chapters B, C, D, E, F, G, as
718 referenced in the building code adopted in 22-61(a), published by the International Code
719 Council, be and is hereby adopted as the code of the city for regulating the design,
720 construction, quality of materials, erection, installation, alteration, repair, location,
721 relocation, replacement, addition to, use or maintenance of plumbing systems in the city
722 and providing for the issuance of permits and collection of fees therefore; and each and all
723 of the regulations, provisions, conditions and terms of such International Plumbing Code,
724 as referenced in the building code adopted in 22-61(a), published by the International Code
725 Council, on file in the office of the city are hereby referred to, adopted and made a part
726 hereof as if fully set out in this section. The following sections are hereby revised:
727
728 Exception: The 2009 International Private Sewage Disposal portion of this code is not adopted,
729 as enforced by other authorities having jurisdiction.
730
731 Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
732
733 Section 106.6.2 Fee Schedule. Insert "See Section 5.75 22-65 Permit Fees" in place of "The
734 fees for all plumbing work shall be as indicated in the following schedule:
735
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736 [JURISDICTION TO INSERT APPROPRIATE SCHEDULE]".
737
738 Section 106.6.3 Fee refunds. Delete in its entirety.
739
740 Section 108.4 Violation Penalties. Insert: "See Section 22-61(a) International Building Code
741 Section 113.4, Violation Penalties" in place of "Any person who shall violate a provision of this
742 code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters,
743 or repair, a plumbing work in violation of the approved construction documents or directive of the
744 code official, or of a permit or certificate issued under the provisions of this code, shall be guilty
745 of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by
746 imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each
747 day that a violation continues after due notice has been served shall be deemed a separate offense."
748
749 Section 108.5 Stop work orders. Insert "See Section 22-61(a) International Building Code,
750 Section 114.3 Unlawful continuance" in place of "Upon notice from the code official, work on any
751 plumbing system that is being done contrary to the provisions of this code or in a dangerous and
752 unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the
753 owner of the property, or to the owner's agent, or to the person doing the work. The notice shall
754 state the conditions under which work is authorized to resume. Where an emergency exists, the
755 code official shall not be required to give written notice prior to stopping work. Any person who
756 shall continue any work in or about the structure after having been served with a stop work order,
757 except such work as that person is directed to perform to remove a violation or unsafe condition,
758 shall be charged with a violation of this section and shall be liable to a fine of not less than
759 [AMOUNT] dollars or more than [AMOUNT] dollars."
760
761 (b) International Fuel and Gas Code. That certain documents, three copies of which are on
762 file in the lLicensing and pPermitting oOffice of the city being marked and designated as
763 "The International Fuel and Gas Code, 2009 Edition" as published by the International
764 Code Council be and is hereby adopted as the Fuel and Gas Code of the City of Dover in
765 the State of Delaware; for regulating and governing fuel gas systems and gas fired
766 appliances as herein provided.
767
768 (c) [Severability.] That if any section, subsection, sentences, clause, or phrase of this section
769 is, for any reason, held to be unconstitutional, such decision shall not affect the validity of
770 the remaining portions of this section. The city council hereby declares that it would have
771 passed the ordinance from which this section derives, and each section, subsection, clause,
772 and phrase therefore, irrespective of the fact that any one or more sections, subsections,
773 sentences, clauses, and phrases be declared unconstitutional.
774
775 Sec. 22-182. Definitions.
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776 (a) Whenever the word "municipality" or the word "city" is used in the publication adopted
777 by this article, it shall be construed to mean the City of Dover, Delaware.
778
779 (b) Whenever the term "corporation council" or "city attorney" is used in the publication
780 adopted by this article, it shall mean the city solicitor.
781
782 (c) Whenever, in the publication adopted by reference in this article, a term is used which
783 is also defined in the city's zoning ordinance as set forth in appendix B to this Code,
784 such term shall have the meaning provided in such appendix B.
785
786 Sec. 22-183. Conflicting provisions.
787 In the event of any conflict between the provisions of the code adopted by this article and
788 applicable provisions of state law, this Code or any other ordinance, rule, or regulation, the
789 provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be
790 controlling.
791
792 Sec. 22-184. Enforcement.
793 The building inspector shall enforce the provisions of the publication adopted by reference
794 in this article.
795
796 Sec. 22-185. Permit fees.
797 (a) Enumerated. Before any permit shall be issued for a plumbing permit a fee shall be paid
798 unto the city as provided for in Appendix F—Fees and Fines.
799
800 (b) Doubling of fees. Fees established in this section shall double in the event that a permit is
801 applied for after construction has commenced without the permission of the building
802 inspector. The building inspector may waive the doubling of fees in cases where the
803 building permit applicant is not a professional contractor, and the work is not being done
804 by a professional contractor.
805
806 (c) Fines. A fine shall be issued when any code official finds a project has started or has
807 been completed without an approved permit.
808
809 Sec. 22-186. Water conservation performance standards.
810 (a) General policy. No water shall be provided for internal or external use to any residential,
811 commercial, industrial, agricultural, recreational, governmental, or public building or
812 structure of any kind which is constructed or remodeled and in which plumbing, water
813 piping, or water fixtures are to be installed, extended or altered in any way and for which
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814 construction a permit is required to be obtained (or would be required but for an exemption
815 from a permit requirement for public or governmental agencies) unless the new, extended
816 or altered plumbing, water piping and other water fixtures therein conform to the
817 requirements and standards of subsection (b) of this section. The provisions of this section
818 apply to any such building or structure for which such a building permit is issued or would
819 otherwise be required to be issued but for such an exemption on or after December 10,
820 1990.
821
822 (b) Plumbing fixtures and fittings.
823 (1) Water closets and associated flushing mechanisms. The water consumption of water
824 closets shall not exceed an average of 1.6 gallons per flush cycle. The fixture shall
825 perform in accordance with the test requirements of the ANSI A122.19.2M and ANSI
826 A112.19.6M.
827
828 (2) Urinals and associated flushing mechanisms. Urinal water consumption shall not
829 exceed an average of 1.5 gallons per flush cycle. The fixtures shall perform in
830 accordance with the test requirements of ANSI 122.19.2M and ANSI A112.19.6M.
831
832 (3) Showerheads. Showerhead discharge rates shall not exceed three gallons of water per
833 minute. The fixture shall perform in accordance with the test requirements of ANSI
834 A122.18.1M.
835
836 (4) Faucets. Sink and lavatory faucet discharge rates shall not exceed three gallons of water
837 per minute. The fixture shall perform in accordance with the test requirements of ANSI
838 A112.18.1M.
839
840 (c) Special provisions.
841 (1) Special purpose equipment. The performance standards of subsection (b) of this section
842 shall not apply to fixtures and fittings, such as emergency showers, aspirator faucets,
843 and blowout fixtures, that, in order to perform a specialized function, cannot meet the
844 specified standards.
845
846 (2) Exemptions. Any person may apply to the city for an exemption to the terms of this
847 section, which may be granted by the city manager upon proof that some other device,
848 system, or procedure will save as much or more water as those set forth herein or that
849 those set forth herein cannot be complied with without undue hardship.
850
851 (d) Modification and removal. The city may from time to time modify, add to, or remove the
852 standards and restrictions herein.
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853 Secs. 22-187—22-220. Reserved.
854
855 ARTICLE VII. PROPERTY MAINTENANCE CODE
856
857 Sec. 22-221. Adopted.
858 (a) A certain document, three copies of which are on file in the lLicensing and pPermitting
859 oOffice of the city, being marked and designated as "The International Property
860 Maintenance Code, 2009" as published by the International Code Council, be and is hereby
861 adopted as the Property Maintenance Code of the City of Dover, in the State of Delaware;
862 for the control of buildings and structures as herein provided; and each and all of the
863 regulations, provisions, penalties, conditions and terms of said property maintenance code
864 are hereby referred to, adopted, and made a part hereof, as if fully set out in this section,
865 with the following additions, insertions, deletions and changes:
866 Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
867
868 SECTION 111 MEANS OF APPEAL See Chapter 22 - Buildings and Building Regulations,
869 Article I - In General, Sec. 22-1 Construction and property maintenance code board of appeals.
870
871 Section 304.14 Insect screens. Insert "March 1st to November 30th" in place of "[date] to
872 [date]".
873
874 Section 602.3 Heat supply. Insert "September 15th to May 1st" in place of "[date] to [date]".
875
876 Section 602.4. Occupiable workspaces. Insert "September 15th to May 1st" in place of "[date]
877 to [date]".
878
879 (b) It shall be unlawful for any person to violate any of the provisions of the publication
880 adopted in subsection (a).
881
882 Sec. 22-222. Definitions.
883 (a) Whenever the word "municipality" or "city" is used in the publication adopted by this
884 article, it shall be construed to mean the City of Dover, Delaware.
885
886 (b) Whenever the term "corporation counsel" or "city attorney" is used in the publication
887 adopted by this article, it shall mean the city solicitor.
888
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889 (c) Whenever, in the publication adopted by reference in this article, a term is used which is
890 also defined in the city's zoning ordinance as set forth in appendix B to this Code, such
891 term shall have the meaning provided in such appendix B.
892
893 Sec. 22-223. Conflicting provisions.
894 In the event of any conflict between the provisions of the code adopted by this article and
895 applicable provisions of state law, this Code or any other ordinance, rule, or regulation, the
896 provisions of state law, this Code or such other ordinance, rule or regulation shall prevail and be
897 controlling.
898
899 Sec. 22-224. Enforcement.
900 The city planner code official shall enforce the provisions of the publication adopted by
901 reference in this article.
902
903 Sec. 22-225. Violations.
904 (a) The Division of Code Enforcement, in accordance with the procedures set forth in the
905 International Property Maintenance Code adopted in section 22-221, shall inspect all
906 properties for compliance with the International Property Maintenance Code and all
907 applicable codes to ensure compliance.
908
909 (b) Notification. Following an inspection, the code official shall issue a letter and/or report
910 of any code violations and provide a timeline for compliance. There shall be no fee for
911 the first inspection.
912
913 (c) Notices. All notices of a code violation will be in writing and sent via first-class mail,
914 certified mail, electronic mail, or hand-delivered. A valid consent form must be on file
915 to receive electronic mail.
916
917 (d) Owner’s address. The owner of the property shall be responsible for maintaining an
918 accurate mailing address with the City of Dover tax office at all times.
919
920 (e) Compliance Date. Unless otherwise specified, all code violations must be corrected
921 within 30 days from the notice of violation. All code violations must be reinspected
922 by the code official to confirm compliance with the code.
923
924 (f) Life Safety Violations. Code violations with an immediate threat to general welfare or
925 life safety must be corrected within 48 hours from the issuance of the violation notice.
926 These code violations are subject to an immediate penalty and shall be fined as
927 provided in Appendix F-Fees and Fines. Every life safety violation shall be treated as
928 an individual and separate offense.
929 (g) Failure to schedule. Failure to schedule a reinspection by the date provided by the
930 code official shall be fined as provided in Appendix F-Fees and Fines.
931
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932 (h) Non-compliance. Failure to correct all code violation(s) by the date provided by the
933 code official shall be fined as provided in Appendix F--Fees and Fines.
934
935 Sec. 22-225. Reserved.
936 Secs. 22-226—22-250. Reserved.
937
938 ARTICLE VIII. LEASES
939
940 Sec. 22-251. Unlawful leases.
941 (a) Compliance with zoning. No owner or landlord shall enter into any agreement, contract,
942 lease, or sublease which provides for, permits, allows, contemplates, or facilitates
943 occupancy of any structure contrary to the use requirements of the city zoning ordinance
944 as set forth in Appendix B. Any agreement, contract, lease, or sublease which provides for,
945 permits, allows, contemplates, or facilitates such occupancy by more persons than
946 permitted in Appendix B to this Code is unlawful and hereby declared to be contrary to
947 public policy.
948
949 (b) Noise; disorderly conduct; drugs. All agreements, contracts, leases, or subleases for the
950 occupancy of dwelling units shall prominently stipulate that any renter or occupier of the
951 rental unit shall not violate section 42-2 pertaining to noise or section 70-3 pertaining to
952 disorderly conduct in connection with the use of the premises and shall also prominently
953 stipulate that any renter or occupant of the rental unit shall not commit any drug offense on
954 the premises. The agreement, contract, lease, or sublease shall also prominently stipulate
955 that if any renter or occupant shall be convicted more than one time in any one-year period
956 of violating section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct
957 in connection with the use of the premises or is convicted of any drug offense which
958 occurred on the premises, the renter or occupier shall be considered to have breached a
959 lawful obligation relating to his use of the premises and shall be grounds for termination
960 of the agreement, contract, lease, or sublease as it applies to that renter or occupant.
961
962 (c) Notice of conviction to landlord. The city shall notify the landlord, owner, or owner's agent
963 if a renter or occupant of the rental unit is convicted of violating section 42-2 pertaining to
964 noise, section 70-3 pertaining to disorderly conduct, or any drug law. Notice shall be
965 deemed to be properly served upon the owner or the owner's agent if a copy thereof is
966 delivered to the owner, or the owner's agent; or by leaving a notice at the usual place of
967 abode, in the presence of someone in the family of suitable age and discretion, who shall
968 be informed of the contents thereof, or by certified mail addressed to the owner or the
969 owner's agent at the last known address, with return receipt requested; or lastly by posting
970 a copy thereof in a conspicuous place in or about the structure affected by the notice.
971
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972 (d) Notice to renter. Within seven days of the receipt of notice that a renter or occupier has
973 been convicted of violating section 42-2 pertaining to noise or section 70-3 pertaining to
974 disorderly conduct, the landlord, owner, or owner's agent shall cause notice to be served
975 upon the affected renter or occupier that if a second such violation occurs within one year,
976 the rental agreement will be terminated.
977
978 (e) Second violation; termination of lease. Within seven days of the receipt of the notice that
979 a renter or occupier has been convicted of a second violation of section 42-2 pertaining to
980 noise or section 70-3 pertaining to disorderly conduct, or has been convicted of a drug
981 offense, the landlord, owner, or owner's agent shall cause to be served upon the affected
982 renter or occupier, notice that the rental agreement is terminated and that the renter or
983 occupier has not more than seven days to vacate the unit.
984
985 (f) Failure of renter or landlord to comply. If the renter or occupier fails to vacate the unit
986 within the time specified in the notice, the landlord, owner, or owner's agent shall
987 immediately initiate and diligently pursue, in good faith, summary proceedings for
988 possession as specified in the Residential Landlord-Tenant Code (25 Del. C. § 5101 et
989 seq.). The failure of the landlord, owner, or owner's agent to initiate or diligently pursue,
990 in good faith, summary proceedings for possession shall constitute a violation of this
991 section and shall subject the landlord, owner, or owner's agent to the penalties provided
992 herein.
993
994 (g) Violations; penalties. Any person, firm, or corporation who violates any provision of this
995 section shall have his rental license for the premises revoked and shall be punished by a
996 fine as provided for in Appendix F—Fees and Fines.
997
998 Secs. 22-252—22-280. Reserved.
999
1000 ARTICLE IX. LODGING HOUSES
1001
1002 DIVISION 1. GENERALLY
1003
1004 Sec. 22-281. Purpose; applicability; definitions; compliance.
1005 (a) Purpose. The purpose and intent of this article is to ensure public health, safety, and welfare
1006 insofar as the continued occupancy and maintenance of lodginghouses lodging houses
1007 operated for public use affect them. The health, safety, and welfare of the occupants of the
1008 lodginghouses lodging houses are of the utmost importance to the city.
1009
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1010 (b) Applicability. The provisions of this article shall apply to all matters affecting or relating
1011 to lodging houses. Where, in this article, different sections of this Code may specify
1012 different requirements, the most restrictive shall govern.
1013
1014 (c) Definitions. The following words, terms, and phrases, when used in this article, shall have
1015 the meanings ascribed to them in this subsection, except where the context clearly indicates
1016 a different meaning:
1017
1018 Lodginghouse Lodging house means a building operated principally for the temporary residence
1019 of the transient public, including, but not limited to, hotels, motels, inns, boardinghouses, rooming
1020 houses, tourist homes, and dormitories.
1021
1022 (d) Compliance. No person shall operate, occupy, or let to another for occupancy any
1023 lodginghouse lodging house which is not in compliance with this chapter. No person shall
1024 operate, occupy, or let to another for occupancy any lodginghouse lodging house unless it
1025 is clean and sanitary, and complies with the requirements of this article.
1026
1027 Sec. 22-282. Responsibilities of operator.
1028 The operator of every lodginghouse lodging house shall be responsible for:
1029
1030 (1) Maintaining all supplied bedding in a clean and sanitary condition;
1031
1032 (2) Changing all supplied bed linens and towels at least once each week and upon the
1033 renting of any room;
1034
1035 (3) Supplying clean towels daily;
1036
1037 (4) Maintaining the property in accordance with the International Property Maintenance
1038 Code adopted in section 22-221 and the International Fire Code adopted in section 46-
1039 121(a).
1040
1041 Secs. 22-284—22-300. Reserved.
1042
1043 DIVISION 2. PERMIT
1044
1045 Sec. 22-301. Generally.
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1046 (a) Required. It shall be unlawful for any person to let, or offer to let, space in any
1047 lodginghouse lodging house by advertisement, without first obtaining a permit from the
1048 licensing division of the dDepartment of pPlanning and iInspections in order to determine
1049 compliance with the provisions of this chapter.
1050
1051 (b) Expiration; fee. The permit shall expire annually on January 31, and the fee for the annual
1052 permit shall be as provided for in Appendix F—Fees and Fines.
1053
1054 (c) Failure to pay on due date. In the event that the permit fee set forth herein is not paid on
1055 the date due, then the permittee shall incur a penalty fee as provided for in Appendix F—
1056 Fees and Fines until the same is paid.
1057
1058 (d) Reinstatement fee. An owner whose permit has been suspended in accordance with section
1059 22-303 shall pay a reinstatement fee as provided for in Appendix F—Fees and Fines.
1060
1061 (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the
1062 date a notice thereof is mailed to the owner, then such fees may be entered into the
1063 municipal lien docket as a lien owing the city, and the same may be turned over to the city
1064 solicitor for collection.
1065
1066 (f) Utilities. The owner or occupant of any lodginghouse lodging house shall not be entitled
1067 to receive city utilities until the permit fee required in this section is paid in full and city
1068 personnel shall refuse to provide sewage, water, and electricity to the property until
1069 satisfactory proof is furnished that such permit fee has been paid.
1070
1071 Sec. 22-302. Application and issuance.
1072 No permit shall be issued until the applicant has complied with the provisions of this
1073 chapter applicable to lodginghouses lodging houses and until the applicant has furnished the
1074 licensing division of the dDepartment of pPlanning and iInspections with any other information
1075 that may be required.
1076
1077 Sec. 22-303. Suspension.
1078 (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the
1079 permit paid for, pursuant to this division, when he determines that the lodginghouse
1080 lodging house or the premises surrounding the lodginghouse lodging house fails to meet
1081 the requirements of this chapter or any rule or regulation issued pursuant thereto.
1082 Suspension shall last until the violations have been corrected to the satisfaction of the
1083 building inspector, or the suspension shall have been reversed on appeal.
1084
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1085 (b) Notice to owner. Upon suspending any permit under this section or withholding the permit
1086 paid for, the building inspector shall notify the owner of the violations of the applicable
1087 code and shall prescribe a period in which the violation shall be corrected.
1088
1089 (c) Appeal. Any owner or operator of any lodginghouse lodging house, whose permit to
1090 operate the structure is suspended by the building inspector pursuant to the procedures of
1091 this section, shall have the right to appeal and notice as provided in section 22-225.
1092
1093 (d) Effect of appeal. Upon suspension of a permit or withholding of a permit ordered by the
1094 building inspector and upon the permittee serving the city clerk with a notice of appeal
1095 pursuant to section 22-225, the permit suspension shall be stayed, and an existing permit
1096 shall remain in force until the appeal is decided.
1097
1098 Secs. 22-304—22-330. Reserved.
1099
1100 ARTICLE X. RENTAL DWELLINGS
1101
1102 DIVISION 1. GENERALLY
1103
1104 Sec. 22-331. Purpose; applicability; definitions; compliance.
1105 (a) Purpose. The purpose and intent of this article is to ensure public health, safety, and welfare
1106 insofar as they are affected by the continued occupancy and maintenance of dwellings
1107 operated for lease to the public. The health, safety, and welfare of the occupants of the
1108 dwellings are of the utmost importance to the city, as is the general community character
1109 in which these dwelling units are located.
1110
1111 (b) Applicability. The provisions of this article shall apply to all matters affecting or relating
1112 to rental dwellings. Where, in this article, different sections of this Code may specify
1113 different requirements, the most restrictive shall govern.
1114
1115 (c) Definitions. The following words, terms, and phrases, when used in this article, shall have
1116 the meanings ascribed to them in this subsection, except where the